Constitution of such State contains limitations which prevent such State from making supplemental payments of the type described in section 1616 of the Social Security Act. PREFERENCE FOR PRESENT STATE AND LOCAL EMPLOYEES 87 STAT. 158 86 Stat. 1474. 42 USC 1382e. SEC. 213. The Secretary of Health, Education, and Welfare, in the recruitment and selection for employment of personnel whose services will be utilized in the administration of the Federal program of supplemental security income for the aged, blind, and disabled (established by title XVI of the Social Security Act), shall give a preference, 42 USC 1381. as among applicants whose qualifications are reasonably equal (subject to any preferences conferred by law or regulation on individuals who have been Federal employees and have been displaced from such employment), to applicants for employment who are or were employed in the administration of any State program approved under title I, X, XIV, or XVI of such Act and are or were involuntarily 86 Stat. 1484. displaced from their employment as a result of the displacement of such State program by such Federal program. DETERMINATION OF BLINDNESS UNDER SUPPLEMENTAL SECURITY INCOME PROGRAM SEC. 214. Section 1633 of the Social Security Act (as enacted by section 301 of the Social Security Amendments of 1972) is amended— (1) by inserting "(a)" immediately after "SEC. 1633.", (2) by striking out "The Secretary" and inserting in lieu thereof "Subject to subsection (b), the Secretary", and (3) by adding at the end thereof the following new subsection: "(b) In determining, for purposes of this title, whether an individual is blind, there shall be an examination of such individual by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select." PART C-SOCIAL SERVICES SOCIAL SERVICES REGULATIONS POSTPONED SEC. 220. (a) Subject to subsection (b), no regulation and no modification of any regulation, promulgated by the Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary") after January 1, 1973, shall be effective for any period which begins prior to November 1, 1973, if (and insofar as) such regulation or modification of a regulation pertains (directly or indirectly) to the provisions of law contained in section 3 (a) (4) (A), 402 (a) (19) (G), 403 (a) (3) (A), 603 (a) (1) (A), 1003 (a) (3) (A), 1403(a) (3) (A), or 1603 (a) (4) (A), of the Social Security Act, unless such regulation or modification has been approved, prior to its being proposed, by the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (b) (1) The provisions of subsection (a) shall not be applicable to any regulation relating to "scope of programs", if such regulation is identical (except as provided in the succeeding sentence) to the provisions of section 221.0 of the regulations (relating to social services) proposed by the Secretary and published in the Federal Register on May 1, 1973. There shall be deleted from the first sentence of subsection (b) of such section 221.0 the phrase "meets all the applicable requirements of this part and". (2) The provisions of subsection (a) shall not be applicable to any regulation relating to "limitations on total amount of Federal funds payable to States for services", if such regulation is identical (except 42 USC 301, 1201, 1351. 86 Stat. 1478. 42 USC 1383b. 42 USC 303, 602, 603, 803, 1203, 1353, 1383. 87 STAT. 159 80 Stat. 383. 86 Stat. 945. 42 USC 1320b. 42 USC 603. 42 USC 601. 79 Stat. 343; 86 Stat. 1426. 42 USC 1396. 79 Stat. 351. 42 USC 1396d. 42 USC 13968. as provided in the succeeding sentence) to the provisions of section 221.55 of the regulations so proposed and published on May 1, 1973. There shall be deleted from subsection (d)(1) of such section 221.55 the phrase "(as defined under day care services for children)"; and, in lieu of the sentence contained in subsection (d) (5) of such section 221.55, there shall be inserted the following: "Services provided to a child who is under foster care in a foster family home (as defined in section 408 of the Social Security Act) or in a child-care institution (as defined in such section), or while awaiting placement in such a home or institution, but only if such services are needed by such child because he is under foster care.". (3) The provisions of subsection (a) shall not be applicable to any regulation relating to "rates and amounts of Federal financial participation for Puerto Rico, the Virgin Islands, and Guam", if such regulation is identical to the provisions of section 221.56 of the regulations so proposed and published on May 1, 1973. (c) Notwithstanding the provisions of section 553 (d) of title 5, United States Code, any regulation described in subsection (b) may become effective upon the date of its publication in the Federal Register. SEC. 221. Section 1130 (a)(2) of the Social Security Act is amended (1) by striking out "of the amounts paid (under all of such sections)" and inserting in lieu thereof "of the amounts paid under such section 403 (a) (3)"; and (2) by striking out "under State plans approved under titles I, X, XIV, XVI, or part A of title IV" and inserting in lieu thereof "under the State plan approved under part A of title IV". PART D-PROVISIONS RELATING TO MEDICAID COVERAGE OF ESSENTIAL PERSONS UNDER MEDICAID SEC. 230. In the case of any State plan (approved under title XIX of the Social Security Act) which for December 1973 provided medical assistance to persons described in section 1905 (a) (vi) of such Act, there is hereby imposed the requirement (and such State plan shall be deemed to require) that medical assistance under such plan be provided to each such person (who for December 1973 was eligible for medical assistance under such plan) for each month (after December 1973) that (1) the individual (referred to in the last sentence of section 1905 (a) of such Act) with whom such person is living continues to meet the criteria (as in effect for December 1973) for aid or assistance under a State plan (referred to in such sentence), and (2) such person continues to have the relationship with such individual described in such sentence and meets the other criteria (referred to in such sentence) with respect to a State plan (so referred to) as such plan was in effect for December 1973. Federal matching under title XIX of the Social Security Act shall be available for the medical assistance furnished to individuals eligible for such assistance under this section. PERSONS IN MEDICAL INSTITUTIONS SEC. 231. For purposes of section 1902 (a) (10) of the Social Security Act, any individual who, for all (or any part of) the month of December 1973 (1) was an inpatient in an institution qualified for reimbursement under title XIX of the Social Security Act, and (2) (A) would (except for his being an inpatient in such institution) have been eligible to receive aid or assistance under a State plan approved under title I, X, XIV, or XVI of such Act, or (B) was, on the basis of his need for care in such institution, considered to be eligible for aid or assistance under a State plan (referred to in subparagraph (A)) for purposes of determining his eligibility for medical assistance under a State plan approved under title XIX of such Act (whether or not such individual actually received aid or assistance under a State plan referred to in subparagraph (A)),, shall be deemed to be receiving such aid or assistance for such month and for each succeeding month in a continuous period of months if, for each month in such period— (3) such individual continues to be (for all of such month) an inpatient in such an institution and would (except for his being an inpatient in such institution) continue to meet the conditions of eligibility to receive aid or assistance under such plan (as such plan was in effect for December 1973), and (4) such individual is determined (under the utilization review and other professional audit procedures applicable to State plans. approved under title XIX of the Social Security Act) to be in need of care in such an institution.. Federal matching under title XIX of the Social Security Act shall be available for the medical assistance furnished to individuals eligible for such assistance under this section. BLIND AND DISABLED MEDICALLY INDIGENT PERSONS SEC. 232. For purposes of section 1902(a) (10) of the Social Security Act, any individual who, for the month of December 1973 was eligible 42 USC 1396a. (under the provisions of subparagraph (B) of such section) for medical assistance by reason of his having been determined to meet the criteria for blindness or disability (established by a State plan approved under title I, X, XIV, or XVI of such Act), shall be deemed to be a person described as being a person who "would, if needy, be eligible for aid or assistance under any such State plan" in subparagraph (B)(i) of such section for each month in a continuous period of months (beginning with the month of January 1974), if, for each month in such period, such individual continues to meet the criteria for blindness or disability so established by such a State plan (as it was in effect for December 1973). Federal matching under title XIX of the Social Security Act shall be available for the medical assistance furnished to individuals eligible for such assistance under this section. EXTENSION OF SECTION 249E OF SOCIAL SECURITY SEC. 233. Section 249E of the Social Security Amendments of 1972 is amended by striking out "October 1974" and inserting in lieu thereof "July 1975". REPEAL OF SECTION 225 OF SOCIAL SECURITY SEC. 234. (a) Section 1903 of the Social Security Act is amended by striking out subsection (j) thereof (as added by section 225 of Public Law 92-603). 86 Stat. 1396. (b) The amendment made by subsection (a) shall be applicable in 42 USC 1396b. the case of expenditures for skilled nursing services and for inter- Effective date. mediate care facility services furnished in calendar quarters which begin after December 31, 1972. 87 STAT. 161 86 Stat. 1346. 42 USC 402. Effective date. 42 USC 401. PART E-PROVISIONS RELATING TO CHILD'S SOCIAL SECURITY BENEFITS FOR ADOPTED CHILDREN SEC. 240. (a) Section 202 (d) (8) (D) (ii) of the Social Security Act is amended by striking out "and" at the end thereof and inserting in lieu thereof "or (III) if he is an individual referred to in either subparagraph (A) or subparagraph (B) and the child is the grandchild of such individual or his or her spouse, for the year immediately before the month in which such child files his or her application for child's insurance benefits, and”. (b) The amendment made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after the month in which this Act is enacted on the basis of applications for such benefits filed in or after the month in which this Act is enacted. No. 93-365 (Comm. Of Conference). SENATE REPORT No. 93-240 (Comm. on Finance). CONGRESS IONAL RECORD, Vol. 119 (1973): May 9, considered and passed House. June 30, considered and passed Senate, amended; House agreed to amendment with an amendment; Senate agreed to con- WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 9, No. 28: July 11, Presidential statement. 93rd Congress, H. R. 11333 An Act To provide a 7-percent increase in social security benefits beginning with March 1974 and an additional 4-percent increase beginning with June 1974, to provide increases in supplemental security income benefits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, INTERIM COST-OF-LIVING INCREASES IN SOCIAL SECURITY BENEFITS 87 STAT 947 Social security benefits, increase. SECTION 1. (a) Section 201(a)(1) of Public Law 93-66 is amended Ante, p. 152. by striking out "the percentage by which" and all that follows and inserting in lieu thereof the following: "7 per centum.". (b) Section 201(a) (2) of Public Law 93-66 is amended— (1) by striking out "May 1974" each place it appears and inserting in lieu thereof "February 1974"; and (2) by striking out "January 1975" each place it appears and inserting in lieu thereof "June 1974”. (c) Section 201(b) of Public Law 93-66 is amended to read as follows: "(b) The increase in social security benefits authorized under this section shall be provided, and any determinations by the Secretary in connection with the provision of such increase in benefits shall be made, in the manner prescribed in section 215 (i) of the Social Security Act for the implementation of cost-of-living increases authorized 86 Stat. 412. under title II of such Act, except that 42 USC 415. "(1) the amount of such increase shall be 7 per centum, "(2) in the case of any individual entitled to monthly insurance benefits payable pursuant to section 202(e) of such Act for 42 USC 402. February 1974 (without the application of section 202(j) (1) or 223 (b) of such Act), including such benefits based on a primary 42 USC 423. insurance amount determined under section 215(a)(3) of such Act as amended by this section, such increase shall be determined 42 USC 415. without regard to paragraph (2) (B) of such section 202(e), and 42 USC 402. "(3) in the case of any individual entitled to monthly insurance benefits payable pursuant to section 202(f) of such Act for February 1974 (without the application of section 202 (j) (1) or 223(b) of such Act), including such benefits based on a primary insurance amount determined under section 215(a) (3) of such Act as amended by this section, such increase shall be determined without regard to paragraph (3) (B) of such section 202(f).”. (d) Section 201 (c) (2) of Public Law 93-66 is amended by striking Ante, p. 152. out "May 1974" and inserting in lieu thereof "February 1974". (e) Section 201 (d) of Public Law 93-66 is amended by striking out "December 1974" each place it appears and inserting in lieu thereof "May 1974". (f) Section 202 (e) of the Social Security Act is amended by adding 81 Stat. 829. at the end thereof the following new paragraph: "(7) In the case of an individual entitled to monthly insurance benefits payable under this section for any month prior to January 1973 whose benefits were not redetermined under section 102(g) of the Social Security Amendments of 1972, such benefits shall not be re- 86 Stat. 1338. determined pursuant to such section, but shall be increased pursuant to any general benefit increase (as defined in section 215 (i) (3)) or any 42 USC 415. increase in benefits made under or pursuant to section 215 (i), includ ing for this purpose the increase provided effective for March 1974, as though such redetermination had been made.” |