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Title 45—Public Welfare

(This book contains Part 200 to End)

SUBTITLE BREGULATIONS RELATING TO PUBLIC WELFARE—(Continued)

Part

CHAPTER 11—Social and Rehabilitation Service (Assistance Programs), De

partment of Health, Education, and Welfare

201

CHAPTER IV–Social and Rehabilitation Service (Rehabilitation Programs),

Department of Health, Education, and Welfare

401

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CHAPTER V—Foreign Claims Settlement Commission of the United States

500

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CHAPTER IXAdministration on Aging, Social and Rehabilitation Service,

Department of Health, Education, and Welfare

901

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CHAPTER X-Office of Economic Opportunity

1005

CHAPTER XI–National Foundation on the Arts and the Humanities

1100

CHAPTER 1|--SOCIAL AND REHABILITATION SERVICE (ASSISTANCE PROGRAMS), DEPARTMENT

OF HEALTH, EDUCATION, AND WELFARE 1

Part 200 Reserved] 201 Grants to States for public assistance programs. 202 [Reserved] 203 [Reserved] 204 General administration—Social and Rehabilitation Service grant programs. 205 General administration—public assistance programs. 206 Application, determination of eligibility and furnishing assistance-public

assistance programs. 208 Assistance to aged individuals in institutions for mental diseases. 211 Care and treatment of mentally ill nationals of the United States, returned

from foreign countries. 212 Assistance for United States citizens returned from foreign countries. 213 Practice and procedure for hearings to States on conformity of public as

sistance plans to federal requirements. 220 Service programs for families and children; Title IV Parts A and B of

Social Security Act. 222 Service programs for aged, blind, or disabled persons: Titles I, X, XIV,

and XVI of The Social Security Act. 225

Training and use of subprofessionals and volunteers. 226 Purchase of services under public assistance programs. 233 Coverage and conditions of eligibility in financial assistance programs. 234 Financial assistance to individuals. 235 Administration of financial assistance programs. 237 Fiscal administration of financial assistance programs. 246 State organization-medical assistance programs. 248 Coverage and conditions of eligibility for medical assistance. 249 Services and payment in medical assistance programs. 250 Administration of medical assistance programs. 251 Interrelation of medical assistance programs with other programs or agencies. 252 Medical assistance programs; related responsibilities. 270 Juvenile delinquency and youth development programs and activities. 280

Grants for expansion and development of undergraduate and graduate pro

grams in social work. Cross REFERENCE: See 42 CFR 205 for regulations governing the program of research or demonstration grants for projects in the field of child welfare authorized by 42 U.S.C. 626.

182 F.R. 20811, Dec. 27, 1967.

PART 201—GRANTS TO STATES FOR

Subpart A-Approval of State Plans PUBLIC ASSISTANCE PROGRAMS

and Certification of Grants Sec. 201.1 General definitions.

8 201.2 General.

The State plan is a comprehensive Subpart A-Approval of State Plans and

statement submitted by the State agency Certification of Grants

describing the nature and scope of its 201.2 General.

program and giving assurance that it 201.3 Approval of State plans and amendments.

will be administered in conformity with 201.4 Administrative review of certain ad

the specific requirements stipulated in ministrative decisions.

the pertinent title of the Act, the regu201.5 Grants.

lations in Subtitle A and this chapter of 201.6 Withholding of payment; reduction this title, and other applicable official

of Federal financial participation issuances of the Department. The State in the costs of social services and

plan contains all information necessary training.

for the Service to determine whether the 201.7 Judicial review.

plan can be approved, as a basis for Subpart B-Review and Audits

Federal financial participation in the 201.10 Review of State and local adminis

State program. tration.

$ 201.3 Approval of State plans and 201.11 Personnel merit system review.

amendments. 201.12 Public assistance audits. 201.13 Action on audit and review findings. The State plan consists of written AUTHORITY: The provisions of this Part

documents furnished by the State to 201 issued under sec. 1102, 49 Stat. 647; 42

cover each of its programs under the U.S.C. 1302.

Act: Old-age assistance (title I); aid and SOURCE: The provisions of this Part 201

services to needy families with children appear at 35 F.R. 12180, July 29, 1970, unless

(part A of title IV); aid to the blind otherwise noted.

(Title X); aid to the permanently and

totally disabled (title XIV); aid to the 8 201.1 General definitions.

aged, blind or disabled (title XVI); or When used in this chapter, unless the medical assistance (title XIX). The State context otherwise indicates:

may submit the common material on (a) "Act” means the Social Security more than one program as an integrated Act, and titles referred to are titles of plan. However, it must identify the prothat Act;

visions pertinent to each title since a (b) “Department” means the Depart- separate plan must be approved for each ment of Health, Education, and Welfare; public assistance title. A plan submitted

(c) “Administrator" means the Ad- under title XVI encompasses, under a ministrator, Social and Rehabilitation single plan, the programs otherwise Service;

covered by three separate plans under (d) “Secretary" means the Secretary titles I, X, and XIV. After approval of of Health, Education, and Welfare;

the original plan by the Service, all rele(e) "Service" means the Social and vant changes, required by new statutes, Rehabilitation Service in the Depart- rules, regulations, interpretations, and ment;

court decisions, are required to be sub(f) “Regional Commissioner" means mitted currently so that the Service may the Regional Commissioner of the So- determine whether the plan continues to cial and Rehabilitation Service;

meet Federal requirements and policies. (g) "State” means the several States, (a) Submittal. State plans and revithe District of Columbia, the Common- sions of the plans are submitted first to wealth of Puerto Rico, the Virgin the State governor or his designee for Islands, and Guam;

review in accordance with $ 204.1 of this (h) "State agency" means the State chapter, and then to the regional office. agency administering or supervising the The States are encouraged to obtain administration of the State plan under consultation of the regional staff when a title I, IV-A, X, XIV, XVI, or XIX of the plan is in process of preparation or Act;

revision. (i) The terms “regional office" and (b) Review. Staff in the regional of"central office" refer to the regional fices are responsible for review of State offices and the central office of the Social plans and amendments. They also iniand Rehabilitation Service, respectively.

tiate discussion with the State agency on clarification of signficant aspects of 90th day following the date on which the plan which come to their attention such a request is received in the regional in the course of this review. State plan office with respect to an amendment that material on which the regional staff has has been received in such office, unless questions concerning the application of the Regional Commissioner has secured Federal policy is referred with recom- from the State agency a written agreemendations as required to the central ment to extend that period. In absence office for technical assistance. Comments of request by a State that an amendmen and suggestions, including those of con- of an approved State plan shall be consultants in specified areas, may be pre- sidered as a submission of a new State pared by the central office for use by the plan, the procedures under $201.6 (a) regional staff in negotiations with the and (b) shall be applicable. State agency.

(g) Effective date. The effective date (c) Action. The Regional Commission- of a new plan may not be earlier than er exercises delegated authority to take the first day of the calendar quarter in affirmative action on State plans and which an approvable plan is submitted, amendments thereto on the basis of and, with respect to expenditures for policy statements or precedents previous- assistance under such plan, may not be ly approved by the Administrator. The earlier than the first day on which the Administrator retains authority for de- plan is in operation on a statewide basis. termining that proposed plan material is The same applies with respect to plan not approvable, or that a previously ap- amendments that provide additional asproved plan no longer meets the require- sistance or services to persons eligible unments for approval, except that a final der the approved plan or that make new determination of disapproval may not groups eligible for assistance or services be made without prior consultation and provided under the approved plan. For discussion by the Administrator with the other plan amendments the effective date Secretary. The Regional Commissioner shall be as specified in other sections or the Administrator formally notifies of this chapter. the State agency of the actions taken on State plans or revisions.

8 201.4 Administrative review of certain (d) Basis for approval. Determina

administrative decisions. tions as to whether State plans (includ- Pursuant to section 1116 of the Act, ing plan amendments and administrative any State dissatisfied with a determinapractice under the plans) originally meet, tion of the Administrator pursuant to or continue to meet, the requirements for 8 201.3 (e) or (f) with respect to any plan approval are based on relevant Federal or amendment may, within 60 days after statutes and regulations. Guidelines are the date of receipt of notification of such furnished to assist in the interpretation determination, file a petition with the of the regulations.

Regional Commissioner asking the Ad(e) Prompt approval of State plans. ministrator for reconsideration of the Pursuant to section 1116 of the Act, the issue of whether such plan or amenddetermination as to whether a State plan ment conforms to the requirements for submitted for approval conforms to the approval under the Act and pertinent requirements for approval under the Act Federal requirements. Within 30 days and regulations issued pursuant thereto after receipt of such a petition, the Adshall be made promptly and not later ministrator shall notify the State of the than the 90th day following the date on time and place at which the hearing for which the plan submittal is received in the purpose of reconsidering such issue the regional office, unless the Regional will be held. Such hearing shall be held Commissioner has secured from the State not less than 30 days nor more than 60 agency a written agreement to extend days after the date notice of such hearthat period.

ing is furnished to the State, unless the (f) Prompt approval of plan amend- Administrator and the State agree in ments. Any amendment of an approved writing on another time. For hearing State plan may, at the option of the procedures, see Part 213 of this chapter. State, be considered as a submission of A determination affirming, modifying, or a new State plan. If the State requests reversing the Administrator's original that such amendment be so considered, decision will be made within 60 days of the determination as to its conformity the conclusion of the hearing. Action with the requirements for approval shall pursuant to an initial determination by be made promptly and not later than the the Administrator described in such

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