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of medical or any other type of remedial care with respect to such month plus the product of $65 multiplied by such total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as old-age assistance under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the product of $12 multiplied by the total number of such recipients of old-age assistance for such month; and

(2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to—

(A) one-half of the total of the sums expended during such quarter as old-age assistance under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof), not counting so much of any expenditure with respect to any month as exceeds $35 multiplied by the total number of recipients of old-age assistance for such month; plus

(B) the larger of the following amounts: (i) one-half of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds (I) the product of $41 multiplied by the total number of such recipients of old-age assistance for such month, or (II) if smaller, the total expended as old-age assistance in the form of medical or any other type of remedial care with respect to such month plus the product of $35 multiplied by the total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as old-age assitance under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the product of $6 multiplied by the total number of such recipients of old-age assistance for such month; and

(3) in the case of any State, an amount equal to the Federal medical percentage (as defined in section 6 (c) of the total amounts expended during such quarter as medical assistance for the aged under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof); and

(4) in the case of any State, an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan, including services which are provided by the staff of the State agency (or of the local agency administering the State plan in the political subdivision) to applicants for and recipients of old-age assistance to help them attain self-care.9

•P. L. 86-778, sec. 601 (c) amended sec. 3 (a) In its entirety effective October 1, 1960. For sec. 3 (a) as It read prior to this amendment, see p. 291.

Pursuant to gee. 9 of the Act of April 19, 1950 (64 Stat. 44, 47), the Secretary of the Treasury must also pay to States, in addition to the amounts provided by sec. 8 (a) of the Social Security Act, an amount equal to 80 percent of the State share of expenditures under the State plan with respect to Navajo and Hopl Indians.

See also sec. 1108 (p. 166) for a further limitation on the amounts which may be certified for payment to Puerto Rice, the Virgin IiUndi( and Guam tor any fiscal year.

(b) The method of computing and paying such amounts shall be as follows:

(1) The Secretary of Health, Education, and Welfare shall, prior to the beginning of each quarter, estimate the amount to be paid to the State for such quarter under the provisions of subsection (a), such estimate to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State's proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, (B) records showing the number of aged individuals in the State, and (C) such other investigation as the Secretary may find necessary.

(2) The Secretary of Health, Education, and Welfare shall then certify to the Secretary of the Treasury the amount so estimated by the Secretary of Health, Education, and Welfare, (A) reduced or increased, as the case may be, by any sum by which the Secretary of Health, Education, and Welfare finds that his estimate for any prior quarter was greater or less than the amount which should have been paid to the State under subsection (a) for such quarter, and (B) reduced by a sum equivalent to the pro rata share to which the United States is equitably entitled, as determined by the Secretary of Health, Education, and Welfare, of the net amount recovered during any prior quarter by the State or any political subdivision thereof with respect to10 assistance furnished under the State plan; except that such increases or reductions shall not be made to the extent that such sums have been applied to make the amount certified for any prior quarter greater or less than the amount estimated by the Secretary of Health, Education, and Welfare for such prior quarter: Provided, That any part of the amount recovered from the estate of a deceased recipient which is not in excess of the amount expended by the State or any political subdivision thereof for the funeral expenses of the deceased shall not be considered as a basis for reduction under clause (B) of this paragraph.

(3) The Secretary of the Treasury shall thereupon, through the Fiscal Service 11 of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Secretary of Health, Education, and Welfare, the amount so certified.

Operation of State Plans

Sec. 4. In the case of any State plan12 which has been approved under this title 13 by the Secretary of Health, Education, and Welfare, if the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan finds—

10 P. L. 86-778, nee. 601 (d) deleted "old-age," effective October 1, 1060. a The Division of Disbursement was consolidated Id the Fiscal Service of the Treasury Department by Reorganization Plan No. Ill, sec. 1 (a), effective June 30, 1940 (54 Stat.

"P. L. 86-778, sec. 601 (e), deleted "for old-age assistance," effective October 1, 1960. a P. L. 86-778, sec. 601 (e) added "under this title," effective October 1, 1960.

(1) that the plan has been so changed as to impose any age, residence, or citizenship requirement prohibited by section 2 (fa), or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a substantial number of cases; or

(2) that in the administration of the plan there is a failure to comply substantially with any provision required by section 2 (a) to be included in the plan;

the Secretary shall notify such State agency that further payments will not be made to the State until the Secretary is satisfied that such prohibited requirement is no longer so imposed, and that there is no longer any such failure to comply. Until he is so satisfied he shall make no further certification to the Secretary of the Treasury with respect to such State.

Administration

Sec. 5. [Executed. Authorized appropriation for administrative expenses of the Social Security Board under this title for the fiscal year ending June 30, 1936.]

Definitions

Sec. 6. (a) For the purposes of this title, the term "old-age assistance" means money payments to, or medical care in behalf of or any type of remedial care recognized under State law in behalf of, needy individuals who are sixty-five years of age or older, but does not include—

(1) any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual who is a patient in an institution for tuberculosis or mental diseases, or

(2) any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof, or

(3) any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that he has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, as a result of such diagnosis, for forty-two days.14

(b) For purposes of this title, the term "medical assistance for the aged" means payment of part or all of the cost of the following care and services for individuals sixty-five years of age or older who are not recipients of old-age assistance but whose income and resources are insufficient to meet all of such cost—

inpatient hospital services;
skilled nursing-home service*;
physicians' services;

"P. L. 86-778, sec. 601 (f) (1) effective October 1, 1980, amended sec. 6 (a) by substituting the material beginning with "does not Include" and through the end of sec. 6 (a), for the following: "but does not Include any such payments to or care in behalf of any Individual who Is an Inmate of a public Institution (except as a patient In a medical Institution) or any Individual (a) who is a patient in an institution for tuberculosis or mental diseases, or (b) who has been diagnosed as having tuberculosis or psychosis and Is a patient In a medical Institution as a result thereof."

(4) outpatient hospital or clinic services;

(5) home health care services;

(6) private duty nursing services;

7) physical therapy and related services;

8) dental services;

9) laboratory and X-ray services;

(10) prescribed drugs, eyeglasses, dentures, and prosthetic devices;

(11) diagnostic, screening, and preventive services; and

(12) any other medical care or remedial care recognized under State law;

except that such term does not include any such payments with respect to—

(A) care or services for any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual who is a patient in an institution for tuberculosis or mental diseases; or

(B) care or services for any individual, who is a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, as a result of such diagnosis, for forty-two days.15

(c) For purposes of this title, the term "Federal medical percentage" for any State shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the square of the per capita income of such State bears to the square of the per capita income of the continental United States (including Alaska) and Hawaii; except that (i) the Federal medical percentage shall in no case be less than 50 per centum or more than 80 per centum, and (ii) the Fedral medical percentage for Puerto Rico, the Virgin Islands, and Guam shall be 50 per centum. The Federal medical percentage for any State shall be determined and promulgated in accordance with the provisions of subparagraph (B) of section 1101 (a) (8) (other than the proviso at the end thereof); except that the Secretary shall, as soon as possible after enactment of the Social Security Amendments of 1960, determine and promulgate the Federal medical percentage for each State—

(1) for the period beginning October 1,1960, and ending with the close of June 30, 1961, which promulgation shall be based on the same data with respect to per capita income as the data used by the Secretary in promulgating the Federal percentage (under section 1101 (a) (8)) for such State for the fiscal year ending June 30, 1961 (which promulgation of the Federal medical percentage shall be conclusive for such period), and

(2) for the period beginning July 1, 1961, and ending with the close of June 30, 1963, which promulgation shall be based on the same data with respect to per capita income as the data used by the Secretary in promulgating the Federal percentage (under section 1101 (a) (8)) for such State for such period (which promulgation of the Federal medical percentage shall be conclusive for such period) .16

15 P. L. 86-778, sec. 601 (f) (2) Inserted "(a)" after "Sec. 6," and added subsection (b) effective October 1,1960. "P. L. 86-778, sec. 601 (f) (2) added subsection (c) effective October 1, 1960.

TITLE II—FEDERAL OLD-AGE, SURVIVORS, AND

DISABILITY INSURANCE BENEFITS

Co. of Federal Old-Age and Survivors Insurance Trust
und---------------------------------------------

Creation of Federal Disability Insurance Trust Fund------

Board of Trustees------------------------------------

Investment of Funds----------------------------------
Sale of Obligations------------------------------------
Crediting of Interest On and Proceeds From Sales of Obliga-

tions----------------------------------------------
Payment From Trust Funds Into Treasury--------------

Trust Funds Used For Payment of Benefits-------------

Old-Age Insurance Benefits----------------------------

Wife's Insurance Benefits------------------------------

Husband's Insurance Benefits--------------------------

Child's Insurance Benefits-----------------------------

Widow’s Insurance Benefits----------------------------

Widower's Insurance Benefits--------------------------

Mother's Insurance Benefits---------------------------

Parent's Insurance Benefits----------------------------

Lump-Sum Death Payments.---------------------------

Apr.” For Monthly Benefits; Retroactive Effect of
pplication; Waiver of Entitlement-------------------

Simultaneous Entitlement to More Than One Type of In-

surance Benefit------------------------------------

Effect of Entitlement to Survivor Benefits Under Railroad

Retirement Act------------------------------------

Minimum Survivor's or Dependent's Benefit-------------

Termination of Benefits Upon Deportation of Primary

Beneficiary----------------------------------------

Aploo, for Benefits by Survivors of Members and
ormer Members of the Uniformed Services-----------

Extension of Period for Filing Proof of Support and Appli-

cations for Lump-Sum Death Payment----------------

Adjustment of Old-Age and Wife's Insurance Benefit

Amounts in Accordance With Age of Female Beneficiary-

Presumed Filing of Application by Woman Eligible for Old-

Age and Wife's Insurance Benefits--------------------

Female Disability Insurance Beneficiary; Effect of Entitle-
ment To Other Benefits-----------------------------

(m)

(n)

(o)

(p)

(q)

(r)

(s)

(t)

(u

Sec. 203. Reduction of Insurance Benefits----------------------------

a)

(b)

(c)

(d)

Maximum Benefits Payable on One Earnings Record-----

Deductions Because of Work--------------------------

Deductions Because of Noncovered Work Outside the U.S.;

Failure to Have Child in Care-----------------------

Deductions From Dependents Benefits Because of Old-Age
Higrante Beneficiary’s Noncovered Work Outside the

Months to Which Earnings Are Charged----------------

Penalty for Failure to Report Certain Events.------------

Report of Earnings to Secretary------------------------

*This table of contents does not appear in the law.

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