(e) There are authorized to be appropriated from the general fund of the Treasury such sums as may be necessary to carry out this section. Excerpts From Public Law 94-88 TITLE II-AMENDMENTS RELATING TO SOCIAL TEMPORARY WAIVERS OF CERTAIN REQUIREMENTS FOR CERTAIN STATES Sec. 201. (a) If the Governor of any State, which has an approved State plan under part A of title IV of the Social Security Act, submits to the Secretary of Health, Education, and Welfare (hereinafter in this section referred to as the "Secretary"), a request that any provision of section 402 (a) (26) of the Social Security Act or section 402 (a) (27) of such Act not be made applicable to such State prior to a date specified in the request (which shall not be later than June 30, 1976) and (1) such request is accompanied by a certification, with respect to such provision, of the Governor that the State cannot implement such provision because of the lack of authority to do so under State law, and (2) such request fully explains the reasons why such provision cannot be implemented, and sets forth any provision of State law which impedes the implementation thereof, the Secretary shall, if he is satisfied that such a waiver is justified, grant the waiver so requested. (b) During any period with respect to which a waiver, obtained under subsection (a) with respect to section 402(a)(26)(A) of the Social Security Act, is in effect with respect to any State, the provisions of section 454 (4) and (5) of such Act shall be applied to such State in like manner as if the phrase "with respect to whom an assignment under section 402 (a) (26) of this title is effective" did not appear therein, and the provisions of section 458 of such Act shall be applied to such State in like manner as if the phrase "support rights assigned under section 402 (a) (26)" read "child support obligations". (d) The Secretary shall from time to time, submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, full and complete reports (the first of which shall not be later than September 15, 1975) regarding any requests which he has received for waivers under subsection (a) and any waivers granted by him under such subsection, and such reports shall include copies of all such requests for such waivers and any supporting documents submitted with or in connection with any such requests. SUPPORT ASSIGNMENTS BY RECIPIENTS DURING TRANSITIONAL PERIOD Sec. 203. (a) In the case of any State the law of which on August 1, 1975, meets the requirements of section 402 (a) (26) (A) of the Social Security Act, the requirements of such section shall be effective, with respect to individuals who are recipients on August 1, 1975, at such time as may be determined by the State agency, but not later than the time of the first redetermination of eligibility required after August 1, 1975, and in any event not later than February 1, 1976. (b) In the case of any State described in subsection (a), the provisions of section 454 (4) and (5) of the Social Security Act shall, during the period beginning August 1, 1975, and ending December 31, 1975, be applied, with respect to all recipients of aid under the State plan of such State (approved under part A of title IV of such Act) who have not made an assignment pursuant to section 402 (a) (26) (A) of such Act, in the case of such State in like manner as if the phrase "with respect to whom an assignment under section 402 (a)(26) of this title is effective" did not appear therein, and the provisions of section 458 of such Act shall, during such period, be applied in the case of such State in like manner as if the phrase "support rights assigned under section 402 (a) (26)" read "child support obligations". PAYMENTS TO STATES FOR CERTAIN EXPENSES INCURRED DURING JULY 1975 Sec. 206. Notwithstanding any other provision of law, amounts expended in good faith by any State (or by any of its political subdivisions) during July 1975 in employing and compensating staff personnel, leasing office space, purchasing equipment, or carrying out other organizational or administrative activities, in preparation for or implementation of the child support program under part D of title IV of the Social Security Act, shall be considered for purposes of section 455 of such Act (as amended by this Act), to the extent that payment for the activities involved would be made under such section (as so amended) if section 101 of the Social Services Amendments of 1974 had become effective on July 1, 1975, to have been expended by the State for the operation of the State plan or for the conduct of activities specified in such section (as so amended). Sec. 208. (a) PROTECTION OF CHILD'S BEST INTEREST (d) (1) The Secretary of Health, Education, and Welfare shall submit to the Congress any proposed standards authorized to be pre scribed by him under section 402(a) (26) (B) of the Social Security Act (as added by the Social Services Amendments of 1974 and as amended by subsection (a) of this section). Such standards shall take effect at the end of the period which ends 60 days after such proposed standards are so submitted to such committees unless, within such period, either House of the Congress, adopts a resolution of disapproval. (2) For purposes of this subsection, the term "resolution" means only (A) a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: "That the Congress does not approve the standards (as authorized under section 402 (a) (26) (B) of the Social Security Act) transmitted to the Congress on .", the blank space being filled with the appropriate date; and (B) a resolution of either House of the Congress, the matter after the resolving clause of which is as follows: "That the does not approve the standards (as authorized under section 402 (a) (26) (B) of the Social Security Act) transmitted to the Congress on .", with the first blank space being filled with the name of the resolving House, and the second blank space being filled with the appropriate date. (3) The provisions of subsection (b), (c), (d), (e), and (f) of section 152 of the Trade Act of 1974 shall be applicable to resolutions under this subsection, except that the "20 hours" referred to in subsections (d) (2) and (e) (2) of such section shall be deemed to read "4 hours". Excerpt From Public Law 94–164, As Amended Sec. 2. (a) (d) DISREGARD OF REFUND.-Any refund of Federal income taxes made to any individual by reason of section 43 of the Internal Revenue Code of 1954 (relating to earned income credit) shall not be taken into account as income or receipts for purposes of determining the eligibility, for the month in which such refund is made or any month thereafter of such individual or any other individual for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds, but only if such individual (or the family unit of which he is a member) is a recipient of benefits or assistance under such a program for the month before the month in which such refund is made.1 Excerpts From Public Law 94-182 PREVAILING CHARGE LEVEL FOR FISCAL YEAR 1976 Sec. 101. (a) Section 1842 (b) (3) of the Social Security Act is amended by adding at the end thereof the following new sentence: "Notwithstanding the provisions of the third and fourth sentences preceding this sentence, the prevailing charge level in the case of a physician service in a particular locality determined pursuant to such third and fourth sentences for the fiscal year beginning July 1, 1975, shall, if lower than the prevailing charge level for the fiscal year ending June 30, 1975, in the case of a similar physician service in the same locality by reason of the application of economic index data, be raised to such prevailing charge level for the fiscal year ending June 30, 1975.". (b) The amendment made by subsection (a) shall be applicable with respect to claims filed under part B of title XVIII of the Social Security Act with a carrier designated pursuant to section 1842 of such Act and processed by such carrier after the appropriate changes were made in the prevailing charge levels for the fiscal year beginning July 1, 1975, on the basis of economic index data under the third and fourth sentences of section 1842 (b)(3) of such Act; except that (1) if less than the correct amount was paid (after the application of subsection (a) of this section) on any claim processed prior to the enactment of this section, the correct amount shall be paid by such carrier at such time (not exceeding 6 months after the date of the enactment of this section) as is administratively feasible, and (2) no such payment shall be made on any claim where the difference between the amount paid and the correct amount due is less than $1. * UPDATING OF THE LIFE SAFETY REQUIREMENTS APPLICABLE TO NURSING HOMES Sec. 106. (a) Section 1861 (j) (13) of the Social Security Act is amended by striking out "(21st edition, 1967)" and inserting in lieu thereof "(23d edition, 1973)". 1 Subsection (d) was amended by section 402 of Public Law 94-455. (b) Subject to subsection (c), the amendment made by subsection (a) shall be effective on the first day of the sixth month which begins after the date of enactment of this Act.1 (c) Any institution (or part of an institution) which complied with the requirements of section 1861 (j) (13) of the Social Security Act on the day preceding the first day referred to in subsection (b) shall, so long as such compliance is maintained (either by meeting the applicable provisions of the Life Safety Code (21st edition, 1967), with or without waivers of specific provisions, or by meeting the applicable provisions of a fire and safety code imposed by State law as provided for in such section 1861 (j) (13)), be considered (for purposes of titles XVIII and XIX of such Act) to be in compliance with the requirements of such section 1861 (j) (13), as it is amended by subsection (a) of this section. GRANTS FOR CERTAIN EXPERIMENTS AND DEMONSTRATION PROJECTS Sec. 107. Nothing contained in section 222 (a) of Public Law 92-603 shall be construed to preclude or prohibit the Secretary of Health, Education, and Welfare from including in any grant otherwise authorized to be made under such section moneys which are to be used for payments, to a participant in a demonstration or experiment with respect to which the grant is made, for or on account of costs incurred or services performed by such participant for a period prior to the date that the project of such participant is placed in operation, if— (1) the applicant for such grant is a State or an agency thereof, (2) such participant is an individual practice association which has been in existence for at least 3 years prior to the date of enactment of this section and which has in effect a contract with such State (or an agency thereof), entered into prior to the date on which the grant is approved by the Secretary, under which such association will, for a period which begins before and ends after the date such grant is so approved, provide health care services for individuals entitled to care and services under the State plan of such State which is approved under title XIX of the Social Security Act, (3) the purpose of the inclusion of the project of such association is to test the utility of a particular rate-setting methodology, designed to be employed in prepaid health plans, in an individual practice association operation, and (4) the applicant for such grant affirms that the use of moneys from such grant to make such payments to such individual prac 1 Date of enactment was Dec. 31, 1975. 71-402 O 77-49 |