Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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Fabio
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---
type: "LegalText"
title: "42 U.S.C. § 1001"
description: "Basic entitlement to benefits"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "7"
chapter_name: "SOCIAL SECURITY"
section: "1001"
citation: "42 U.S.C. § 1001"
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tags: ["legal", "us-code"]
---
# 42 U.S.C. § 1001 - Basic entitlement to benefits
## Text
Every individual who is a qualified individual under section 1002 of this title shall, in accordance with and subject to the provisions of this subchapter, be entitled to a monthly benefit paid by the Commissioner of Social Security for each month after September 2000 (or such earlier month, if the Commissioner determines is administratively feasible) the individual resides outside the United States.
(Aug. 14, 1935, ch. 531, title VIII, § 801, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1844.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 1001 to 1011, act Aug. 14, 1935, ch. 531, title VIII, §§ 801811, 49 Stat. 636639, related to taxes with respect to employment. Section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1, which act enacted Title 26, Internal Revenue Code of 1939, provided that all laws and parts of laws codified into the I.R.C. 1939, to the extent that they related exclusively to internal revenue laws, were repealed. Provisions of I.R.C. 1939 were generally repealed by section 7851 of Title 26, Internal Revenue Code of 1954 (act Aug. 16, 1954, ch. 736, 68A Stat. 3). See, also, section 7807 of said Title 26, I.R.C. 1954, respecting rules in effect upon enactment of I.R.C. 1954. The I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095. The omitted sections were formerly and are now covered by certain sections in Title 26, I.R.C. 1939 and I.R.C. 1986, respectively, as follows: OmittedsectionsI.R.C. 1939I.R.C. 1986 100114003101. 100214023102. 100314013502. 100414103111. 100514116205(a), 6413(a). 100614216205(b), 6413(b). 10071420, 14303501. 100814297805(a), (c). 10091423, 14246801 et seq. 101014257208(1), 7209. 1011 (as amended Aug. 10, 1939, ch. 666, title IX, § 905(a), 53 Stat. 1400)14263121, 7701(a)(1). Section 1001 related to income tax on employees. Section 1002 related to deduction of tax from wages. Section 1003 related to deductibility from income taxes. Section 1004 related to excise tax on employers. Section 1005 related to adjustment of employers tax. Section 1006 related to refunds and deficiencies. Section 1007 related to collection and payment of taxes. Section 1008 related to rules and regulations. Section 1009 related to sale by postmasters of stamps or other devices for collection or payment of tax. Section 1010 related to penalties. Section 1011 related to definitions.
@@ -0,0 +1,59 @@
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type: "LegalText"
title: "42 U.S.C. § 1002"
description: "Qualified individuals"
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kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "7"
chapter_name: "SOCIAL SECURITY"
section: "1002"
citation: "42 U.S.C. § 1002"
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---
# 42 U.S.C. § 1002 - Qualified individuals
## Text
Except as otherwise provided in this subchapter, an individual—
(1) who has attained the age of 65 on or before December 14, 1999;
(2) who is a World War II veteran;
(3) who is eligible for a supplemental security income benefit under subchapter XVI for—
(A) the month in which this subchapter is enacted; and
(B) the month in which the individual files an application for benefits under this subchapter;
(4) whose total benefit income is less than 75 percent of the Federal benefit rate under subchapter XVI;
(5) who has filed an application for benefits under this subchapter; and
(6) who is in compliance with all requirements imposed by the Commissioner of Social Security under this subchapter,
shall be a qualified individual for purposes of this subchapter.
(Aug. 14, 1935, ch. 531, title VIII, § 802, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1844.)
## Notes
Editorial Notes
Prior ProvisionsFor prior provisions, see note set out under section 1001 of this title.
@@ -0,0 +1,41 @@
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title: "42 U.S.C. § 1003"
description: "Residence outside the United States"
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "7"
chapter_name: "SOCIAL SECURITY"
section: "1003"
citation: "42 U.S.C. § 1003"
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---
# 42 U.S.C. § 1003 - Residence outside the United States
## Text
For purposes of section 1001 of this title, with respect to any month, an individual shall be regarded as residing outside the United States if, on the first day of the month, the individual so resides outside the United States.
(Aug. 14, 1935, ch. 531, title VIII, § 803, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1845.)
## Notes
Editorial Notes
Prior ProvisionsFor prior provisions, see note set out under section 1001 of this title.
@@ -0,0 +1,57 @@
---
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title: "42 U.S.C. § 1004"
description: "Disqualifications"
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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chapter_name: "SOCIAL SECURITY"
section: "1004"
citation: "42 U.S.C. § 1004"
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# 42 U.S.C. § 1004 - Disqualifications
## Text
(a) In general Notwithstanding section 1002 of this title, an individual may not be a qualified individual for any month—
(1) that begins after the month in which the Commissioner of Social Security is notified by the Attorney General that the individual has been removed from the United States pursuant to section 1227(a) or 1182(a)(6)(A) of title 8 and before the month in which the individual is lawfully admitted to the United States for permanent residence;
(2) during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the United States or the jurisdiction within the United States from which the person has fled, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which the individual has fled, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed;
(3) during any part of which the individual violates a condition of probation or parole imposed under Federal or State law; or
(4) during which the individual resides in a foreign country and is not a citizen or national of the United States if payments for such month to individuals residing in such country are withheld by the Treasury Department under section 3329 of title 31.
(b) Requirement for Attorney General For the purpose of carrying out subsection (a)(1), the Attorney General shall notify the Commissioner of Social Security as soon as practicable after the removal of any individual under section 1227(a) or 1182(a)(6)(A) of title 8.
(Aug. 14, 1935, ch. 531, title VIII, § 804, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1845; amended Pub. L. 108203, title II, § 203(c), Mar. 2, 2004, 118 Stat. 511.)
## Notes
Editorial Notes
Prior ProvisionsFor prior provisions, see note set out under section 1001 of this title.
Amendments2004—Subsec. (a)(2). Pub. L. 108203 substituted “or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed” for “or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentAmendment by Pub. L. 108203 effective on the first day of the first month that begins on or after the date that is 9 months after Mar. 2, 2004, see section 203(d) of Pub. L. 108203, set out as a note under section 402 of this title.
@@ -0,0 +1,41 @@
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type: "LegalText"
title: "42 U.S.C. § 1005"
description: "Benefit amount"
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "7"
chapter_name: "SOCIAL SECURITY"
section: "1005"
citation: "42 U.S.C. § 1005"
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---
# 42 U.S.C. § 1005 - Benefit amount
## Text
The benefit under this subchapter payable to a qualified individual for any month shall be in an amount equal to 75 percent of the Federal benefit rate under subchapter XVI for the month, reduced by the amount of the qualified individuals benefit income for the month.
(Aug. 14, 1935, ch. 531, title VIII, § 805, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1845.)
## Notes
Editorial Notes
Prior ProvisionsFor prior provisions, see note set out under section 1001 of this title.
@@ -0,0 +1,43 @@
---
type: "LegalText"
title: "42 U.S.C. § 1006"
description: "Applications and furnishing of information"
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kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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# 42 U.S.C. § 1006 - Applications and furnishing of information
## Text
(a) In general The Commissioner of Social Security shall, subject to subsection (b), prescribe such requirements with respect to the filing of applications, the furnishing of information and other material, and the reporting of events and changes in circumstances, as may be necessary for the effective and efficient administration of this subchapter.
(b) Verification requirement The requirements prescribed by the Commissioner of Social Security under subsection (a) shall preclude any determination of entitlement to benefits under this subchapter solely on the basis of declarations by the individual concerning qualifications or other material facts, and shall provide for verification of material information from independent or collateral sources, and the procurement of additional information as necessary in order to ensure that the benefits are provided only to qualified individuals (or their representative payees) in correct amounts.
(Aug. 14, 1935, ch. 531, title VIII, § 806, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1846.)
## Notes
Editorial Notes
Prior ProvisionsFor prior provisions, see note set out under section 1001 of this title.
@@ -0,0 +1,247 @@
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type: "LegalText"
title: "42 U.S.C. § 1007"
description: "Representative payees"
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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---
# 42 U.S.C. § 1007 - Representative payees
## Text
(a) In general If the Commissioner of Social Security determines that the interest of any qualified individual under this subchapter would be served thereby, payment of the qualified individuals benefit under this subchapter may be made, regardless of the legal competency or incompetency of the qualified individual, either directly to the qualified individual, or for his or her use and benefit, to another person (the meaning of which term, for purposes of this section, includes an organization) with respect to whom the requirements of subsection (b) have been met (in this section referred to as the qualified individuals “representative payee”). If the Commissioner of Social Security determines that a representative payee has misused any benefit paid to the representative payee pursuant to this section, 405(j) of this title, or section 1383(a)(2) of this title, the Commissioner of Social Security shall promptly revoke the persons designation as the qualified individuals representative payee under this subsection, and shall make payment to an alternative representative payee or, if the interest of the qualified individual under this subchapter would be served thereby, to the qualified individual.
(b) Examination of fitness of prospective representative payee (1) Any determination under subsection (a) to pay the benefits of a qualified individual to a representative payee shall be made on the basis of—
(A) an investigation by the Commissioner of Social Security of the person to serve as representative payee, which shall be conducted in advance of the determination and shall, to the extent practicable, include a face-to-face interview with the person (or, in the case of an organization, a representative of the organization); and
(B) adequate evidence that the arrangement is in the interest of the qualified individual.
(2) As part of the investigation referred to in paragraph (1), the Commissioner of Social Security shall—
(A) require the person being investigated to submit documented proof of the identity of the person;
(B) in the case of a person who has a social security account number issued for purposes of the program under subchapter II or an employer identification number issued for purposes of the Internal Revenue Code of 1986, verify the number;
(C) determine whether the person has been convicted of a violation of section 408, 1011, or 1383a of this title;
(D) obtain information concerning whether such person has been convicted of any other offense under Federal or State law which resulted in imprisonment for more than 1 year;
(E) obtain information concerning whether such person is a person described in section 1004(a)(2) of this title;
(F) determine whether payment of benefits to the person in the capacity as representative payee has been revoked or terminated pursuant to this section, section 405(j) of this title, or section 1383(a)(2)(A)(iii) of this title by reason of misuse of funds paid as benefits under this subchapter, subchapter II, or XVI, respectively, and
(G) determine whether such person has been convicted (and not subsequently exonerated), under Federal or State law, of a felony provided under paragraph (4), or of an attempt or a conspiracy to commit such a felony.
(3) Notwithstanding the provisions of section 552a of title 5 or any other provision of Federal or State law (other than section 6103 of the Internal Revenue Code of 1986 and section 1306(c) of this title), the Commissioner shall furnish any Federal, State, or local law enforcement officer, upon the written request of the officer, with the current address, social security account number, and photograph (if applicable) of any person investigated under this subsection, if the officer furnishes the Commissioner with the name of such person and such other identifying information as may reasonably be required by the Commissioner to establish the unique identity of such person, and notifies the Commissioner that—
(A) such person is described in section 1004(a)(2) of this title,
(B) such person has information that is necessary for the officer to conduct the officers official duties, and
(C) the location or apprehension of such person is within the officers official duties.
(4) The felony crimes provided under this paragraph, whether an offense under State or Federal law, are the following:
(A) Human trafficking, including as prohibited under sections 1590 and 1591 of title 18.
(B) False imprisonment, including as prohibited under section 1201 of title 18.
(C) Kidnapping, including as prohibited under section 1201 of title 18.
(D) Rape and sexual assault, including as prohibited under sections 2241, 2242, 2243, and 2244 of title 18.
(E) First-degree homicide, including as prohibited under section 1111 of title 18.
(F) Robbery, including as prohibited under section 2111 of title 18.
(G) Fraud to obtain access to government assistance, including as prohibited under sections 287, 1001, and 1343 of title 18.
(H) Fraud by scheme, including as prohibited under section 1343 of title 18.
(I) Theft of government funds or property, including as prohibited under section 641 of title 18.
(J) Abuse or neglect, including as prohibited under sections 111, 113, 114, 115, 116, or 117 of title 18.
(K) Forgery, including as prohibited under section 642 and chapter 25 (except section 512) of title 18.
(L) Identity theft or identity fraud, including as prohibited under sections 1028 and 1028A of title 18.
The Commissioner of Social Security may promulgate regulations to provide for additional felony crimes under this clause.
(5) (A) For the purpose of carrying out the activities required under paragraph (2) as part of the investigation under paragraph (1)(A), the Commissioner may conduct a background check of any individual seeking to serve as a representative payee under this subsection and may disqualify from service as a representative payee any such individual who fails to grant permission for the Commissioner to conduct such a background check.
(B) The Commissioner may revoke certification of payment of benefits under this subsection to any individual serving as a representative payee on or after January 1, 2019 who fails to grant permission for the Commissioner to conduct such a background check.
(c) Requirement for maintaining lists of undesirable payees The Commissioner of Social Security shall establish and maintain lists which shall be updated periodically and which shall be in a form that renders such lists available to the servicing offices of the Social Security Administration. The lists shall consist of—
(1) the names and (if issued) social security account numbers or employer identification numbers of all persons with respect to whom, in the capacity of representative payee, the payment of benefits has been revoked or terminated under this section, section 405(j) of this title, or section 1383(a)(2)(A)(iii) of this title by reason of misuse of funds paid as benefits under this subchapter, subchapter II, or XVI, respectively; and
(2) the names and (if issued) social security account numbers or employer identification numbers of all persons who have been convicted of a violation of section 408, 1011, or 1383a of this title.
(d) Persons ineligible to serve as representative payees (1) In general The benefits of a qualified individual may not be paid to any other person pursuant to this section if—
(A) the person has been convicted of a violation of section 408, 1011, or 1383a of this title;
(B) except as provided in paragraph (2), payment of benefits to the person in the capacity of representative payee has been revoked or terminated under this section, section 405(j) of this title, or section 1383(a)(2)(A)(ii) 11 So in original. Probably should be “1383(a)(2)(A)(iii)”. of this title by reason of misuse of funds paid as benefits under this subchapter, subchapter II, or subchapter XVI, respectively;
(C) except as provided in paragraph (2)(B), the person is a creditor of the qualified individual and provides the qualified individual with goods or services for consideration;
(D) such person has previously been convicted as described in subsection (b)(2)(D), unless the Commissioner determines that such payment would be appropriate notwithstanding such conviction;
(E) such person is a person described in section 1004(a)(2) of this title,
(F) except as provided in paragraph (2)(D), such person has previously been convicted (and not subsequently exonerated) as described in subsection (b)(2)(G), or
(G) such persons benefits under this subchapter, subchapter II, or subchapter XVI are certified for payment to a representative payee during the period for which the individuals benefits would be certified for payment to another person.
(2) Exemptions (A) The Commissioner of Social Security may prescribe circumstances under which the Commissioner of Social Security may grant an exemption from paragraph (1) to any person on a case-by-case basis if the exemption is in the best interest of the qualified individual whose benefits would be paid to the person pursuant to this section.
(B) Paragraph (1)(C) shall not apply with respect to any person who is a creditor referred to in such paragraph if the creditor is—
(i) a relative of the qualified individual and the relative resides in the same household as the qualified individual;
(ii) a legal guardian or legal representative of the individual;
(iii) a facility that is licensed or certified as a care facility under the law of the political jurisdiction in which the qualified individual resides;
(iv) a person who is an administrator, owner, or employee of a facility referred to in clause (iii), if the qualified individual resides in the facility, and the payment to the facility or the person is made only after the Commissioner of Social Security has made a good faith effort to locate an alternative representative payee to whom payment would serve the best interests of the qualified individual; or
(v) a person who is determined by the Commissioner of Social Security, on the basis of written findings and pursuant to procedures prescribed by the Commissioner of Social Security, to be acceptable to serve as a representative payee.
(C) The procedures referred to in subparagraph (B)(v) shall require the person who will serve as representative payee to establish, to the satisfaction of the Commissioner of Social Security, that—
(i) the person poses no risk to the qualified individual;
(ii) the financial relationship of the person to the qualified individual poses no substantial conflict of interest; and
(iii) no other more suitable representative payee can be found.
(D) (i) With respect to any person described in clause (II)—
(I) subsection (b)(2)(G) shall not apply; and
(II) the Commissioner may grant an exemption from the provisions of paragraph (1)(F) if the Commissioner determines that such exemption is in the best interest of the individual entitled to benefits.
(ii) A person is described in this clause if the person—
(I) is the custodial spouse of the beneficiary for whom the person applies to serve;
(II) is the custodial court appointed guardian of the beneficiary for whom the person applies to serve; or
(III) received a presidential or gubernatorial pardon for the relevant conviction.
(e) Deferral of payment pending appointment of representative payee (1) In general Subject to paragraph (2), if the Commissioner of Social Security makes a determination described in the first sentence of subsection (a) with respect to any qualified individuals benefit and determines that direct payment of the benefit to the qualified individual would cause substantial harm to the qualified individual, the Commissioner of Social Security may defer (in the case of initial entitlement) or suspend (in the case of existing entitlement) direct payment of the benefit to the qualified individual, until such time as the selection of a representative payee is made pursuant to this section.
(2) Time limitation (A) In general Except as provided in subparagraph (B), any deferral or suspension of direct payment of a benefit pursuant to paragraph (1) shall be for a period of not more than 1 month.
(B) Exception in the case of incompetency Subparagraph (A) shall not apply in any case in which the qualified individual is, as of the date of the Commissioner of Social Securitys determination, legally incompetent under the laws of the jurisdiction in which the individual resides.
(3) Payment of retroactive benefits Payment of any benefits which are deferred or suspended pending the selection of a representative payee shall be made to the qualified individual or the representative payee as a single sum or over such period of time as the Commissioner of Social Security determines is in the best interest of the qualified individual.
(f) Hearing Any qualified individual who is dissatisfied with a determination by the Commissioner of Social Security to make payment of the qualified individuals benefit to a representative payee under subsection (a) of this section or with the designation of a particular person to serve as representative payee shall be entitled to a hearing by the Commissioner of Social Security to the same extent as is provided in section 1009(a) of this title, and to judicial review of the Commissioner of Social Securitys final decision as is provided in section 1009(b) of this title.
(g) Notice requirements (1) In general In advance, to the extent practicable, of the payment of a qualified individuals benefit to a representative payee under subsection (a), the Commissioner of Social Security shall provide written notice of the Commissioners initial determination to so make the payment. The notice shall be provided to the qualified individual, except that, if the qualified individual is legally incompetent, then the notice shall be provided solely to the legal guardian or legal representative of the qualified individual.
(2) Specific requirements Any notice required by paragraph (1) shall be clearly written in language that is easily understandable to the reader, shall identify the person to be designated as the qualified individuals representative payee, and shall explain to the reader the right under subsection (f) of the qualified individual or of the qualified individuals legal guardian or legal representative—
(A) to appeal a determination that a representative payee is necessary for the qualified individual;
(B) to appeal the designation of a particular person to serve as the representative payee of the qualified individual; and
(C) to review the evidence upon which the designation is based and to submit additional evidence.
(h) Accountability monitoring (1) In general In any case where payment under this subchapter is made to a person other than the qualified individual entitled to the payment, the Commissioner of Social Security shall establish a system of accountability monitoring under which the person shall report not less often than annually with respect to the use of the payments. The Commissioner of Social Security shall establish and implement statistically valid procedures for reviewing the reports in order to identify instances in which persons are not properly using the payments.
(2) Special reports Notwithstanding paragraph (1), the Commissioner of Social Security may require a report at any time from any person receiving payments on behalf of a qualified individual, if the Commissioner of Social Security has reason to believe that the person receiving the payments is misusing the payments.
(3) Eligibility for exemption (A) Paragraph (1) shall not apply in any case where the other person to whom such payment is made is the spouse of the individual entitled to such payment.
(B) The Commissioner of Social Security shall establish and implement procedures as necessary for the Commissioner to determine the eligibility of such parties for the exemption provided in subparagraph (A). The Commissioner shall prescribe such regulations as may be necessary to determine eligibility for such exemption.
(4) Authority to redirect delivery of benefit payments when a representative payee fails to provide required accounting In any case in which the person described in paragraph (1) or (2) receiving benefit payments on behalf of a qualified individual fails to submit a report required by the Commissioner of Social Security under paragraph (1) or (2), the Commissioner may, after furnishing notice to such person and the qualified individual, require that such person appear in person at a United States Government facility designated by the Social Security Administration as serving the area in which the qualified individual resides in order to receive such benefit payments.
(5) Maintaining lists of payees The Commissioner of Social Security shall maintain lists which shall be updated periodically of—
(A) the name, address, and (if issued) the social security account number or employer identification number of each representative payee who is receiving benefit payments pursuant to this section, section 405(j) of this title, or section 1383(a)(2) of this title; and
(B) the name, address, and social security account number of each individual for whom each representative payee is reported to be providing services as representative payee pursuant to this section, section 405(j) of this title, or section 1383(a)(2) of this title.
(6) Maintaining lists of agencies The Commissioner of Social Security shall maintain lists, which shall be updated periodically, of public agencies and community-based nonprofit social service agencies which are qualified to serve as representative payees pursuant to this section and which are located in the jurisdiction in which any qualified individual resides.
(i) Restitution In any case where the negligent failure of the Commissioner of Social Security to investigate or monitor a representative payee results in misuse of benefits by the representative payee, the Commissioner of Social Security shall make payment to the qualified individual or the individuals alternative representative payee of an amount equal to the misused benefits. In any case in which a representative payee that—
(A) is not an individual; or
(B) is an individual who, for any month during a period when misuse occurs, serves 15 or more individuals who are beneficiaries under this subchapter, subchapter II, subchapter XVI, or any combination of such subchapters;
misuses all or part of an individuals benefit paid to such representative payee, the Commissioner of Social Security shall pay to the beneficiary or the beneficiarys alternative representative payee an amount equal to the amount of such benefit so misused. The provisions of this paragraph are subject to the limitations of subsection (l)(2). The Commissioner of Social Security shall make a good faith effort to obtain restitution from the terminated representative payee.
(j) Misuse of benefits For purposes of this subchapter, misuse of benefits by a representative payee occurs in any case in which the representative payee receives payment under this subchapter for the use and benefit of another person under this subchapter and converts such payment, or any part thereof, to a use other than for the use and benefit of such person. The Commissioner of Social Security may prescribe by regulation the meaning of the term “use and benefit” for purposes of this subsection.
(k) Periodic onsite review (1) In general In addition to such other reviews of representative payees as the Commissioner of Social Security may otherwise conduct, the Commissioner may provide for the periodic onsite review of any person or agency that receives the benefits payable under this subchapter (alone or in combination with benefits payable under subchapter II or subchapter XVI) to another individual pursuant to the appointment of such person or agency as a representative payee under this section, section 405(j) of this title, or section 1383(a)(2) of this title in any case in which—
(A) the representative payee is a person who serves in that capacity with respect to 15 or more such individuals; or
(B) the representative payee is an agency that serves in that capacity with respect to 50 or more such individuals.
(2) Report Within 120 days after the end of each fiscal year, the Commissioner shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the results of periodic onsite reviews conducted during the fiscal year pursuant to paragraph (1) and of any other reviews of representative payees conducted during such fiscal year in connection with benefits under this subchapter. Each such report shall describe in detail all problems identified in such reviews and any corrective action taken or planned to be taken to correct such problems, and shall include—
(A) the number of such reviews;
(B) the results of such reviews;
(C) the number of cases in which the representative payee was changed and why;
(D) the number of cases involving the exercise of expedited, targeted oversight of the representative payee by the Commissioner conducted upon receipt of an allegation of misuse of funds, failure to pay a vendor, or a similar irregularity;
(E) the number of cases discovered in which there was a misuse of funds;
(F) how any such cases of misuse of funds were dealt with by the Commissioner;
(G) the final disposition of such cases of misuse of funds, including any criminal penalties imposed; and
(H) such other information as the Commissioner deems appropriate.
(l) Liability for misused amounts (1) In general If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a Federal, State, or local government agency has misused all or part of a qualified individuals benefit that was paid to such representative payee under this section, the representative payee shall be liable for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this subchapter to the representative payee for all purposes of this chapter and related laws pertaining to the recovery of such overpayments. Subject to paragraph (2), upon recovering all or any part of such amount, the Commissioner shall make payment of an amount equal to the recovered amount to such qualified individual or such qualified individuals alternative representative payee.
(2) Limitation The total of the amount paid to such individual or such individuals alternative representative payee under paragraph (1) and the amount paid under subsection (i) may not exceed the total benefit amount misused by the representative payee with respect to such individual.
(Aug. 14, 1935, ch. 531, title VIII, § 807, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1846; amended Pub. L. 108203, title I, §§ 101(b), 102(b)(2), 103(b), 105(b), 106(b), Mar. 2, 2004, 118 Stat. 495, 499, 501, 504, 506; Pub. L. 115165, title I, § 102(b), title II, §§ 202(b), 203(b), Apr. 13, 2018, 132 Stat. 1260, 1268, 1272.)
## Notes
Editorial Notes
References in TextThe Internal Revenue Code of 1986, referred to in subsec. (b)(2)(B), (3), is classified generally to Title 26, Internal Revenue Code.
Prior ProvisionsFor prior provisions, see note set out under section 1001 of this title.
Amendments2018—Subsec. (b)(2)(G). Pub. L. 115165, § 202(b)(1)(A), added subpar. (G). Subsec. (b)(4), (5). Pub. L. 115165, § 202(b)(1)(B), added pars. (4) and (5). Subsec. (d)(1)(F). Pub. L. 115165, § 202(b)(2)(A), added subpar. (F). Subsec. (d)(1)(G). Pub. L. 115165, § 203(b), added subpar. (G). Subsec. (d)(2)(D). Pub. L. 115165, § 202(b)(2)(B), added subpar. (D). Subsec. (h)(3) to (6). Pub. L. 115165, § 102(b), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively. 2004—Subsec. (a). Pub. L. 108203, § 101(b)(3), substituted “for his or her use and benefit” for “for his or her benefit”. Subsec. (b)(2)(D) to (F). Pub. L. 108203, § 103(b)(1), added subpars. (D) and (E) and redesignated former subpar. (D) as (F). Subsec. (b)(3). Pub. L. 108203, § 103(b)(2), added par. (3). Subsec. (d)(1)(D), (E). Pub. L. 108203, § 103(b)(3), added subpars. (D) and (E). Subsec. (h)(3) to (5). Pub. L. 108203, § 106(b), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Subsec. (i). Pub. L. 108203, § 101(b)(1), inserted second and third sentences. Subsec. (j). Pub. L. 108203, § 101(b)(2), added subsec. (j). Subsec. (k). Pub. L. 108203, § 102(b)(2), added subsec. (k). Subsec. (l). Pub. L. 108203, § 105(b), added subsec. (l).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by section 202(b) of Pub. L. 115165 applicable to any individual appointed to serve as a representative payee pursuant to this section on or after Jan. 1, 2019, subject to provisions relating to prior appointments, see section 202(d) of Pub. L. 115165, set out as a note under section 405 of this title. Amendment by section 203(b) of Pub. L. 115165 applicable to any individual appointed to serve as a representative payee under this subchapter on or after Jan. 1, 2019, with provisions relating to prior appointments, see section 203(d) of Pub. L. 115165, set out as a note under section 405 of this title.
Effective Date of 2004 AmendmentAmendment by section 101(b) of Pub. L. 108203 applicable to any case of benefit misuse by a representative payee with respect to which the Commissioner of Social Security makes the determination of misuse on or after Jan. 1, 1995, see section 101(d) of Pub. L. 108203, set out as a note under section 405 of this title. Amendment by section 103(b) of Pub. L. 108203 effective on the first day of the thirteenth month beginning after Mar. 2, 2004, see section 103(d) of Pub. L. 108203, set out as a note under section 405 of this title. Amendment by section 105(b) of Pub. L. 108203 applicable to benefit misuse by a representative payee in any case with respect to which the Commissioner of Social Security or a court of competent jurisdiction makes the determination of misuse after 180 days after Mar. 2, 2004, see section 105(d) of Pub. L. 108203, set out as a note under section 405 of this title. Amendment by section 106(b) of Pub. L. 108203 effective 180 days after Mar. 2, 2004, see section 106(d) of Pub. L. 108203, set out as a note under section 405 of this title.
@@ -0,0 +1,69 @@
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# 42 U.S.C. § 1008 - Overpayments and underpayments
## Text
(a) In general Whenever the Commissioner of Social Security finds that more or less than the correct amount of payment has been made to any person under this subchapter, proper adjustment or recovery shall be made, as follows:
(1) With respect to payment to a person of more than the correct amount, the Commissioner of Social Security shall decrease any payment under this subchapter to which the overpaid person (if a qualified individual) is entitled, or shall require the overpaid person or his or her estate to refund the amount in excess of the correct amount, or, if recovery is not obtained under these two methods, shall seek or pursue recovery by means of reduction in tax refunds based on notice to the Secretary of the Treasury, as authorized under section 3720A of title 31.
(2) With respect to payment of less than the correct amount to a qualified individual who, at the time the Commissioner of Social Security is prepared to take action with respect to the underpayment—
(A) is living, the Commissioner of Social Security shall make payment to the qualified individual (or the qualified individuals representative payee designated under section 1007 of this title) of the balance of the amount due the underpaid qualified individual; or
(B) is deceased, the balance of the amount due shall revert to the general fund of the Treasury.
(b) Waiver of recovery of overpayment In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person who is without fault if the Commissioner of Social Security determines that the adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
(c) Limited immunity for disbursing officers A disbursing officer may not be held liable for any amount paid by the officer if the adjustment or recovery of the amount is waived under subsection (b), or adjustment under subsection (a) is not completed before the death of the qualified individual against whose benefits deductions are authorized.
(d) Authorized collection practices (1) In general With respect to any delinquent amount, the Commissioner of Social Security may use the collection practices described in sections 3711(e), 3716, and 3718 of title 31, as in effect on October 1, 1994.
(2) Definition For purposes of paragraph (1), the term “delinquent amount” means an amount—
(A) in excess of the correct amount of the payment under this subchapter; and
(B) determined by the Commissioner of Social Security to be otherwise unrecoverable under this section from a person who is not a qualified individual under this subchapter.
(e) Cross-program recovery of overpayments For provisions relating to the cross-program recovery of overpayments made under programs administered by the Commissioner of Social Security, see section 1320b17 of this title.
(Aug. 14, 1935, ch. 531, title VIII, § 808, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1850; amended Pub. L. 108203, title II, § 210(b)(2), Mar. 2, 2004, 118 Stat. 517.)
## Notes
Editorial Notes
Prior ProvisionsFor prior provisions, see note set out under section 1001 of this title.
Amendments2004—Subsec. (a)(1). Pub. L. 108203, § 210(b)(2)(A), substituted “any payment” for “any payment—”, struck out “(A)” before “under this subchapter”, substituted “section 3720A of title 31.” for “section 3720A of title 31; or”, and struck out subpar. (B) which read as follows: “under subchapter II of this chapter to recover the amount in excess of the correct amount, if the person is not currently eligible for payment under this subchapter.” Subsecs. (b) to (d). Pub. L. 108203, § 210(b)(2)(B), redesignated subsecs. (c) to (e) as (b) to (d), respectively, and struck out heading and text of subsec. (b). Text read as follows: “In any case in which the Commissioner of Social Security takes action in accordance with subsection (a)(1)(B) of this section to recover an amount incorrectly paid to an individual, that individual shall not, as a result of such action— “(1) become qualified for benefits under this subchapter; or “(2) if such individual is otherwise so qualified, become qualified for increased benefits under this subchapter.” Subsec. (e). Pub. L. 108203, § 210(b)(2)(B), (C), added subsec. (e) and redesignated former subsec. (e) as (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentAmendment by Pub. L. 108203 effective Mar. 2, 2004, and effective with respect to overpayments under subchapters II, VIII, and XVI of this chapter that are outstanding on or after such date, see section 210(c) of Pub. L. 108203, set out as a note under section 404 of this title.
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# 42 U.S.C. § 1009 - Hearings and review
## Text
(a) Hearings (1) In general The Commissioner of Social Security shall make findings of fact and decisions as to the rights of any individual applying for payment under this subchapter. The Commissioner of Social Security shall provide reasonable notice and opportunity for a hearing to any individual who is or claims to be a qualified individual and is in disagreement with any determination under this subchapter with respect to entitlement to, or the amount of, benefits under this subchapter, if the individual requests a hearing on the matter in disagreement within 60 days after notice of the determination is received, and, if a hearing is held, shall, on the basis of evidence adduced at the hearing affirm, modify, or reverse the Commissioner of Social Securitys findings of fact and the decision. The Commissioner of Social Security may, on the Commissioner of Social Securitys own motion, hold such hearings and conduct such investigations and other proceedings as the Commissioner of Social Security deems necessary or proper for the administration of this subchapter. In the course of any hearing, investigation, or other proceeding, the Commissioner may administer oaths and affirmations, examine witnesses, and receive evidence. Evidence may be received at any hearing before the Commissioner of Social Security even though inadmissible under the rules of evidence applicable to court procedure. The Commissioner of Social Security shall specifically take into account any physical, mental, educational, or linguistic limitation of the individual (including any lack of facility with the English language) in determining, with respect to the entitlement of the individual for benefits under this subchapter, whether the individual acted in good faith or was at fault, and in determining fraud, deception, or intent.
(2) Effect of failure to timely request review A failure to timely request review of an initial adverse determination with respect to an application for any payment under this subchapter or an adverse determination on reconsideration of such an initial determination shall not serve as a basis for denial of a subsequent application for any payment under this subchapter if the applicant demonstrates that the applicant failed to so request such a review acting in good faith reliance upon incorrect, incomplete, or misleading information, relating to the consequences of reapplying for payments in lieu of seeking review of an adverse determination, provided by any officer or employee of the Social Security Administration.
(3) Notice requirements In any notice of an adverse determination with respect to which a review may be requested under paragraph (1), the Commissioner of Social Security shall describe in clear and specific language the effect on possible entitlement to benefits under this subchapter of choosing to reapply in lieu of requesting review of the determination.
(b) Judicial review The final determination of the Commissioner of Social Security after a hearing under subsection (a)(1) shall be subject to judicial review as provided in section 405(g) of this title to the same extent as the Commissioner of Social Securitys final determinations under section 405 of this title.
(Aug. 14, 1935, ch. 531, title VIII, § 809, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1851.)
## Notes
Editorial Notes
Prior ProvisionsFor prior provisions, see note set out under section 1001 of this title.
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# 42 U.S.C. § 1010 - Other administrative provisions
## Text
(a) Regulations and administrative arrangements The Commissioner of Social Security may prescribe such regulations, and make such administrative and other arrangements, as may be necessary or appropriate to carry out this subchapter.
(b) Payment of benefits Benefits under this subchapter shall be paid at such time or times and in such installments as the Commissioner of Social Security determines are in the interests of economy and efficiency.
(c) Entitlement redeterminations An individuals entitlement to benefits under this subchapter, and the amount of the benefits, may be redetermined at such time or times as the Commissioner of Social Security determines to be appropriate.
(d) Suspension and termination of benefits Regulations prescribed by the Commissioner of Social Security under subsection (a) may provide for the suspension and termination of entitlement to benefits under this subchapter as the Commissioner determines is appropriate.
(Aug. 14, 1935, ch. 531, title VIII, § 810, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1852.)
## Notes
Editorial Notes
Prior ProvisionsFor prior provisions, see note set out under section 1001 of this title.
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# 42 U.S.C. § 1010a - Optional Federal administration of State recognition payments
## Text
(a) In general The Commissioner of Social Security may enter into an agreement with any State (or political subdivision thereof) that provides cash payments on a regular basis to individuals entitled to benefits under this subchapter under which the Commissioner of Social Security shall make such payments on behalf of such State (or subdivision).
(b) Agreement terms (1) In general Such agreement shall include such terms as the Commissioner of Social Security finds necessary to achieve efficient and effective administration of both this subchapter and the State program.
(2) Financial terms Such agreement shall provide for the State to pay the Commissioner of Social Security, at such times and in such installments as the parties may specify—
(A) an amount equal to the expenditures made by the Commissioner of Social Security pursuant to such agreement as payments to individuals on behalf of such State; and
(B) an administration fee to reimburse the administrative expenses incurred by the Commissioner of Social Security in making payments to individuals on behalf of the State.
(c) Special disposition of administration fees Administration fees, upon collection, shall be credited to a special fund established in the Treasury of the United States for State recognition payments for certain World War II veterans. The amounts so credited, to the extent and in the amounts provided in advance in appropriations Acts, shall be available to defray expenses incurred in carrying out this subchapter.
(Aug. 14, 1935, ch. 531, title VIII, § 810A, as added Pub. L. 106554, § 1(a)(1) [title V, § 518(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A73.)
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# 42 U.S.C. § 1011 - Penalties for fraud
## Text
(a) In general Whoever—
(1) knowingly and willfully makes or causes to be made any false statement or representation of a material fact in an application for benefits under this subchapter;
(2) at any time knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining any right to the benefits;
(3) having knowledge of the occurrence of any event affecting—
(A) his or her initial or continued right to the benefits; or
(B) the initial or continued right to the benefits of any other individual in whose behalf he or she has applied for or is receiving the benefit,
conceals or fails to disclose the event with an intent fraudulently to secure the benefit either in a greater amount or quantity than is due or when no such benefit is authorized;
(4) having made application to receive any such benefit for the use and benefit of another and having received it, knowingly and willfully converts the benefit or any part thereof to a use other than for the use and benefit of the other individual; or
(5) conspires to commit any offense described in any of paragraphs (1) through (3),
shall be fined under title 18, imprisoned not more than 5 years, or both, except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this subchapter (including a claimant representative, translator, or current or former employee of the Social Security Administration), or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, or imprisoned for not more than ten years, or both.
(b) Court order for restitution (1) In general Any Federal court, when sentencing a defendant convicted of an offense under subsection (a), may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to the Commissioner of Social Security, in any case in which such offense results in—
(A) the Commissioner of Social Security making a benefit payment that should not have been made, or
(B) an individual suffering a financial loss due to the defendants violation of subsection (a) in his or her capacity as the individuals representative payee appointed pursuant to section 1007(i) of this title.
(2) Related provisions Sections 3612, 3663, and 3664 of title 18 shall apply with respect to the issuance and enforcement of orders of restitution under this subsection. In so applying such sections, the Commissioner of Social Security shall be considered the victim.
(3) Stated reasons for not ordering restitution If the court does not order restitution, or orders only partial restitution, under this subsection, the court shall state on the record the reasons therefor.
(4) Receipt of restitution payments (A) In general Except as provided in subparagraph (B), funds paid to the Commissioner of Social Security as restitution pursuant to a court order shall be deposited as miscellaneous receipts in the general fund of the Treasury.
(B) Payment to the individual In the case of funds paid to the Commissioner of Social Security pursuant to paragraph (1)(B), the Commissioner of Social Security shall certify for payment to the individual described in such paragraph an amount equal to the lesser of the amount of the funds so paid or the individuals outstanding financial loss as described in such paragraph, except that such amount may be reduced by any overpayment of benefits owed under this subchapter, subchapter II, or subchapter XVI by the individual.
(Aug. 14, 1935, ch. 531, title VIII, § 811, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1852; amended Pub. L. 108203, title II, § 209(b), Mar. 2, 2004, 118 Stat. 514; Pub. L. 11474, title VIII, § 813(a)(2), (b)(2), Nov. 2, 2015, 129 Stat. 602, 603.)
## Notes
Editorial Notes
Prior ProvisionsFor prior provisions, see note set out under section 1001 of this title.
Amendments2015—Subsec. (a). Pub. L. 11474, § 813(b)(2), inserted before period at end of concluding provisions “, except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this subchapter (including a claimant representative, translator, or current or former employee of the Social Security Administration), or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, or imprisoned for not more than ten years, or both”. Subsec. (a)(5). Pub. L. 11474, § 813(a)(2), added par. (5). 2004—Subsec. (b). Pub. L. 108203 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “If a person or organization violates subsection (a) of this section in the persons or organizations role as, or in applying to become, a representative payee under section 1007 of this title on behalf of a qualified individual, and the violation includes a willful misuse of funds by the person or entity, the court may also require that full or partial restitution of funds be made to the qualified individual.”
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentAmendment by Pub. L. 108203 applicable with respect to violations occurring on or after Mar. 2, 2004, see section 209(d) of Pub. L. 108203, set out as a note under section 408 of this title.
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# 42 U.S.C. § 1012 - Definitions
## Text
In this subchapter:
(1) World War II veteran The term “World War II veteran” means a person who—
(A) served during World War II—
(i) in the active military, naval, or air service of the United States during World War II; or
(ii) in the organized military forces of the Government of the Commonwealth of the Philippines, while the forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among the military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, in any case in which the service was rendered before December 31, 1946; and
(B) was discharged or released therefrom under conditions other than dishonorable—
(i) after service of 90 days or more; or
(ii) because of a disability or injury incurred or aggravated in the line of active duty.
(2) World War II The term “World War II” means the period beginning on September 16, 1940, and ending on July 24, 1947.
(3) Supplemental security income benefit under subchapter XVI The term “supplemental security income benefit under subchapter XVI”, except as otherwise provided, includes State supplementary payments which are paid by the Commissioner of Social Security pursuant to an agreement under section 1382e(a) of this title or section 212(b) of Public Law 9366.
(4) Federal benefit rate under subchapter XVI The term “Federal benefit rate under subchapter XVI” means, with respect to any month, the amount of the supplemental security income cash benefit (not including any State supplementary payment which is paid by the Commissioner of Social Security pursuant to an agreement under section 1382e(a) of this title or section 212(b) of Public Law 9366) payable under subchapter XVI for the month to an eligible individual with no income.
(5) United States The term “United States” means, notwithstanding section 1301(a)(1) of this title, only the 50 States, the District of Columbia, and the Commonwealth of the Northern Mariana Islands.
(6) Benefit income The term “benefit income” means any recurring payment received by a qualified individual as an annuity, pension, retirement, or disability benefit (including any veterans compensation or pension, workmens compensation payment, old-age, survivors, or disability insurance benefit, railroad retirement annuity or pension, and unemployment insurance benefit), but only if a similar payment was received by the individual from the same (or a related) source during the 12-month period preceding the month in which the individual files an application for benefits under this subchapter.
(Aug. 14, 1935, ch. 531, title VIII, § 812, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1853.)
## Notes
Editorial Notes
References in TextSection 212(b) of Public Law 9366, referred to in pars. (3) and (4), is section 212(b) of Pub. L. 9366, title II, July 9, 1973, 87 Stat. 155, which is set out as a note under section 1382 of this title.
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# 42 U.S.C. § 1013 - Appropriations
## Text
There are hereby appropriated for fiscal year 2000 and subsequent fiscal years, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this subchapter.
(Aug. 14, 1935, ch. 531, title VIII, § 813, as added Pub. L. 106169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1854.)
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# 42 U.S.C. § 1102 - Transfers between Federal unemployment account and employment security administration account
## Text
(a) Determination of excess; amount transferred Whenever the Secretary of the Treasury determines pursuant to section 1101(f) of this title that there is an excess in the employment security administration account as of the close of any fiscal year and the entire amount of such excess is not retained in the employment security administration account or transferred to the extended unemployment compensation account as provided in section 1101(f)(3) of this title, there shall be transferred (as of the beginning of the succeeding fiscal year) to the Federal unemployment account the balance of such excess or so much thereof as is required to increase the amount in the Federal unemployment account to whichever of the following is the greater:
(1) $550 million, or
(2) the amount (determined by the Secretary of Labor and certified by him to the Secretary of the Treasury) equal to 0.5 percent of the total wages subject (determined without any limitation on amount) to contributions under all State unemployment compensation laws for the calendar year ending during the fiscal year for which the excess is determined.
(b) Unemployment account excesses The amount, if any, by which the amount in the Federal unemployment account as of the close of any fiscal year exceeds the greater of the amounts specified in paragraphs (1) and (2) of subsection (a) shall be transferred to the employment security administration account as of the close of such fiscal year.
(c) Report to Congress Whenever the Secretary of Labor has reason to believe that in the next fiscal year the employment security administration account will reach the limit provided for such account in section 1101(f)(3)(A) of this title, and the Federal unemployment account will reach the limit provided for such account in subsection (a), and the extended unemployment compensation account will reach the limit provided for such account in section 1105(b)(2) of this title, he shall, after consultation with the Secretary of the Treasury, so report to the Congress with a recommendation for appropriate action by the Congress.
(Aug. 14, 1935, ch. 531, title IX, § 902, as added Aug. 5, 1954, ch. 657, § 2, 68 Stat. 669; amended Pub. L. 86778, title V, § 521, Sept. 13, 1960, 74 Stat. 974; Pub. L. 91373, title III, § 304(a), (b), Aug. 10, 1970, 84 Stat. 715, 716; Pub. L. 100203, title IX, § 9154(b)(1), Dec. 22, 1987, 101 Stat. 1330326; Pub. L. 102318, title V, § 531(b), July 3, 1992, 106 Stat. 316; Pub. L. 10533, title V, § 5402(a), Aug. 5, 1997, 111 Stat. 603.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1102, act Aug. 14, 1935, ch. 531, title IX, § 902, 49 Stat. 639, related to credit against tax. For further details, see Prior Law note set out preceding section 1101 of this title.
Amendments1997—Subsec. (a)(2). Pub. L. 10533 substituted “0.5 percent” for “0.25 percent”. 1992—Subsec. (a)(2). Pub. L. 102318 substituted “0.25 percent” for “five-eighths of 1 percent”. 1987—Subsec. (a)(2). Pub. L. 100203 substituted “five-eighths” for “one-eighth”. 1970—Subsec. (a). Pub. L. 91373, § 304(a), inserted, in provisions preceding par. (1), reference to the retention of the entire amount of the excess in the employment security administration account or the transfer to the extended unemployment compensation account as provided in section 1101(f)(3) of this title and, in par. (2), substituted “one-eighth of 1 percent” for “four-tenths of 1 per centum”. Subsec. (c). Pub. L. 91373, § 304(b), added subsec. (c). 1960—Pub. L. 86778 substituted provisions for transfers between Federal unemployment account and employment security administration account for former provisions crediting the Federal unemployment account with funds and defining “adjusted balance”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 10533, title V, § 5402(b), Aug. 5, 1997, 111 Stat. 603, provided that: “This section [amending this section] and the amendment made by this section— “(1) shall take effect on October 1, 2001, and “(2) shall apply to fiscal years beginning on or after that date.”
Effective Date of 1992 AmendmentPub. L. 102318, title V, § 531(e), July 3, 1992, 106 Stat. 317, provided that: “(1) In general.—Except as provided in paragraph (2), the amendments made by this section [enacting section 1110 of this title and amending this section and sections 1101, 1104, and 1105 of this title] shall take effect on the date of the enactment of this Act [July 3, 1992]. “(2) Changes in ceiling amounts.—The amendments made by subsection[s] (a)(2) and (b) [amending this section and section 1105 of this title] shall apply to fiscal years beginning after September 30, 1993.”
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# 42 U.S.C. § 1105 - Extended unemployment compensation account
## Text
(a) Establishment There is hereby established in the Unemployment Trust Fund an extended unemployment compensation account. For the purposes provided for in section 1104(e) of this title, such account shall be maintained as a separate book account.
(b) Transfers to account (1) Except as provided in paragraph (3), the Secretary of the Treasury shall transfer (as of the close of each month) from the employment security administration account to the extended unemployment compensation account established by subsection (a), an amount (determined by such Secretary) equal to 20 percent of the amount by which—
(A) the transfers to the employment security administration account pursuant to section 1101(b)(2) of this title during such month, exceed
(B) the payments during such month from the employment security administration account pursuant to section 1101(b)(3) and (d) of this title.
If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (A), proper adjustments shall be made in the amounts subsequently transferred.
(2) Whenever the Secretary of the Treasury determines pursuant to section 1101(f) of this title that there is an excess in the employment security administration account as of the close of any fiscal year beginning after June 30, 1972, there shall be transferred (as of the beginning of the succeeding fiscal year) to the extended unemployment compensation account the total amount of such excess or so much thereof as is required to increase the amount in the extended unemployment compensation account to whichever of the following is the greater:
(A) $750,000,000, or
(B) the amount (determined by the Secretary of Labor and certified by him to the Secretary of the Treasury) equal to 0.5 percent of the total wages subject (determined without any limitation on amount) to contributions under all State unemployment compensation laws for the calendar year ending during the fiscal year for which the excess is determined.
(3) The Secretary of the Treasury shall make no transfer pursuant to paragraph (1) as of the close of any month if he determines that the amount in the extended unemployment compensation account is equal to (or in excess of) the limitation provided in paragraph (2).
(c) Transfers to State accounts Amounts in the extended unemployment compensation account shall be available for transfer to the accounts of the States in the Unemployment Trust Fund as provided in section 204(e) of the Federal-State Extended Unemployment Compensation Act of 1970.
(d) Advances to account; repayment There are hereby authorized to be appropriated, without fiscal year limitation, to the extended unemployment compensation account, as repayable advances, such sums as may be necessary to carry out the purposes of the Federal-State Extended Unemployment Compensation Act of 1970. Amounts appropriated as repayable advances shall be repaid by transfers from the extended unemployment compensation account to the general fund of the Treasury, at such times as the amount in the extended unemployment compensation account is determined by the Secretary of the Treasury, in consultation with the Secretary of Labor, to be adequate for such purpose. Repayments under the preceding sentence shall be made whenever the Secretary of the Treasury (after consultation with the Secretary of Labor) determines that the amount then in the account exceeds the amount necessary to meet the anticipated payments from the account during the next 3 months. Any amount transferred as a repayment under this subsection shall be credited against, and shall operate to reduce, any balance of advances repayable under this subsection. Amounts appropriated as repayable advances for purposes of this subsection shall bear interest at a rate equal to the average rate of interest, computed as of the end of the calendar month next preceding the date of such advance, borne by all interest bearing obligations of the United States then forming part of the public debt; except that in cases in which such average rate is not a multiple of one-eighth of 1 percent, the rate of interest shall be the multiple of one-eighth of 1 percent next lower than such average rate.
(Aug. 14, 1935, ch. 531, title IX, § 905, as added Pub. L. 91373, title III, § 305(a), Aug. 10, 1970, 84 Stat. 716; amended Pub. L. 92329, § 2(c), June 30, 1972, 86 Stat. 398; Pub. L. 94566, title II, § 211(e)(2) [(c)(2)], Oct. 20, 1976, 90 Stat. 2677; Pub. L. 97248, title II, §§ 271(b)(2)(B), 275, Sept. 3, 1982, 96 Stat. 555, 558; Pub. L. 100203, title IX, §§ 9154(b)(2), (c)(1), 9155(a), Dec. 22, 1987, 101 Stat. 1330326; Pub. L. 102318, title V, § 531(a), July 3, 1992, 106 Stat. 315; Pub. L. 103152, § 5, Nov. 24, 1993, 107 Stat. 1518.)
## Notes
Editorial Notes
References in TextThe Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsecs. (c) and (d), is Pub. L. 91373, title II, Aug. 10, 1970, 84 Stat. 708, which is set out as a note under section 3304 of Title 26, Internal Revenue Code. Section 204(e) of that Act is part of that note. For complete classification of this Act to the Code, see Tables.
Prior ProvisionsA prior section 1105, act Aug. 14, 1935, ch. 531, title IX, § 905, as added Pub. L. 876, § 13, Mar. 24, 1961, 75 Stat. 14; amended Pub. L. 8831, § 2(c), May 29, 1963, 77 Stat. 51, related to Federal extended compensation account, prior to repeal by Pub. L. 91373, title III, § 305(a), Aug. 10, 1970, 84 Stat. 716. Another prior section 1105, act Aug. 14, 1935, ch. 531, title IX, § 905, 49 Stat. 641, related to administration, refunds and penalties. For further details, see Prior Law note set out preceding section 1101 of this title.
Amendments1993—Subsec. (b)(1). Pub. L. 103152 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Except as provided in paragraph (3), the Secretary of the Treasury shall transfer (as of the close of each month), from the employment security administration account to the extended unemployment compensation account established by subsection (a) of this section, an amount determined by him to be equal to the sum of— “(A) 100 percent of the transfers to the employment security administration account pursuant to section 1101(b)(2) of this title during such month on account of liabilities referred to in section 1101(b)(1)(B) of this title, plus “(B) 20 percent of the excess of the transfers to such account pursuant to section 1101(b)(2) of this title during such month on account of amounts referred to in section 1101(b)(1)(A) of this title over the payments during such month from the employment security administration account pursuant to section 1101(b)(3) and (d) of this title. If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (B), proper adjustments shall be made in the amounts subsequently transferred.” 1992—Subsec. (b)(1). Pub. L. 102318, § 531(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Except as provided by paragraph (3), the Secretary of the Treasury shall transfer (as of the close of July 1970, and each month thereafter), from the employment security administration account to the extended unemployment compensation account established by subsection (a) of this section, an amount determined by him to be equal, in the case of any month before April 1972, to one-fifth, and in the case of any month after March 1972, to one-tenth, of the amount by which— “(A) transfers to the employment security administration account pursuant to section 1101(b)(2) of this title during such month, exceed “(B) payments during such month from the employment security administration account pursuant to section 1101(b)(3) and (d) of this title. If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (A), proper adjustments shall be made in the amounts subsequently transferred.” Subsec. (b)(2)(B). Pub. L. 102318, § 531(a)(2), substituted “0.5 percent” for “three-eighths of 1 percent”. 1987—Subsec. (b)(1). Pub. L. 100203, § 9154(c)(1), struck out at end “In the case of any month after March 1983 and before April 1 of the first calendar year to which paragraph (2) of section 3301 of the Federal Unemployment Tax Act applies, the first sentence of this paragraph shall be applied by substituting 40 percent for one-tenth.” Subsec. (b)(2)(B). Pub. L. 100203, § 9154(b)(2), substituted “three-eighths” for “one-eighth”. Subsec. (d). Pub. L. 100203, § 9155(a), struck out “(without interest)” after “account, as repayable advances” and “, without interest,” after “shall be repaid” and inserted sentence at end providing that amounts appropriated as repayable advances for purposes of this subsection shall bear interest. 1982—Subsec. (b)(1). Pub. L. 97248, § 271(b)(2)(B), substituted “1983” for “1977”, inserted “1” after “April”, and substituted “40 percent” for “five-fourteenths” in provisions following subpar. (B). Subsec. (d). Pub. L. 97248, § 275, inserted provision that repayment shall be made whenever the Secretary of the Treasury determines that the amount then in the account exceeds the amount necessary to meet the anticipated payments from the account during the next 3 months. 1976—Subsec. (b)(1). Pub. L. 94566 substituted “In the case of any month after March 1977 and before April of the first calendar year to which paragraph (2) of section 3301 of the Federal Unemployment Tax Act applies, the first sentence of this paragraph shall be applied by substituting five-fourteenths for one-tenth ” for “In the case of any month after March 1973 and before April 1974, the first sentence of this paragraph shall be applied by substituting thirteen fifty-eighths for one-tenth ”. 1972—Subsec. (b)(1). Pub. L. 92329 inserted provisions for transfers in the case of any month after March 1973 and before April 1974.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by section 531(a) of Pub. L. 102318 effective July 3, 1992, except that amendment by section 531(a)(2) of Pub. L. 102318 applicable to fiscal years beginning after Sept. 30, 1993, see section 531(e) of Pub. L. 102318, set out as a note under section 1102 of this title.
Effective Date of 1987 AmendmentAmendment by section 9155(a) of Pub. L. 100203 applicable to advances made on or after Dec. 22, 1987, see section 9155(d) of Pub. L. 100203, set out as a note under section 1103 of this title.
Effective Date of 1982 AmendmentAmendment by section 271(b)(2)(B) of Pub. L. 97248 applicable to remuneration paid after Dec. 31, 1982, see section 271(d)(1) of Pub. L. 97248, as amended, set out as a note under section 3301 of Title 26, Internal Revenue Code.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94566 effective Oct. 20, 1976, see section 211(d)(3) of Pub. L. 94566, set out as a note under section 1101 of this title.
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# 42 U.S.C. § 1106 - Unemployment compensation research program
## Text
(a) The Secretary of Labor shall—
(1) establish a continuing and comprehensive program of research to evaluate the unemployment compensation system. Such research shall include, but not be limited to, a program of factual studies covering the role of unemployment compensation under varying patterns of unemployment including those in seasonal industries, the relationship between the unemployment compensation and other social insurance programs, the effect of State eligibility and disqualification provisions, the personal characteristics, family situations, employment background and experience of claimants, with the results of such studies to be made public; and
(2) establish a program of research to develop information (which shall be made public) as to the effect and impact of extending coverage to excluded groups with first attention to agricultural labor.
(b) To assist in the establishment and provide for the continuation of the comprehensive research program relating to the unemployment compensation system, there are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each fiscal year thereafter, such sums, not to exceed $8,000,000, as may be necessary to carry out the purposes of this section. From the sums authorized to be appropriated by this subsection the Secretary may provide for the conduct of such research through grants or contracts.
(Aug. 14, 1935, ch. 531, title IX, § 906, as added Pub. L. 91373, title I, § 141, Aug. 10, 1970, 84 Stat. 705.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1106, act Aug. 14, 1935, ch. 531, title IX, § 906, 49 Stat. 642, related to excusing payment of tax by engaging in interstate commerce. For further details, see Prior Law note set out preceding section 1101 of this title.
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# 42 U.S.C. § 1107 - Personnel training
## Text
(a) Creation of program In order to assist in increasing the effectiveness and efficiency of administration of the unemployment compensation program by increasing the number of adequately trained personnel, the Secretary of Labor shall—
(1) provide directly, through State agencies, or through contracts with institutions of higher education or other qualified agencies, organizations, or institutions, programs and courses designed to train individuals to prepare them, or improve their qualifications, for service in the administration of the unemployment compensation program, including claims determinations and adjudication, with such stipends and allowances as may be permitted under regulations of the Secretary;
(2) develop training materials for and provide technical assistance to the State agencies in the operation of their training programs;
(3) under such regulations as he may prescribe, award fellowships and traineeships to persons in the Federal-State employment security agencies, in order to prepare them or improve their qualifications for service in the administration of the unemployment compensation program.
(b) Repayment of costs The Secretary may, to the extent that he finds such action to be necessary, prescribe requirements to assure that any person receiving a fellowship, traineeship, stipend or allowance shall repay the costs thereof to the extent that such person fails to serve in the Federal-State employment security program for the period prescribed by the Secretary. The Secretary may relieve any individual of his obligation to so repay, in whole or in part, whenever and to the extent that such repayment would, in his judgment, be inequitable or would be contrary to the purposes of any of the programs established by this section.
(c) Detail of Federal and State employees The Secretary, with the concurrence of the State, may detail Federal employees to State unemployment compensation administration and the Secretary may concur in the detailing of State employees to the United States Department of Labor for temporary periods for training or for purposes of unemployment compensation administration, and the provisions of section 869b 11 See References in Text note below. of title 20 or any more general program of interchange enacted by a law amending, supplementing, or replacing section 869b 1 of title 20 shall apply to any such assignment.
(d) Authorization of appropriations There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each fiscal year thereafter such sums, not to exceed $5,000,000, as may be necessary to carry out the purposes of this section.
(Aug. 14, 1935, ch. 531, title IX, § 907, as added Pub. L. 91373, title I, § 141, Aug. 10, 1970, 84 Stat. 705.)
## Notes
Editorial Notes
References in TextSection 869b of title 20, referred to in subsec. (c), was repealed by Pub. L. 91648, title IV, § 403, Jan. 5, 1971, 84 Stat. 1925. Provisions relating to assignment of personnel to and from State and local governments are covered by section 3371 et seq. of Title 5, Government Organization and Employees.
Prior ProvisionsA prior section 1107, acts Aug. 14, 1935, ch. 531, title IX, § 907, 49 Stat. 642; June 25, 1938, ch. 680, § 13(a), 52 Stat. 1110, related to definitions. For further details, see Prior Law note set out preceding section 1101 of this title.
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# 42 U.S.C. § 1108 - Advisory Council on Unemployment Compensation
## Text
(a) Establishment Not later than February 1, 1992, and every 4th year thereafter, the Secretary of Labor shall establish an advisory council to be known as the Advisory Council on Unemployment Compensation (referred to in this section as the “Council”).
(b) Function It shall be the function of each Council to evaluate the unemployment compensation program, including the purpose, goals, countercyclical effectiveness, coverage, benefit adequacy, trust fund solvency, funding of State administrative costs, administrative efficiency, and any other aspects of the program and to make recommendations for improvement.
(c) Members (1) In general Each Council shall consist of 11 members as follows:
(A) 5 members appointed by the President, to include representatives of business, labor, State government, and the public.
(B) 3 members appointed by the President pro tempore of the Senate, in consultation with the Chairman and ranking member of the Committee on Finance of the Senate.
(C) 3 members appointed by the Speaker of the House of Representatives, in consultation with the Chairman and ranking member of the Committee on Ways and Means of the House of Representatives.
(2) Qualifications In appointing members under subparagraphs (B) and (C) of paragraph (1), the President pro tempore of the Senate and the Speaker of the House of Representatives shall each appoint—
(A) 1 representative of the interests of business,
(B) 1 representative of the interests of labor, and
(C) 1 representative of the interests of State governments.
(3) Vacancies A vacancy in any Council shall be filled in the manner in which the original appointment was made.
(4) Chairman The President shall appoint the Chairman of the Council from among its members.
(d) Staff and other assistance (1) In general Each Council may engage any technical assistance (including actuarial services) required by the Council to carry out its functions under this section.
(2) Assistance from Secretary of Labor The Secretary of Labor shall provide each Council with any staff, office facilities, and other assistance, and any data prepared by the Department of Labor, required by the Council to carry out its functions under this section.
(e) Compensation Each member of any Council—
(1) shall be entitled to receive compensation at the rate of pay for level V of the Executive Schedule under section 5316 of title 5 for each day (including travel time) during which such member is engaged in the actual performance of duties vested in the Council, and
(2) while engaged in the performance of such duties away from such members home or regular place of business, shall be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5 for persons in the Government employed intermittently.
(f) Report (1) In general Not later than February 1 of the third year following the year in which any Council is required to be established under subsection (a), the Council shall submit to the President and the Congress a report setting forth the findings and recommendations of the Council as a result of its evaluation of the unemployment compensation program under this section.
(2) Report of first Council The Council shall include in its report required to be submitted by February 1, 1995, the Councils findings and recommendations with respect to determining eligibility for extended unemployment benefits on the basis of unemployment statistics for regions, States, or subdivisions of States.
(Aug. 14, 1935, ch. 531, title IX, § 908, as added Pub. L. 91373, title I, § 141, Aug. 10, 1970, 84 Stat. 706; amended Pub. L. 98369, div. B, title VI, § 2663(d)(4), July 18, 1984, 98 Stat. 1167; Pub. L. 102164, title III, § 303, Nov. 15, 1991, 105 Stat. 1059; Pub. L. 103152, § 6, Nov. 24, 1993, 107 Stat. 1518.)
## Notes
Editorial Notes
Codification Section 9 of Pub. L. 102107, Aug. 17, 1991, 105 Stat. 547, which contained provisions substantially identical to those of section 303 of Pub. L. 102164, amending this section, did not become effective pursuant to section 10(b) of Pub. L. 102107, because the President did not take the action required by that section by Aug. 17, 1991.
Prior ProvisionsA prior section 1108, act Aug. 14, 1935, ch. 531, title IX, § 908, 49 Stat. 643, related to rules and regulations. For further details, see Prior Law note set out preceding section 1101 of this title.
Amendments1993—Subsec. (f). Pub. L. 103152 substituted “third year” for “2d year” in par. (1) and “1995” for “1994” in par. (2). 1991—Pub. L. 102164 amended section generally, substituting present provisions for provisions which in subsec. (a) established the Federal Advisory Council and its membership, in subsec. (b) prescribed the appointment of its members, in subsec. (c) required that secretarial, clerical, and other assistance be made available to the Council, in subsec. (d) provided for compensation of members, in subsec. (e) encouraged the organization of State advisory councils, and in subsec. (f) authorized certain appropriations for the work of the Council. 1984—Subsec. (d). Pub. L. 98369 substituted “5703” for “5703(b)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98369, set out as a note under section 401 of this title.
Termination of Advisory CouncilsAdvisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
Report on Agricultural Labor Performed by AliensPub. L. 102318, title III, § 303(b), July 3, 1992, 106 Stat. 297, directed Advisory Council on Unemployment Compensation to submit a report to Congress, not later than Feb. 1, 1994, on its recommendations with respect to the treatment of agricultural labor performed by aliens.
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# 42 U.S.C. § 1109 - Federal Employees Compensation Account
## Text
There is hereby established in the Unemployment Trust Fund a Federal Employees Compensation Account which shall be used for the purposes specified in section 8509 of title 5. For the purposes provided for in section 1104(e) of this title, such account shall be maintained as a separate book account.
(Aug. 14, 1935, ch. 531, title IX, § 909, as added Pub. L. 96499, title X, § 1023(a), Dec. 5, 1980, 94 Stat. 2657.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1109, act Aug. 14, 1935, ch. 531, title IX, § 909, 49 Stat. 643, related to an additional credit against tax. For further details, see Prior Law note set out preceding section 1101 of this title.
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# 42 U.S.C. § 1110 - Borrowing between Federal accounts
## Text
(a) In general Whenever the Secretary of the Treasury (after consultation with the Secretary of Labor) determines that—
(1) the amount in the employment security administration account, Federal unemployment account, or extended unemployment compensation account, is insufficient to meet the anticipated payments from the account,
(2) such insufficiency may cause such account to borrow from the general fund of the Treasury, and
(3) the amount in any other such account exceeds the amount necessary to meet the anticipated payments from such other account,
the Secretary shall transfer to the account referred to in paragraph (1) from the account referred to 11 So in original. Probably should be “to in”. paragraph (3) an amount equal to the insufficiency determined under paragraph (1) (or, if less, the excess determined under paragraph (3)).
(b) Treatment of advance Any amount transferred under subsection (a)—
(1) shall be treated as a noninterest-bearing repayable advance, and
(2) shall not be considered in computing the amount in any account for purposes of the application of sections 1101(f)(2), 1102(b), and 1105(b) of this title.
(c) Repayment Whenever the Secretary of the Treasury (after consultation with the Secretary of Labor) determines that the amount in the account to which an advance is made under subsection (a) exceeds the amount necessary to meet the anticipated payments from the account, the Secretary shall transfer from the account to the account from which the advance was made an amount equal to the lesser of the amount so advanced or such excess.
(Aug. 14, 1935, ch. 531, title IX, § 910, as added Pub. L. 102318, title V, § 531(c), July 3, 1992, 106 Stat. 316.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1110, act Aug. 14, 1935, ch. 531, title IX, § 910, 49 Stat. 644, related to conditions of additional credit allowance. For further details, see Prior Law note set out preceding section 1101 of this title.
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# 42 U.S.C. § 1111 - Data exchange standardization for improved interoperability
## Text
(a) Data exchange standards (1) The Secretary of Labor, in consultation with an interagency work group which shall be established by the Office of Management and Budget, and considering State and employer perspectives, shall, by rule, designate a data exchange standard for any category of information required under subchapter III, subchapter XII, or this subchapter.
(2) Data exchange standards designated under paragraph (1) shall, to the extent practicable, be nonproprietary and interoperable.
(3) In designating data exchange standards under this subsection, the Secretary of Labor shall, to the extent practicable, incorporate—
(A) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization;
(B) interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and
(C) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulations Council.
(b) Data exchange standards for reporting (1) The Secretary of Labor, in consultation with an interagency work group established by the Office of Management and Budget, and considering State and employer perspectives, shall, by rule, designate data exchange standards to govern the reporting required under subchapter III, subchapter XII, or this subchapter.
(2) The data exchange standards required by paragraph (1) shall, to the extent practicable—
(A) incorporate a widely accepted, nonproprietary, searchable, computer-readable format;
(B) be consistent with and implement applicable accounting principles; and
(C) be capable of being continually upgraded as necessary.
(3) In designating reporting standards under this subsection, the Secretary of Labor shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Markup Language.
(Aug. 14, 1935, ch. 531, title IX, § 911, as added Pub. L. 11296, title II, § 2104(a), Feb. 22, 2012, 126 Stat. 161.)
## Notes
Statutory Notes and Related Subsidiaries
Effective Date; RegulationsPub. L. 11296, title II, § 2104(b), Feb. 22, 2012, 126 Stat. 162, provided that: “(1) Data exchange standards.—The Secretary of Labor shall issue a proposed rule under section 911(a)(1) of the Social Security Act [42 U.S.C. 1111(a)(1)] (as added by subsection (a)) within 12 months after the date of the enactment of this section [Feb. 22, 2012], and shall issue a final rule under such section 911(a)(1), after public comment, within 24 months after such date of enactment. “(2) Data reporting standards.—The reporting standards required under section 911(b)(1) of such Act [42 U.S.C. 1111(b)(1)] (as so added) shall become effective with respect to reports required in the first reporting period, after the effective date of the final rule referred to in paragraph (1) of this subsection, for which the authority for data collection and reporting is established or renewed under the Paperwork Reduction Act [44 U.S.C. 3501 et seq.].”
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# 42 U.S.C. § 1201 - Authorization of appropriations
## Text
For the purpose of enabling each State to furnish financial assistance, as far as practicable under the conditions in such State, to needy individuals who are blind, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this subchapter. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary of Health and Human Services, State plans for aid to the blind.
(Aug. 14, 1935, ch. 531, title X, § 1001, 49 Stat. 645; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(b), 64 Stat. 558; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 836, title III, § 313(a), 70 Stat. 849; Pub. L. 87543, title I, § 104(c)(3), July 25, 1962, 76 Stat. 186; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 9735, title XXI, § 2184(c)(1), Aug. 13, 1981, 95 Stat. 817.)
## Notes
Repeal of SectionPub. L. 92603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands.
Editorial Notes
Amendments1981—Pub. L. 9735 struck out “and of encouraging each State, as far as practicable under such conditions, to furnish rehabilitation and other services to help such individuals attain or retain capability for self-support and self-care” after “who are blind”. 1962—Pub. L. 87543 inserted “to furnish rehabilitation and other services” before “to help such individuals” and “or retain capability for” after “attain”. 1956—Act Aug. 1, 1956, restated purpose to include assistance to individuals to attain self-support or self-care. 1950—Act Aug. 28, 1950, substituted “Federal Security Administrator” for “Social Security Board”.
Statutory Notes and Related Subsidiaries
Change of Name “Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 9688, which is classified to section 3508(b) of Title 20, Education.
Executive Documents
Transfer of Functions Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
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# 42 U.S.C. § 1202a - Repealed. Pub. L. 87543, title I, § 136(b), July 25, 1962, 76 Stat. 197
## Notes
Section, act Aug. 28, 1950, ch. 809, title III, pt. 4, § 344(a), 64 Stat. 554, provided, in the case of any State without a plan for aid to the blind approved on Jan. 1, 1949, for approval of the plan of such a State conforming to all requirements except those relating to determination of need and consideration of resources but conditioned payments to the State meeting the excepted requirement.
Statutory Notes and Related Subsidiaries
Effective and Termination DatesSection 136(b) of Pub. L. 87543 also repealed section 344(b) of act Aug. 28, 1950, as amended Sept. 1, 1954, ch. 1206, title III, § 302, 68 Stat. 1097; Apr. 25, 1957, Pub. L. 8526, 71 Stat. 27; Aug. 28, 1958, Pub. L. 85840, title V, § 509, 72 Stat. 1051; Sept. 13, 1960, Pub. L. 86778, title VII, § 706, 74 Stat. 995, which provided that this section should become effective Oct. 1, 1950 and terminate June 30, 1964.
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# 42 U.S.C. § 1204 - Operation of State plans
## Text
In the case of any State plan for aid to the blind which has been approved by the Secretary of Health and Human Services, if the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, finds—
(1) that the plan has been so changed as to impose any residence or citizenship requirement prohibited by section 1202(b) of this title, 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 1202(a) of this title to be included in the plan;
the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure) 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 payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure).
(Aug. 14, 1935, ch. 531, title X, § 1004, 49 Stat. 646; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(c), (d), 64 Stat. 558; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 90248, title II, § 245, Jan. 2, 1968, 81 Stat. 918; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
## Notes
Repeal of SectionPub. L. 92603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands.
Editorial Notes
Amendments1968—Pub. L. 90248 inserted “(or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure)” after “further payments will not be made to the State” and substituted in last sentence “further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure)” for “further certification to the Secretary of the Treasury with respect to such State”. 1950—Act Aug. 28, 1950, substituted “Administrator” for “Board” and “his” for “its”.
Statutory Notes and Related Subsidiaries
Change of Name “Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 9688, which is classified to section 3508(b) of Title 20, Education.
Executive Documents
Transfer of Functions Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
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# 42 U.S.C. § 1205 - Omitted
## Notes
Editorial Notes
Codification Section, act Aug. 14, 1935, ch. 531, title X, § 1005, 49 Stat. 647, made available $30,000 for the fiscal year ending June 30, 1936, for expenses in administering sections 1201 to 1204 of this title.
Statutory Notes and Related Subsidiaries
RepealsPub. L. 92603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section was repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands.
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# 42 U.S.C. § 1206 - “Aid to the blind” defined
## Text
For the purposes of this subchapter, the term “aid to the blind” means money payments to blind individuals who are needy, 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 who is a patient in an institution for tuberculosis or mental diseases. Such term also includes payments which are not included within the meaning of such term under the preceding sentence, but which would be so included except that they are made on behalf of such a needy individual to another individual who (as determined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such needy individual, but only with respect to a State whose State plan approved under section 1202 of this title includes provision for—
(1) determination by the State agency that such needy individual has, by reason of his physical or mental condition, such inability to manage funds that making payments to him would be contrary to his welfare and, therefore, it is necessary to provide such aid through payments described in this sentence;
(2) making such payments only in cases in which such payments will, under the rules otherwise applicable under the State plan for determining need and the amount of aid to the blind to be paid (and in conjunction with other income and resources), meet all the need 11 So in original. Probably should be “needs”. of the individuals with respect to whom such payments are made;
(3) undertaking and continuing special efforts to protect the welfare of such individual and to improve, to the extent possible, his capacity for self-care and to manage funds;
(4) periodic review by such State agency of the determination under paragraph (1) of this subsection to ascertain whether conditions justifying such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appointment of a guardian or other legal representative, as described in section 1311 of this title, if and when it appears that such action will best serve the interests of such needy individual; and
(5) opportunity for a fair hearing before the State agency on the determination referred to in paragraph (1) of this subsection for any individual with respect to whom it is made.
At the option of a State (if its plan approved under this subchapter so provides), such term (i) need not include money payments to an individual who has been absent from such State for a period in excess of 90 consecutive days (regardless of whether he has maintained his residence in such State during such period) until he has been present in such State for 30 consecutive days in the case of such an individual who has maintained his residence in such State during such period or 90 consecutive days in the case of any other such individual, and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of aid under such plan.
(Aug. 14, 1935, ch. 531, title X, § 1006, 49 Stat. 647; Aug. 10, 1939, ch. 666, title VII, § 703, 53 Stat. 1398; Aug. 28, 1950, ch. 809, title III, pt. 4, § 343(a), 64 Stat. 554; Pub. L. 87543, title I, § 156(c), July 25, 1962, 76 Stat. 207; Pub. L. 8997, title II, § 221(b), title IV, § 402(c), July 30, 1965, 79 Stat. 358, 416; Pub. L. 92603, title IV, §§ 408(b), 409(b), Oct. 30, 1972, 86 Stat. 1490; Pub. L. 9735, title XXI, § 2184(c)(3), Aug. 13, 1981, 95 Stat. 817.)
## Notes
Repeal of SectionPub. L. 92603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands.
Editorial Notes
Amendments1981—Pub. L. 9735 struck out in provision preceding par. (1) “, or (if provided in or after the third month before the month in which the recipient makes application for aid) medical care in behalf of or any type of remedial care recognized under State law in behalf of,” after “money payments to”. 1972—Pub. L. 92603 authorized the State, at its option, to include within term “aid to the blind” provisions relating to money payments to an individual absent from such State for more than 90 consecutive days, and provisions relating to rent payments made directly to a public housing agency. 1965—Pub. L. 8997 struck out from definition of “aid to the blind” the exclusion of payments to or medical care in behalf of any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof; and extended definition of “aid to the blind” to include payments made on behalf of the needy individual to another individual who (as determined in accordance with standards determined by the Secretary) is interested in or concerned with the welfare of such needy individual and enumerated the five characteristics required of State plans under which such payments can be made, including provision for finding of inability to manage funds, payment to meet all needs of the individual, special efforts to protect welfare, periodic review, and opportunity for fair hearing, respectively. 1962—Pub. L. 87543 inserted “(if provided in or after the third month before the month in which the recipient makes application for aid)” before “medical care”. 1950—Act Aug. 28, 1950, redefined “aid to the blind”. 1939—Act Aug. 10, 1939, redefined “aid to the blind” to include those individuals who are needy.
Statutory Notes and Related Subsidiaries
Effective Date of 1965 AmendmentAmendment by section 221(b) of Pub. L. 8997 applicable in the case of expenditures made after Dec. 31, 1965, under a State plan approved under this subchapter, see section 221(e) of Pub. L. 8997, set out as a note under section 302 of this title. Amendment by section 402(c) of Pub. L. 8997 applicable in the case of expenditures made after December 31, 1965, under a State plan approved under subchapters I, X, XIV, or XVI of this chapter, see section 402(e) of Pub. L. 8997, set out as a note under section 306 of this title.
Effective Date of 1962 AmendmentAmendment by section 156(c) of Pub. L. 87543 applicable in the case of applications made after Sept. 30, 1962, under a State plan approved under subchapter I, IV, X, or XIV of this chapter, see section 156(e) of Pub. L. 87543, set out as a note under section 306 of this title.
Effective Date of 1950 AmendmentAct Aug. 28, 1950, ch. 809, title III, § 343(b), 64 Stat. 554, provided that: “The amendment made by subsection (a) [amending this section] shall take effect October 1, 1950, except that the exclusion of money payments to needy individuals described in [former] clause (a) or (b) of section 1006 of the Social Security Act [42 U.S.C. 1206] as so amended shall, in the case of any of such individuals who are not patients in a public institution, be effective July 1, 1952.”
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# 42 U.S.C. § 13011 - Omitted
## Notes
Editorial Notes
Codification Section, act Aug. 10, 1946, ch. 951, title II, § 202, 60 Stat. 981, defined the term “Administrator” as used in certain sections of this chapter. See section 1301 of this title.
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# 42 U.S.C. § 1301a - Omitted
## Notes
Editorial Notes
Codification Section, act June 26, 1940, ch. 428, title II, 54 Stat. 588, provided for reimbursement for official travel performed by employees of the Bureau of Old-Age Insurance, was from the Federal Security Agency Appropriation Act, 1941, and was not repeated in subsequent appropriations acts.
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# 42 U.S.C. § 1302 - Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals
## Text
(a) The Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services, respectively, shall make and publish such rules and regulations, not inconsistent with this chapter, as may be necessary to the efficient administration of the functions with which each is charged under this chapter.
(b) (1) Whenever the Secretary publishes a general notice of proposed rulemaking for any rule or regulation proposed under subchapter XVIII, subchapter XIX, or part B of this subchapter that may have a significant impact on the operations of a substantial number of small rural hospitals, the Secretary shall prepare and make available for public comment an initial regulatory impact analysis. Such analysis shall describe the impact of the proposed rule or regulation on such hospitals and shall set forth, with respect to small rural hospitals, the matters required under section 603 of title 5 to be set forth with respect to small entities. The initial regulatory impact analysis (or a summary) shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule or regulation.
(2) Whenever the Secretary promulgates a final version of a rule or regulation with respect to which an initial regulatory impact analysis is required by paragraph (1), the Secretary shall prepare a final regulatory impact analysis with respect to the final version of such rule or regulation. Such analysis shall set forth, with respect to small rural hospitals, the matters required under section 604 of title 5 to be set forth with respect to small entities. The Secretary shall make copies of the final regulatory impact analysis available to the public and shall publish, in the Federal Register at the time of publication of the final version of the rule or regulation, a statement describing how a member of the public may obtain a copy of such analysis.
(3) If a regulatory flexibility analysis is required by chapter 6 of title 5 for a rule or regulation to which this subsection applies, such analysis shall specifically address the impact of the rule or regulation on small rural hospitals.
(Aug. 14, 1935, ch. 531, title XI, § 1102, 49 Stat. 647; Aug. 28, 1950, ch. 809, title IV, § 403(c), 64 Stat. 559; Pub. L. 98369, div. B, title VI, § 2663(j)(2)(D)(i), (l)(2), July 18, 1984, 98 Stat. 1170, 1171; Pub. L. 100203, title IV, § 4402(a), Dec. 22, 1987, 101 Stat. 1330226.)
## Notes
Editorial Notes
Amendments1987—Pub. L. 100203 designated existing provision as subsec. (a) and added subsec. (b). 1984—Pub. L. 98369, § 2663(l)(2), substituted “Secretary of Health, Education, and Welfare” for “Federal Security Administrator” immediately prior to the substitution of “Health and Human Services” for “Health, Education, and Welfare” by Pub. L. 98369, § 2663(j)(2)(D)(i). 1950—Act Aug. 28, 1950, substituted “Federal Security Administrator” for “Social Security Board”.
Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentPub. L. 100203, title IV, § 4402(b), Dec. 22, 1987, 101 Stat. 1330226, provided that: “The amendments made by paragraph (1) [probably means subsec. (a), amending this section] shall apply to regulations proposed more than 30 days after the date of the enactment of this Act [Dec. 22, 1987].”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98369, set out as a note under section 401 of this title.
RepealsThe provisions of this section were incorporated into sections 1429 and 1609 of former Title 26, Internal Revenue Code of 1939, by act Feb. 10, 1939, ch. 2, 53 Stat. 1. Section 4 of the act of Feb. 10, 1939, which enacted Title 26, I.R.C. 1939, provided that all laws and parts of laws codified into the I.R.C. 1939, to the extent that they related exclusively to internal revenue, were repealed. Provisions of I.R.C. 1939 were generally repealed by section 7851 of Title 26, Internal Revenue Code of 1954. See also, section 7807 of said Title 26, I.R.C. 1954, respecting rules in effect upon enactment of I.R.C. 1954. The I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095. The repealed sections are covered by section 7805(a), (c) of Title 26.
Abortion Services; Prohibition on Certain Policy ChangesPub. L. 100517, § 9, Oct. 24, 1988, 102 Stat. 2583, provided that: “With respect to abortion services, the Secretary of Health and Human Services shall not promulgate or issue any regulations, policy statements, or interpretations or develop any practices concerning the performance of medically necessary procedures if such regulations, policy statements, interpretations, or practices would be inconsistent with regulations, policy statements, interpretations, or practices in effect on the date of the enactment of this Act [Oct. 24, 1988].”
Notice on Social Security ChecksPub. L. 98473, title II, § 1212, Oct. 12, 1984, 98 Stat. 2165, provided that: “(a) The Secretary of the Treasury shall take such steps as may be necessary to provide that all checks issued for payment of benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.], and the envelopes in which such checks are mailed, contain a printed notice that the commission of forgery in conjunction with the cashing or attempted cashing of such checks constitutes a violation of Federal law. Such notice shall also state the maximum penalties for forgery under the applicable provisions of title 18 of the United States Code. “(b) Subsection (a) shall apply with respect to checks issued for months after the ninth month after the date of the enactment of this Act [Oct. 12, 1984].”
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# 42 U.S.C. § 1303 - Separability
## Text
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances shall not be affected thereby.
(Aug. 14, 1935, ch. 531, title XI, § 1103, 49 Stat. 648.)
## Notes
Statutory Notes and Related Subsidiaries
SeparabilityPub. L. 98460, § 18, Oct. 9, 1984, 98 Stat. 1813, provided that: “If any provision of this Act [amending sections 405, 408, 416, 421 to 423, 1382c, 1382d, 1382h, and 1383 to 1383b of this title, enacting provisions set out as notes under sections 405, 421 to 423, 907, and 1305 of this title, and amending provisions set out as a note under section 1382h of this title], or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.”
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# 42 U.S.C. § 1304 - Reservation of right to amend or repeal
## Text
The right to alter, amend, or repeal any provision of this chapter is hereby reserved to the Congress.
(Aug. 14, 1935, ch. 531, title XI, § 1104, 49 Stat. 648.)
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# 42 U.S.C. § 1306a - Public access to State disbursement records
## Text
No State or any agency or political subdivision thereof shall be deprived of any grant-in-aid or other payment to which it otherwise is or has become entitled pursuant to subchapter I (other than section 303(a)(3) thereof), IV, X, XIV, or XVI (other than section 1383(a)(3) thereof) of this chapter, by reason of the enactment or enforcement by such State of any legislation prescribing any conditions under which public access may be had to records of the disbursement of any such funds or payments within such State, if such legislation prohibits the use of any list or names obtained through such access to such records for commercial or political purposes.
(Oct. 20, 1951, ch. 521, title VI, § 618, 65 Stat. 569; Pub. L. 86778, title VI, § 603(a), Sept. 13, 1960, 74 Stat. 992; Pub. L. 87543, title I, § 141(e), July 25, 1962, 76 Stat. 205.)
## Notes
Editorial Notes
References in TextSection 303(a)(3), referred to in text, was repealed by Pub. L. 9735, title XXI, § 2184(a)(4)(A), Aug. 13, 1981, 95 Stat. 816. Section 1383(a)(3), referred to in text, was in the original a reference to section 1603(a)(3) of the Social Security Act as added July 25, 1962, Pub. L. 87543, title I, § 141(a), 76 Stat. 200, and amended. That section was amended generally by Pub. L. 92603, § 301, Oct. 30, 1972, 86 Stat. 1478. However, the amendment by Pub. L. 92603 was inapplicable to Puerto Rico, Guam, and the Virgin Islands, so that the prior section (which is set out as a note under section 1383 of this title) continues in effect for Puerto Rico, Guam, and the Virgin Islands.
Codification Section was enacted as part of act Oct. 20, 1951, popularly known as the Revenue Act of 1951, and not as part of the Social Security Act which comprises this chapter.
Amendments1962—Pub. L. 87543 substituted “XIV, or XVI (other than section 1383(a)(3) thereof)” for “or XIV”. 1960—Pub. L. 86778 inserted “(other than section 303(a)(3) thereof)” after “pursuant to subchapter I”.
Statutory Notes and Related Subsidiaries
Effective Date of 1960 AmendmentPub. L. 86778, title VI, § 603(b), Sept. 13, 1960, 74 Stat. 992, provided that: “The amendment made by subsection (a) [amending this section] shall take effect October 1, 1960.”
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# 42 U.S.C. § 1306b - State data exchanges
## Text
Whenever the Commissioner of Social Security requests information from a State for the purpose of ascertaining an individuals eligibility for benefits (or the correct amount of such benefits) under subchapter II or XVI of this chapter, the standards of the Commissioner promulgated pursuant to section 1306 of this title or any other Federal law for the use, safeguarding, and disclosure of information are deemed to meet any standards of the State that would otherwise apply to the disclosure of information by the State to the Commissioner.
(Pub. L. 106169, title II, § 209, Dec. 14, 1999, 113 Stat. 1842.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Foster Care Independence Act of 1999, and not as part of the Social Security Act which comprises this chapter.
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# 42 U.S.C. § 1306c - Restriction on access to the Death Master File
## Text
(a) In general The Secretary of Commerce shall not disclose to any person information contained on the Death Master File with respect to any deceased individual at any time during the 3-calendar-year period beginning on the date of the individuals death, unless such person is certified under the program established under subsection (b).
(b) Certification program (1) In general The Secretary of Commerce shall establish a program—
(A) to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File, and
(B) to perform periodic and unscheduled audits of certified persons to determine the compliance by such certified persons with the requirements of the program.
(2) Certification A person shall not be certified under the program established under paragraph (1) unless such person certifies that access to the information described in subsection (a) is appropriate because such person—
(A) has—
(i) a legitimate fraud prevention interest, or
(ii) a legitimate business purpose pursuant to a law, governmental rule, regulation, or fiduciary duty, and
(B) has systems, facilities, and procedures in place to safeguard such information, and experience in maintaining the confidentiality, security, and appropriate use of such information, pursuant to requirements similar to the requirements of section 6103(p)(4) of the Internal Revenue Code of 1986, and
(C) agrees to satisfy the requirements of such section 6103(p)(4) as if such section applied to such person.
(3) Fees (A) In general The Secretary of Commerce shall establish under section 9701 of title 31 a program for the charge of fees sufficient to cover (but not to exceed) all costs associated with evaluating applications for certification and auditing, inspecting, and monitoring certified persons under the program. Any fees so collected shall be deposited and credited as offsetting collections to the accounts from which such costs are paid.
(B) Report The Secretary of Commerce shall report on an annual basis to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the total fees collected during the preceding year and the cost of administering the certification program under this subsection for such year.
(c) Imposition of penalty (1) In general Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)—
(A) discloses such information to any person other than a person who meets the requirements of subparagraphs (A), (B), and (C) of subsection (b)(2),
(B) discloses such information to any person who uses the information for any purpose not listed under subsection (b)(2)(A) or who further discloses the information to a person who does not meet such requirements, or
(C) uses any such information for any purpose not listed under subsection (b)(2)(A),
and any person to whom such information is disclosed who further discloses or uses such information as described in the preceding subparagraphs, shall pay a penalty of $1,000 for each such disclosure or use.
(2) Limitation on penalty (A) In general The total amount of the penalty imposed under this subsection on any person for any calendar year shall not exceed $250,000.
(B) Exception for willful violations Subparagraph (A) shall not apply in the case of violations under paragraph (1) that the Secretary of Commerce determines to be willful or intentional violations.
(d) Death Master File For purposes of this section, the term “Death Master File” means information on the name, social security account number, date of birth, and date of death of deceased individuals maintained by the Commissioner of Social Security, other than information that was provided to such Commissioner under section 405(r) of this title.
(e) Exemption from Freedom of Information Act requirement with respect to certain records of deceased individuals (1) In general No Federal agency shall be compelled to disclose the information described in subsection (a) to any person who is not certified under the program established under subsection (b).
(2) Treatment of information For purposes of section 552 of title 5, this section shall be considered a statute described in subsection (b)(3) of such section 552.
(f) Effective date (1) In general Except as provided in paragraph (2), this section shall take effect on the date that is 90 days after December 26, 2013.
(2) FOIA exemption Subsection (e) shall take effect on December 26, 2013.
(Pub. L. 11367, div. A, title II, § 203, Dec. 26, 2013, 127 Stat. 1177.)
## Notes
Editorial Notes
References in TextThe Internal Revenue Code of 1986, referred to in subsec. (b)(2)(B), is classified generally to Title 26, Internal Revenue Code.
Codification Section was enacted as part of the Bipartisan Budget Act of 2013, and not as part of the Social Security Act which comprises this chapter.
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# 42 U.S.C. § 1307 - Penalty for fraud
## Text
(a) Whoever, with the intent to defraud any person, shall make or cause to be made any false representation concerning the requirements of this chapter, of chapter 2, 21, or 23 of the Internal Revenue Code of 1986, or of any provision of subtitle F of such Code which corresponds (within the meaning of section 7852(b) of such Code) to a provision contained in subchapter E of chapter 9 of the Internal Revenue Code of 1939, or of any rules or regulations issued thereunder, knowing such representations to be false, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both.
(b) Whoever, with the intent to elicit information as to the social security account number, date of birth, employment, wages, or benefits of any individual (1) falsely represents to the Commissioner of Social Security or the Secretary that he is such individual, or the wife, husband, widow, widower, divorced wife, divorced husband, surviving divorced wife, surviving divorced husband, surviving divorced mother, surviving divorced father, child, or parent of such individual, or the duly authorized agent of such individual, or of the wife, husband, widow, widower, divorced wife, divorced husband, surviving divorced wife, surviving divorced husband, surviving divorced mother, surviving divorced father, child, or parent of such individual, or (2) falsely represents to any person that he is an employee or agent of the United States, shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by a fine not exceeding $10,000 for each occurrence of a violation, or by imprisonment not exceeding 5 years, or both.
(Aug. 14, 1935, ch. 531, title XI, § 1107, as added Aug. 10, 1939, ch. 666, title VIII, § 802, 53 Stat. 1398; amended Aug. 28, 1950, ch. 809, title IV, § 403(e), (f), 64 Stat. 560; Pub. L. 98369, div. B, title VI, § 2663(e)(2)(A), (3), (j)(2)(D)(iii), (l)(1), July 18, 1984, 98 Stat. 1168, 1170, 1171; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103296, title I, § 108(b)(6), title III, § 313(b), Aug. 15, 1994, 108 Stat. 1482, 1530.)
## Notes
Editorial Notes
References in TextSubchapter E of chapter 9 of the Internal Revenue Code of 1939, referred to in subsec. (a), was comprised of sections 1631 to 1636 of the 1939 Code, and was repealed (subject to certain exceptions) by section 7851(a)(1)(A), (3) of the Internal Revenue Code of 1954, Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding section 1 of Title 26, Internal Revenue Code. See also section 7852(b) of Title 26 for provision that references in any other law to a provision of the 1939 Code, unless expressly incompatible with the intent thereof, shall be deemed a reference to the corresponding provision of the 1986 Code. For provision deeming a reference in other laws to a provision of the 1939 Code as a reference to the corresponding provisions of the 1986 Code, see section 7852(b) of the 1986 Code. For table of comparisons of the 1939 Code to the 1986 Code, see table preceding section 1 of Title 26, Internal Revenue Code. The Internal Revenue Code of 1986 is classified generally to Title 26.
Amendments1994—Subsec. (b). Pub. L. 103296, § 313(b), inserted “social security account number,” after “information as to the” and substituted “felony” for “misdemeanor”, “$10,000 for each occurrence of a violation” for “$1,000”, and “5 years” for “one year”. Pub. L. 103296, § 108(b)(6), which directed that subsec. (b) be amended by substituting “the Commissioner of Social Security or the Secretary” for “the Secretary of Health and Human Services”, was executed by making the substitution for “the Secretary” to reflect the probable intent of Congress. 1986—Subsec. (a). Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1984—Subsec. (a). Pub. L. 98369, § 2663(e)(2)(A), substituted “of chapter 2, 21, or 23 of the Internal Revenue Code of 1954, or of any provision of subtitle F of such Code which corresponds (within the meaning of section 7852(b) of such Code) to a provision contained in subchapter E of chapter 9 of the Internal Revenue Code of 1939,” for “subchapter E of chapter 1 or subchapter A, C, or E of chapter 9 of the Internal Revenue Code [of 1939]”. Subsec. (b). Pub. L. 98369, § 2663(l)(1), substituted “Secretary” for “Administrator”. Pub. L. 98369, § 2663(j)(2)(D)(iii), which directed the substitution of “Health and Human Services” for “Health, Education, and Welfare” could not be executed because “Health, Education, and Welfare” did not appear in text. Pub. L. 98369, § 2663(e)(3), substituted “divorced wife, divorced husband, surviving divorced wife, surviving divorced husband, surviving divorced mother, surviving divorced father,” for “former wife divorced,” in two places. 1950—Subsec. (a). Act Aug. 28, 1950, § 403(e), substituted “subchapter E of chapter 1 or subchapter A, C, or E of chapter 9 of the Internal Revenue Code of 1939,” for “the Federal Insurance Contributions Act, or the Federal Unemployment Tax Act,”. Subsec. (b). Act Aug. 28, 1950, § 403(f), substituted “Administrator” for “Board” and “wife, husband, widow, widower, former wife divorced, child, or parent” for “wife, parent, or child” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by section 108(b)(6) of Pub. L. 103296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103296, set out as a note under section 401 of this title. Amendment by section 313(b) of Pub. L. 103296 applicable to violations occurring on or after Aug. 15, 1994, see section 313(c) of Pub. L. 103296, set out as a note under section 1306 of this title.
Effective Date of 1984 AmendmentPub. L. 98369, div. B, title VI, § 2663(e)(2)(B), July 18, 1984, 98 Stat. 1168, provided that: “The amendment made by subparagraph (A) [amending this section] shall not apply to returns filed or representations made on or before the date of the enactment of this Act [July 18, 1984].” Amendment by section 2663(e)(3), (j)(2)(D)(iii), (l)(1) of Pub. L. 98369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98369, set out as a note under section 401 of this title.
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# 42 U.S.C. § 1309 - Amounts disregarded not to be taken into account in determining eligibility of other individuals
## Text
Any amount which is disregarded (or set aside for future needs) in determining the eligibility of and amount of the aid or assistance for any individual under a State plan approved under subchapter I, X, XIV, XVI, or XIX,11 So in original. The comma probably should not appear. shall not be taken into consideration in determining the eligibility of and amount of aid or assistance for any other individual under a State plan approved under any other of such subchapters.
(Aug. 14, 1935, ch. 531, title XI, § 1109, as added July 18, 1952, ch. 945, § 7, 66 Stat. 778; amended Pub. L. 87543, title I, § 141(c), July 25, 1962, 76 Stat. 205; Pub. L. 8997, title I, § 121(c)(2), July 30, 1965, 79 Stat. 352; Pub. L. 90248, title II, § 241(c)(2), Jan. 2, 1968, 81 Stat. 917; Pub. L. 104193, title I, § 108(g)(1), Aug. 22, 1996, 110 Stat. 2168.)
## Notes
Editorial Notes
Amendments1996—Pub. L. 104193 struck out “or part A of subchapter IV,” after “subchapter I, X, XIV, XVI, or XIX,”. 1968—Pub. L. 90248 struck out “IV,” after “I,” and inserted “, or part A of subchapter IV,” after “XIX”. 1965—Pub. L. 8997 substituted requirement that amounts disregarded be not taken into account in determining eligibility of other individuals, for former provisions which had provided that: “Notwithstanding the provisions of sections 302(a)(10)(A), 602(a)(7), 1202(a)(8), 1352(a)(8), and 1382(a)(14) of this title, a State plan approved under subchapter I, IV, X, XIV, or XVI of this chapter may until June 30, 1954, and thereafter shall provide that where earned income has been disregarded in determining the need of an individual receiving aid to the blind under a State plan approved under subchapter X of this chapter, the earned income so disregarded (but not in excess of the amount specified in section 1202(a)(8) of this title) shall not be taken into consideration in determining the need of any other individual for assistance under a State plan approved under subchapter I, IV, X, XIV, or XVI of this chapter”. 1962—Pub. L. 87543 substituted reference to section 302(a)(10)(A) for 302(a)(7) and inserted references to section 1382(a)(14) and subchapter XVI.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104193, as amended, set out as an Effective Date note under section 601 of this title.
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# 42 U.S.C. § 1310 - Cooperative research or demonstration projects
## Text
(a) In general (1) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1957, $5,000,000 and for each fiscal year thereafter such sums as the Congress may determine for (A) making grants to States and public and other organizations and agencies for paying part of the cost of research or demonstration projects such as those relating to the prevention and reduction of dependency, or which will aid in effecting coordination of planning between private and public welfare agencies or which will help improve the administration and effectiveness of programs carried on or assisted under this chapter and programs related thereto, and (B) making contracts or jointly financed cooperative arrangements with States and public and other organizations and agencies for the conduct of research or demonstration projects relating to such matters.
(2) No contract or jointly financed cooperative arrangement shall be entered into, and no grant shall be made, under paragraph (1), until the Secretary (or the Commissioner, with respect to any jointly financed cooperative agreement or grant concerning subchapters II or XVI) obtains the advice and recommendations of specialists who are competent to evaluate the proposed projects as to soundness of their design, the possibilities of securing productive results, the adequacy of resources to conduct the proposed research or demonstrations, and their relationship to other similar research or demonstrations already completed or in process.
(3) Grants and payments under contracts or cooperative arrangements under paragraph (1) may be made either in advance or by way of reimbursement, as may be determined by the Secretary (or the Commissioner, with respect to any jointly financed cooperative agreement or grant concerning subchapter II or XVI); and shall be made in such installments and on such conditions as the Secretary (or the Commissioner, as applicable) finds necessary to carry out the purposes of this subsection.
(b) Limitations and costs (1) The Commissioner is authorized to waive any of the requirements, conditions, or limitations of subchapter XVI (or to waive them only for specified purposes, or to impose additional requirements, conditions, or limitations) to such extent and for such period as the Commissioner finds necessary to carry out one or more experimental, pilot, or demonstration projects which, in the Commissioners judgment, are likely to assist in promoting the objectives or facilitate the administration of such subchapter. Any costs for benefits under or administration of any such project (including planning for the project and the review and evaluation of the project and its results), in excess of those that would have been incurred without regard to the project, shall be met by the Commissioner from amounts available to the Commissioner for this purpose from appropriations made to carry out such subchapter. The costs of any such project which is carried out in coordination with one or more related projects under other subchapters of this chapter shall be allocated among the appropriations available for such projects and any Trust Funds involved, in a manner determined by the Commissioner with respect to the old-age, survivors, and disability insurance programs under subchapter II and the supplemental security income program under subchapter XVI, and by the Secretary with respect to other subchapters of this chapter, taking into consideration the programs (or types of benefit) to which the project (or part of a project) is most closely related or which the project (or part of a project) is intended to benefit. If, in order to carry out a project under this subsection, the Commissioner requests a State to make supplementary payments (or the Commissioner makes them pursuant to an agreement under section 1382e of this title) to individuals who are not eligible therefor, or in amounts or under circumstances in which the State does not make such payments, the Commissioner shall reimburse such State for the non-Federal share of such payments from amounts appropriated to carry out subchapter XVI. If, in order to carry out a project under this subsection, the Secretary requests a State to provide medical assistance under its plan approved under subchapter XIX to individuals who are not eligible therefor, or in amounts or under circumstances in which the State does not provide such medical assistance, the Secretary shall reimburse such State for the non-Federal share of such assistance from amounts appropriated to carry out subchapter XVI, which shall be provided by the Commissioner to the Secretary for this purpose.
(2) With respect to the participation of recipients of supplemental security income benefits in experimental, pilot, or demonstration projects under this subsection—
(A) the Commissioner is not authorized to carry out any project that would result in a substantial reduction in any individuals total income and resources as a result of his or her participation in the project;
(B) the Commissioner may not require any individual to participate in a project; and the Commissioner shall assure (i) that the voluntary participation of individuals in any project is obtained through informed written consent which satisfies the requirements for informed consent established by the Commissioner for use in any experimental, pilot, or demonstration project in which human subjects are at risk, and (ii) that any individuals voluntary agreement to participate in any project may be revoked by such individual at any time;
(C) the Commissioner shall, to the extent feasible and appropriate, include recipients who are under age 18 as well as adult recipients; and
(D) the Commissioner shall include in the projects carried out under this section such experimental, pilot, or demonstration projects as may be necessary to ascertain the feasibility of treating alcoholics and drug addicts to prevent the onset of irreversible medical conditions which may result in permanent disability, including programs in residential care treatment centers.
(c) Survey of use of payments (1) In addition to the amount otherwise appropriated in any other law to carry out subsection (a) for fiscal year 2004, up to $8,500,000 is authorized and appropriated and shall be used by the Commissioner of Social Security under this subsection for purposes of conducting a statistically valid survey to determine how payments made to individuals, organizations, and State or local government agencies that are representative payees for benefits paid under subchapter II or XVI are being managed and used on behalf of the beneficiaries for whom such benefits are paid.
(2) Not later than 18 months after March 2, 2004, the Commissioner of Social Security shall submit a report on the survey conducted in accordance with paragraph (1) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
(Aug. 14, 1935, ch. 531, title XI, § 1110, as added Aug. 1, 1956, ch. 836, title III, § 331, 70 Stat. 850; amended Pub. L. 90248, title II, § 246, Jan. 2, 1968, 81 Stat. 918; Pub. L. 96265, title V, § 505(b), June 9, 1980, 94 Stat. 474; Pub. L. 98369, div. B, title III, § 2331(a), July 18, 1984, 98 Stat. 1088; Pub. L. 99272, title XII, § 12101(d), Apr. 7, 1986, 100 Stat. 283; Pub. L. 103296, title I, § 108(b)(7), Aug. 15, 1994, 108 Stat. 1482; Pub. L. 10533, title V, § 5524, Aug. 5, 1997, 111 Stat. 623; Pub. L. 106170, title IV, § 404(a), Dec. 17, 1999, 113 Stat. 1910; Pub. L. 108203, title I, § 107(a), Mar. 2, 2004, 118 Stat. 506.)
## Notes
Editorial Notes
Amendments2004—Subsec. (c). Pub. L. 108203 added subsec. (c). 1999—Subsec. (a)(3). Pub. L. 106170 substituted “subchapter II or XVI” for “subchapter XVI”. 1997—Subsec. (a)(3). Pub. L. 10533 inserted “(or the Commissioner, with respect to any jointly financed cooperative agreement or grant concerning subchapter XVI)” after “Secretary” the first place appearing and “(or the Commissioner, as applicable)” after “Secretary” the second place appearing. 1994—Subsec. (a)(2). Pub. L. 103296, § 108(b)(7)(B), inserted “(or the Commissioner, with respect to any jointly financed cooperative agreement or grant concerning subchapters II or XVI)” after “Secretary”. Subsec. (b)(1). Pub. L. 103296, § 108(b)(7)(A), (C), in first sentence substituted “The Commissioner” for “The Secretary”, “as the Commissioner” for “as he”, and “in the Commissioners judgment” for “in his judgment”, in second sentence substituted “by the Commissioner” for “by the Secretary” and “available to the Commissioner” for “available to him”, in third sentence substituted “determined by the Commissioner with respect to the old-age, survivors, and disability insurance programs under subchapter II and the supplemental security income program under subchapter XVI, and by the Secretary with respect to other subchapters of this chapter,” for “determined by the Secretary,”, and substituted fourth and fifth sentences for former fourth sentence which read as follows: “If, in order to carry out a project under this subsection, the Secretary requests a State to make supplementary payments (or makes them himself pursuant to an agreement under section 1382e of this title), or to provide medical assistance under its plan approved under subchapter XIX, to individuals who are not eligible therefor, or in amounts or under circumstances in which the State does not make such payments or provide such medical assistance, the Secretary shall reimburse such State for the non-Federal share of such payments or assistance from amounts appropriated to carry out subchapter XVI.” Subsec. (b)(2). Pub. L. 103296, § 108(b)(7)(A), (D), substituted “the Commissioner” for “the Secretary” wherever appearing and “the Commissioner shall” for “he shall” in subpar. (B). Subsec. (b)(3). Pub. L. 103296, § 108(b)(7)(E), struck out par. (3) which read as follows: “All reports of the Secretary with respect to projects carried out under this subsection shall be incorporated into the Secretarys annual report to the Congress required by section 904 of this title.” 1986—Subsec. (b)(3). Pub. L. 99272 added par. (3). 1984—Subsec. (a)(1)(A). Pub. L. 98369 struck out “nonprofit” before first reference to “organizations and agencies”. 1980—Pub. L. 96265 redesignated provisions of subsec. (a) and cls. (1) and (2) thereof as subsec. (a)(1) and cls. (A) and (B) thereof, respectively, redesignated provisions of subsecs. (b) and (c) as subsec. (a)(2) and (3), respectively, added subsec. (b), and made conforming amendments to subsec. (a)(2) and (3) as redesignated. 1968—Subsec. (a). Pub. L. 90248 struck out “nonprofit” before “organizations” in cl. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 AmendmentPub. L. 106170, title IV, § 404(b), Dec. 17, 1999, 113 Stat. 1910, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Social Security Independence and Program Improvements Act of 1994 (Public Law 103296; 108 Stat. 1464).”
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 effective as if included in the enactment of the Social Security Independence and Program Improvements Act of 1994, Pub. L. 103296, see section 5528(b) of Pub. L. 10533, set out as a note under section 903 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103296, set out as a note under section 401 of this title.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99272 effective on first day of month following April 1986, see section 12115 of Pub. L. 99272, set out as a note under section 415 of this title.
Effective Date of 1984 AmendmentPub. L. 98369, div. B, title III, § 2331(c), July 18, 1984, 98 Stat. 1088, provided that: “The amendments made by this section [amending this section and section 1395b1 of this title] shall become effective on the date of the enactment of this Act [July 18, 1984].”
Vocational Rehabilitation Demonstration ProjectsPub. L. 101508, title V, § 5120(a)(e), Nov. 5, 1990, 104 Stat. 1388280, directed Secretary of Health and Human Services to develop and carry out under this section demonstration projects in each of not fewer than three States, with such demonstration projects to be designed to assess the advantages and disadvantages of permitting disabled beneficiaries to select from among both public and private qualified vocational rehabilitation providers, providers of vocational rehabilitation services directed at enabling such beneficiaries to engage in substantial gainful activities, with each such demonstration project to commence as soon as practicable after Nov. 5, 1990, and to remain in operation until the end of fiscal year 1993, and with a final written report to be submitted to Congress not later than Apr. 1, 1994.
Final Report Covering All Experiments and Demonstration ProjectsPub. L. 96265, title V, § 505(c), June 9, 1980, 94 Stat. 475, as amended by Pub. L. 99272, title XII, § 12101(c), Apr. 7, 1986, 100 Stat. 283; Pub. L. 101239, title X, § 10103(a)(3), Dec. 19, 1989, 103 Stat. 2472; Pub. L. 101508, title V, § 5120(f), Nov. 5, 1990, 104 Stat. 1388282; Pub. L. 103296, title I, § 108(m)(3), title III, § 315(a)(3), Aug. 15, 1994, 108 Stat. 1489, 1531, which directed Commissioner to submit to Congress final report with respect to all experiments and demonstration projects carried out under section 505 of Pub. L. 96265, which amended this section and section 401 of this title and enacted provisions formerly set out below (other than demonstration projects conducted under section 5120 of the Omnibus Budget Reconciliation of 1990, Pub. L. 101508, set out above) no later than Oct. 1, 1996, was repealed by Pub. L. 106170, title III, § 301(b)(1)(A), Dec. 17, 1999, 113 Stat. 1902.
Authority for Demonstration Projects; Report to CongressPub. L. 96265, title V, § 505(a)(1)(4), June 9, 1980, 94 Stat. 473, as amended by Pub. L. 99272, title XII, § 12101(a), (b), Apr. 7, 1986, 100 Stat. 282; Pub. L. 101239, title X, § 10103(a)(1), (2), Dec. 19, 1989, 103 Stat. 2472; Pub. L. 103296, title I, § 108(m), title III, § 315(a)(1), (2), Aug. 15, 1994, 108 Stat. 1489, 1531, which authorized Commissioner of Social Security to carry out demonstration projects to determine advantages and disadvantages of alternative methods of treating work activity of disabled beneficiaries under the old age, survivors, and disability insurance program and altering limitations and conditions applicable to such disabled beneficiaries, and required report to Congress on or before June 9, 1986, and in each succeeding year through 1995, was repealed by Pub. L. 106170, title III, § 301(b)(1)(A), Dec. 17, 1999, 113 Stat. 1902. Pub. L. 106170, title III, § 301(b)(2), Dec. 17, 1999, 113 Stat. 1902, provided that: “With respect to any experiment or demonstration project being conducted under section 505(a) of the Social Security Disability Amendments of 1980 [Pub. L. 96265, formerly set out above] (42 U.S.C. 1310 note) as of the date of the enactment of this Act [Dec. 17, 1999], the authority to conduct such experiment or demonstration project (including the terms and conditions applicable to the experiment or demonstration project) shall be treated as if that authority (and such terms and conditions) had been established under section 234 of the Social Security Act [42 U.S.C. 434], as added by subsection (a).”
@@ -0,0 +1,45 @@
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# 42 U.S.C. § 1311 - Public assistance payments to legal representatives
## Text
For purposes of subchapters I, X, XIV, and XVI, and part A of subchapter IV, payments on behalf of an individual, made to another person who has been judicially appointed, under the law of the State in which such individual resides, as legal representative of such individual for the purpose of receiving and managing such payments (whether or not he is such individuals legal representative for other purposes), shall be regarded as money payments to such individual.
(Aug. 14, 1935, ch. 531, title XI, § 1111, as added Pub. L. 85840, title V, § 511(a), Aug. 28, 1958, 72 Stat. 1051; amended Pub. L. 87543, title I, § 141(d), July 25, 1962, 76 Stat. 205; Pub. L. 90248, title II, § 241(c)(3), Jan. 2, 1968, 81 Stat. 917.)
## Notes
Editorial Notes
Amendments1968—Pub. L. 90248 struck out “IV,” after “I,” and inserted “and part A of subchapter IV,” after “XVI,”. 1962—Pub. L. 87543 inserted reference to subchapter XVI.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 85840, title V, § 511(b), Aug. 28, 1958, 72 Stat. 1052, provided that: “The amendment made by subsection (a) [enacting this section] shall be applicable in the case of payments to legal representatives by any State made after June 30, 1958; and to such payments by any State made after December 31, 1955, and prior to July 1, 1958, if certifications for payment to such State have been made by the Secretary of Health, Education, and Welfare [now Health and Human Services] with respect thereto, or such State has presented to the Secretary a claim (and such other data as the Secretary may require) with respect thereto, prior to July 1, 1959.”
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# 42 U.S.C. § 1312 - Medical care guides and reports for public assistance and medical assistance
## Text
In order to assist the States to extend the scope and content, and improve the quality, of medical care and medical services for which payments are made to or on behalf of needy and low-income individuals under this chapter and in order to promote better public understanding about medical care and medical assistance for needy and low-income individuals, the Secretary shall develop and revise from time to time guides or recommended standards as to the level, content, and quality of medical care and medical services for the use of the States in evaluating and improving their public assistance medical care programs and their programs of medical assistance; shall secure periodic reports from the States on items included in, and the quantity of, medical care and medical services for which expenditures under such programs are made; and shall from time to time publish data secured from these reports and other information necessary to carry out the purposes of this section.
(Aug. 14, 1935, ch. 531, title XI, § 1112, as added Pub. L. 86778, title VII, § 705, Sept. 13, 1960, 74 Stat. 995; amended Pub. L. 8997, title IV, § 408(c), July 30, 1965, 79 Stat. 422.)
## Notes
Editorial Notes
Amendments1965—Pub. L. 8997 struck out “for the aged” after “medical assistance”.
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# 42 U.S.C. § 1313 - Assistance for United States citizens returned from foreign countries
## Text
(a) Authorization; reimbursement; utilization of facilities of public or private agencies and organizations (1) The Secretary is authorized to provide temporary assistance to citizens of the United States and to dependents of citizens of the United States, if they (A) are identified by the Department of State as having returned, or been brought, from a foreign country to the United States because of the destitution of the citizen of the United States or the illness of such citizen or any of his dependents or because of war, threat of war, invasion, or similar crisis, and (B) are without available resources.
(2) Except in such cases or classes of cases as are set forth in regulations of the Secretary, provision shall be made for reimbursement to the United States by the recipients of the temporary assistance to cover the cost thereof.
(3) The Secretary may provide assistance under paragraph (1) directly or through utilization of the services and facilities of appropriate public or private agencies and organizations, in accordance with agreements providing for payment, in advance or by way of reimbursement, as may be determined by the Secretary, of the cost thereof. Such cost shall be determined by such statistical, sampling, or other method as may be provided in the agreement.
(b) Plans and arrangements for assistance; consultations The Secretary is authorized to develop plans and make arrangements for provision of temporary assistance within the United States to individuals specified in subsection (a)(1). Such plans shall be developed and such arrangements shall be made after consultation with the Secretary of State, the Attorney General, and the Secretary of Defense. To the extent feasible, assistance provided under subsection (a) shall be provided in accordance with the plans developed pursuant to this subsection, as modified from time to time by the Secretary.
(c) “Temporary assistance” defined For purposes of this section, the term “temporary assistance” means money payments, medical care, temporary billeting, transportation, and other goods and services necessary for the health or welfare of individuals (including guidance, counseling, and other welfare services) furnished to them within the United States upon their arrival in the United States and for such period after their arrival, not exceeding ninety days, as may be provided in regulations of the Secretary; except that assistance under this section may be furnished beyond such ninety-day period in the case of any citizen or dependent upon a finding by the Secretary that the circumstances involved necessitate or justify the furnishing of assistance beyond such period in that particular case.
(d) Maximum total amount of temporary assistance The total amount of temporary assistance provided under this section shall not exceed $1,000,000 during any fiscal year beginning after September 30, 2009, except that, in the case of fiscal years 2021 and 2022, the total amount of such assistance provided during each such fiscal year shall not exceed $10,000,000.
(e) Authority of Secretary to accept gifts (1) The Secretary may accept on behalf of the United States gifts, in cash or in kind, for use in carrying out the program established under this section. Gifts in the form of cash shall be credited to the appropriation account from which this program is funded, in addition to amounts otherwise appropriated, and shall remain available until expended.
(2) Gifts accepted under paragraph (1) shall be available for obligation or other use by the United States only to the extent and in the amounts provided in appropriation Acts.
(Aug. 14, 1935, ch. 531, title XI, § 1113, as added Pub. L. 8764, title III, § 302, June 30, 1961, 75 Stat. 142; amended Pub. L. 87543, title I, § 133, July 25, 1962, 76 Stat. 196; Pub. L. 88347, June 30, 1964, 78 Stat. 236; Pub. L. 9036, § 2, June 29, 1967, 81 Stat. 94; Pub. L. 90248, title V, § 503, Jan. 2, 1968, 81 Stat. 934; Pub. L. 9141, § 4, July 9, 1969, 83 Stat. 45; Pub. L. 9240, July 1, 1971, 85 Stat. 96; Pub. L. 9444, §§ 1, 2, June 28, 1975, 89 Stat. 235; Pub. L. 101382, title I, § 140, Aug. 20, 1990, 104 Stat. 654; Pub. L. 101508, title V, § 5056(a), Nov. 5, 1990, 104 Stat. 1388229; Pub. L. 10811, title I, § 1701, Apr. 16, 2003, 117 Stat. 585; Pub. L. 109250, § 1(a), July 27, 2006, 120 Stat. 652; Pub. L. 111127, § 2, Jan. 27, 2010, 124 Stat. 4; Pub. L. 11557, § 2(a), Sept. 12, 2017, 131 Stat. 1148; Pub. L. 116148, § 2(a), July 13, 2020, 134 Stat. 661; Pub. L. 11739, § 2(a), Aug. 31, 2021, 135 Stat. 336.)
## Notes
Editorial Notes
Amendments2021—Subsec. (d). Pub. L. 11739 substituted “fiscal years 2021 and 2022, the total amount of such assistance provided during each such fiscal year shall not exceed $10,000,000” for “fiscal year 2020, the total amount of such assistance provided during such fiscal year shall not exceed $10,000,000”. 2020—Subsec. (d). Pub. L. 116148 substituted “fiscal year 2020, the total amount of such assistance provided during such fiscal year shall not exceed $10,000,000.” for “fiscal years 2017 and 2018, the total amount of such assistance provided during each such fiscal year shall not exceed $25,000,000.” 2017—Subsec. (d). Pub. L. 11557 substituted “fiscal years 2017 and 2018” for “fiscal year 2010” and “each such fiscal year” for “that fiscal year”. 2010—Subsec. (d). Pub. L. 111127, which directed substitution of “September 30, 2009, except that, in the case of fiscal year 2010, the total amount of such assistance provided during that fiscal year shall not exceed $25,000,000.” for “September, 30, 2003” and all that follows through the end of subsec. (d), was executed by making the substitution for “September 30, 2003, except that, in the case of fiscal year 2006, the total amount of such assistance provided during that fiscal year shall not exceed $6,000,000.”, which did not contain a comma after “September”, to reflect the probable intent of Congress. 2006—Subsec. (d). Pub. L. 109250 inserted “, except that, in the case of fiscal year 2006, the total amount of such assistance provided during that fiscal year shall not exceed $6,000,000” after “2003”. 2003—Subsec. (d). Pub. L. 10811 substituted “2003” for “1991”. 1990—Subsec. (d). Pub. L. 101508, § 5056(a)(1), substituted “after September 30, 1991” for “on or after October 1, 1989”. Pub. L. 101382 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The total amount of temporary assistance provided under this section shall not exceed— “(1) $8,000,000 during the fiscal years ending June 30, 1975, and June 30, 1976, and the succeeding calendar quarter, or “(2) $300,000 during any fiscal year beginning on or after October 1, 1976.” Subsec. (e). Pub. L. 101508, § 5056(a)(2), added subsec. (e). 1975—Subsec. (c). Pub. L. 9444, § 2, set a 90-day limit for assistance following arrival in the United States with provision for furnishing of assistance beyond the 90-day limit upon a finding by the Secretary that the circumstances involved necessitate or justify the furnishing of assistance in that particular case. Subsec. (d). Pub. L. 9444, § 1, substituted provisions setting the maximum total amount of temporary assistance provided under this section for provisions prohibiting temporary assistance after June 30, 1973. 1971—Subsec. (d). Pub. L. 9240 extended termination date from June 30, 1971, to June 30, 1973. 1969—Subsec. (d). Pub. L. 9141 extended termination date from June 30, 1969, to June 30, 1971. 1968—Subsec. (d). Pub. L. 90248 extended termination date from June 30, 1968, to June 30, 1969. 1967—Subsec. (d). Pub. L. 9036 extended termination date from June 30, 1967, to June 30, 1968. 1964—Subsec. (d). Pub. L. 88347 extended termination date from June 30, 1964, to June 30, 1967. 1962—Subsec. (d). Pub. L. 87543 extended termination date from June 30, 1962, to June 30, 1964.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentPub. L. 101508, title V, § 5056(b), Nov. 5, 1990, 104 Stat. 1388230, provided that: “The amendments made by subsection (a) [amending this section] shall be effective for fiscal years beginning after September 30, 1989.”
Limit on Direct Contact With Repatriated Individuals During COVID19 Emergency PeriodPub. L. 116148, § 3, July 13, 2020, 134 Stat. 661, provided that: “During the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b5(g)(1)(B)), in providing temporary assistance under section 1113 of such Act (42 U.S.C. 1313), no employee of the Administration for Children and Families of the Department of Health and Human Services shall have direct, in-person contact with an individual specified in section 1113(a)(1) of such Act (42 U.S.C. 1313(a)(1)), except in the case of a uniformed member of the Regular Corps or the Ready Reserve Corps of the Commissioned Corps of the Public Health Service (as described in section 203 of the Public Health Service Act (42 U.S.C. 204)) in an active duty status who, as determined by the Secretary of Health and Human Services, has— “(1) received appropriate training on infection prevention and control; and “(2) access to appropriate personal protective equipment.”
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# 42 U.S.C. § 1314 - Public advisory groups
## Text
(a) Advisory Council on Public Welfare; appointment and functions of initial Council The Secretary shall, during 1964, appoint an Advisory Council on Public Welfare for the purpose of reviewing the administration of the public assistance and child welfare services programs for which funds are appropriated pursuant to this chapter and making recommendations for improvement of such administration, and reviewing the status of and making recommendations with respect to the public assistance programs for which funds are so appropriated, especially in relation to the old-age, survivors, and disability insurance program, with respect to the fiscal capacities of the States and the Federal Government, and with respect to any other matters bearing on the amount and proportion of the Federal and State shares in the public assistance and child welfare services programs.
(b) Membership and representation of interests on initial Council The Council shall be appointed by the Secretary without regard to the provisions of title 5 governing appointments in the competitive service and shall consist of twelve persons who shall, to the extent possible, be representatives of employers and employees in equal numbers, representatives of State or Federal agencies concerned with the administration or financing of the public assistance and child welfare services programs, representatives of nonprofit private organizations concerned with social welfare programs, other persons with special knowledge, experience, or qualifications with respect to such programs, and members of the public.
(c) Technical and other assistance for initial Council; availability of data The Council is authorized to engage such technical assistance as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Council such secretarial, clerical, and other assistance and such pertinent data prepared by the Department of Health and Human Services as it may require to carry out such functions.
(d) Termination of initial Councils existence on submission of report The Council shall make a report of its findings and recommendations (including recommendations for changes in the provisions of this chapter) to the Secretary, such report to be submitted not later than July 1, 1966, after which date such Council shall cease to exist.
(e) Succeeding Councils; appointment; functions; membership; representation of interests; assistance and data; termination The Secretary shall also from time to time thereafter appoint an Advisory Council on Public Welfare, with the same functions and constituted in the same manner as prescribed for the Advisory Council in the preceding subsections of this section. Each Council so appointed shall report its findings and recommendations, as prescribed in subsection (d), not later than July 1 of the second year after the year in which it is appointed, after which date such Council shall cease to exist.
(f) Advisory committees; functions; reports by Secretary The Secretary may also appoint, without regard to the provisions of title 5 governing appointments in the competitive service, such advisory committees as he may deem advisable to advise and consult with him in carrying out any of his functions under this chapter. The Secretary shall report to the Congress annually on the number of such committees and on the membership and activities of each such committee.
(g) Compensation and travel expenses Members of the Council or of any advisory committee appointed under this section who are not regular full-time employees of the United States shall, while serving on business of the Council or any such committee, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $75 per day, including travel time; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in Government service employed intermittently.
(h) Exemption from conflict of interest laws of members of Council or advisory committees; exceptions (1) Any member of the Council or any advisory committee appointed under this chapter, who is not a regular full-time employee of the United States, is hereby exempted, with respect to such appointment, from the operation of sections 203, 205, and 209 of title 18, except as otherwise specified in paragraph (2) of this subsection.
(2) The exemption granted by paragraph (1) shall not extend—
(A) to the receipt or payment of salary in connection with the appointees Government service from any source other than the employer of the appointee at the time of his appointment, or
(B) during the period of such appointment, to the prosecution or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter with which such person, during such period, is or was directly connected by reason of such appointment.
(Aug. 14, 1935, ch. 531, title XI, § 1114, as added Pub. L. 87543, title I, § 121, July 25, 1962, 76 Stat. 190; amended Pub. L. 90248, title IV, § 403(e), Jan. 2, 1968, 81 Stat. 932; Pub. L. 98369, div. B, title VI, § 2663(e)(4), (j)(2)(D)(iv), July 18, 1984, 98 Stat. 1168, 1170; Pub. L. 106554, § 1(a)(6) [title V, § 522(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A546; Pub. L. 108173, title IX, § 948(a)(1)(A), Dec. 8, 2003, 117 Stat. 2425.)
## Notes
Editorial Notes
Amendments2003—Subsec. (i). Pub. L. 108173 redesignated and transferred subsec. (i) of this section to subsec. (j) of section 1395y of this title. 2000—Subsec. (i). Pub. L. 106554 added subsec. (i). 1984—Subsec. (c). Pub. L. 98369, § 2663(j)(2)(D)(iv), substituted “Health and Human Services” for “Health, Education, and Welfare”. Subsec. (g). Pub. L. 98369, § 2663(e)(4)(A), made technical correction of typographical error resulting in no change in text. Subsec. (h)(1). Pub. L. 98369, § 2663(e)(4)(B), substituted “sections 203, 205, and 209 of title 18” for “sections 281, 283, and 1914 of title 18 and section 190 of the Revised Statutes (5 U.S.C. 99)”. 1968—Subsecs. (b), (f). Pub. L. 90248, § 403(e)(1), (2), substituted “provisions of title 5, governing appointments in the competitive service” for “civil-service laws”. Subsec. (g). Pub. L. 90248, § 403(e)(3), substituted “section 5703 of title 5” for “section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b2)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 AmendmentPub. L. 108173, title IX, § 948(e), Dec. 8, 2003, 117 Stat. 2426, provided that: “Except as otherwise provided, the amendments made by this section [amending this section and sections 1320c3, 1395w22, 1395y, and 1395ff of this title] shall be effective as if included in the enactment of BIPA [the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as enacted by section 1(a)(6) of Public Law 106554].”
Effective Date of 2000 AmendmentPub. L. 106554, § 1(a)(6) [title V, § 522(d)], Dec. 21, 2000, 114 Stat. 2763, 2763A547, provided that: “The amendments made by this section [amending this section and sections 1395y and 1395ff of this title] shall apply with respect to—“(1) a review of any national or local coverage determination filed, “(2) a request to make such a determination made, and “(3) a national coverage determination made, on or after October 1, 2001.”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98369, set out as a note under section 401 of this title.
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
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# 42 U.S.C. § 1314a - Measurement and reporting of welfare receipt
## Text
(a) Congressional policy The Congress hereby declares that—
(1) it is the policy and responsibility of the Federal Government to reduce the rate at which and the degree to which families depend on income from welfare programs and the duration of welfare receipt, consistent with other essential national goals;
(2) it is the policy of the United States to strengthen families, to ensure that children grow up in families that are economically self-sufficient and that the life prospects of children are improved, and to underscore the responsibility of parents to support their children;
(3) the Federal Government should help welfare recipients as well as individuals at risk of welfare receipt to improve their education and job skills, to obtain child care and other necessary support services, and to take such other steps as may be necessary to assist them to become financially independent; and
(4) it is the purpose of this section to provide the public with generally accepted measures of welfare receipt so that it can track such receipt over time and determine whether progress is being made in reducing the rate at which and, to the extent feasible, the degree to which, families depend on income from welfare programs and the duration of welfare receipt.
(b) Development of welfare indicators and predictors The Secretary of Health and Human Services (in this section referred to as the “Secretary”) in consultation with the Secretary of Agriculture shall—
(1) develop—
(A) indicators of the rate at which and, to the extent feasible, the degree to which, families depend on income from welfare programs and the duration of welfare receipt; and
(B) predictors of welfare receipt;
(2) assess the data needed to report annually on the indicators and predictors, including the ability of existing data collection efforts to provide such data and any additional data collection needs; and
(3) not later than 2 years after October 31, 1994, provide an interim report containing conclusions resulting from the development and assessment described in paragraphs (1) and (2), to—
(A) the Committee on Ways and Means of the House of Representatives;
(B) the Committee on Education and Labor of the House of Representatives;
(C) the Committee on Agriculture of the House of Representatives;
(D) the Committee on Commerce of the House of Representatives;
(E) the Committee on Finance of the Senate;
(F) the Committee on Labor and Human Resources of the Senate; and
(G) the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(c) Advisory Board on Welfare Indicators (1) Establishment There is established an Advisory Board on Welfare Indicators (in this subsection referred to as the “Board”).
(2) Composition The Board shall be composed of 12 members with equal numbers to be appointed by the House of Representatives, the Senate, and the President. The Board shall be composed of experts in the fields of welfare research and welfare statistical methodology, representatives of State and local welfare agencies, and organizations concerned with welfare issues.
(3) Vacancies Any vacancy occurring in the membership of the Board shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Board.
(4) Duties Duties of the Board shall include—
(A) providing advice and recommendations to the Secretary on the development of indicators of the rate at which and, to the extent feasible, the degree to which, families depend on income from welfare programs and the duration of welfare receipt; and
(B) providing advice on the development and presentation of annual reports required under subsection (d).
(5) Travel expenses Members of the Board shall not be compensated, but shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 for each day the member is engaged in the performance of duties away from the home or regular place of business of the member.
(6) Detail of Federal employees The Secretary shall detail, without reimbursement, any of the personnel of the Department of Health and Human Services to the Board to assist the Board in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee.
(7) Voluntary service Notwithstanding section 1342 of title 31, the Board may accept the voluntary services provided by a member of the Board.
(8) Termination of Board The Board shall be terminated at such time as the Secretary determines the duties described in paragraph (4) have been completed, but in any case prior to the submission of the first report required under subsection (d).
(d) Annual welfare indicators report (1) Preparation The Secretary shall prepare annual reports on welfare receipt in the United States.
(2) Coverage The report shall include analysis of families and individuals receiving assistance under means-tested benefit programs, including the program of aid to families with dependent children under part A of subchapter IV of this chapter, the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), and the Supplemental Security Income program under subchapter XVI of this chapter, or as general assistance under programs administered by State and local governments.
(3) Contents Each report shall set forth for each of the means-tested benefit programs described in paragraph (2)—
(A) indicators of—
(i) the rate at which and, to the extent feasible, the degree to which, families depend on income from welfare programs, and
(ii) the duration of welfare receipt;
(B) trends in indicators;
(C) predictors of welfare receipt;
(D) the causes of welfare receipt;
(E) patterns of multiple program receipt;
(F) such other information as the Secretary deems relevant; and
(G) such recommendations for legislation, which shall not include proposals to reduce eligibility levels or impose barriers to program access, as the Secretary may determine to be necessary or desirable to reduce—
(i) the rate at which and the degree to which families depend on income from welfare programs, and
(ii) the duration of welfare receipt.
(4) Submission The Secretary shall submit such a report not later than 3 years after October 31, 1994, and annually thereafter, to the committees specified in subsection (b)(3). Each such report shall be transmitted during the first 60 days of each regular session of Congress.
(e) Short title This section may be cited as the “Welfare Indicators Act of 1994”.
(Pub. L. 103432, title II, § 232, Oct. 31, 1994, 108 Stat. 4462; Pub. L. 105200, title IV, § 410(h), July 16, 1998, 112 Stat. 674; Pub. L. 110234, title IV, § 4002(b)(1)(A), (B), (2)(X), May 22, 2008, 122 Stat. 10951097; Pub. L. 110246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(X), June 18, 2008, 122 Stat. 1664, 1857, 1859.)
## Notes
Editorial Notes
References in TextThe Food and Nutrition Act of 2008, referred to in subsec. (d)(2), is Pub. L. 88525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.
Codification Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246. Section was enacted as part of the Social Security Act Amendments of 1994, and not as part of the Social Security Act which comprises this chapter.
Amendments2008—Subsec. (d)(2). Pub. L. 110246, § 4002(b)(1)(A), (B), (2)(X), substituted “supplemental nutrition assistance program” for “food stamp program” and “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”. 1998—Subsec. (b)(3)(D). Pub. L. 105200, § 410(h)(1), struck out “Energy and” before “Commerce”. Subsec. (d)(4). Pub. L. 105200, § 410(h)(2), substituted “subsection (b)(3)” for “subsection (b)(3)(C)”.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.
Effective Date of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, except as otherwise provided, see section 4 of Pub. L. 110246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(A), (B), (2)(X) of Pub. L. 110246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110246, set out as a note under section 1161 of Title 2, The Congress.
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# 42 U.S.C. § 1314b - National Advisory Committee on the Sex Trafficking of Children and Youth in the United States
## Text
(a) Official designation This section relates to the National Advisory Committee on the Sex Trafficking of Children and Youth in the United States (in this section referred to as the “Committee”).
(b) Authority Not later than 2 years after September 29, 2014, the Secretary shall establish and appoint all members of the Committee.
(c) Membership (1) Composition The Committee shall be composed of not more than 21 members whose diverse experience and background enable them to provide balanced points of view with regard to carrying out the duties of the Committee.
(2) Selection The Secretary, in consultation with the Attorney General and National Governors Association, shall appoint the members to the Committee. At least 1 Committee member shall be a former sex trafficking victim. 2 Committee members shall be a Governor of a State, 1 of whom shall be a member of the Democratic Party and 1 of whom shall be a member of the Republican Party.
(3) Period of appointment; vacancies Members shall be appointed for the life of the Committee. A vacancy in the Committee shall be filled in the manner in which the original appointment was made and shall not affect the powers or duties of the Committee.
(4) Compensation Committee members shall serve without compensation or per diem in lieu of subsistence.
(d) Duties (1) National response The Committee shall advise the Secretary and the Attorney General on practical and general policies concerning improvements to the Nations response to the sex trafficking of children and youth in the United States.
(2) Policies for cooperation The Committee shall advise the Secretary and the Attorney General on practical and general policies concerning the cooperation of Federal, State, local, and tribal governments, child welfare agencies, social service providers, physical health and mental health providers, victim service providers, State or local courts with responsibility for conducting or supervising proceedings relating to child welfare or social services for children and their families, Federal, State, and local police, juvenile detention centers, and runaway and homeless youth programs, schools, the gaming and entertainment industry, and businesses and organizations that provide services to youth, on responding to sex trafficking, including the development and implementation of—
(A) successful interventions with children and youth who are exposed to conditions that make them vulnerable to, or victims of, sex trafficking; and
(B) recommendations for administrative or legislative changes necessary to use programs, properties, or other resources owned, operated, or funded by the Federal Government to provide safe housing for children and youth who are sex trafficking victims and provide support to entities that provide housing or other assistance to the victims.
(3) Best practices and recommendations for States (A) In general Within 2 years after the establishment of the Committee, the Committee shall develop 2 tiers (referred to in this subparagraph as “Tier I” and “Tier II”) of recommended best practices for States to follow in combating the sex trafficking of children and youth. Tier I shall provide States that have not yet substantively addressed the sex trafficking of children and youth with an idea of where to begin and what steps to take. Tier II shall provide States that are already working to address the sex trafficking of children and youth with examples of policies that are already being used effectively by other States to address sex trafficking.
(B) Development The best practices shall be based on multidisciplinary research and promising, evidence-based models and programs as reflected in State efforts to meet the requirements of sections 101 and 102 of the Preventing Sex Trafficking and Strengthening Families Act.
(C) Content The best practices shall be user-friendly, incorporate the most up-to-date technology, and include the following:
(i) Sample training materials, protocols, and screening tools that, to the extent possible, accommodate for regional differences among the States, to prepare individuals who administer social services to identify and serve children and youth who are sex trafficking victims or at-risk of sex trafficking.
(ii) Multidisciplinary strategies to identify victims, manage cases, and improve services for all children and youth who are at risk of sex trafficking, or are sex trafficking victims, in the United States.
(iii) Sample protocols and recommendations based on current States efforts, accounting for regional differences between States that provide for effective, cross-system collaboration between Federal, State, local, and tribal governments, child welfare agencies, social service providers, physical health and mental health providers, victim service providers, State or local courts with responsibility for conducting or supervising proceedings relating to child welfare or social services for children and their families, the gaming and entertainment industry, Federal, State, and local police, juvenile detention centers and runaway and homeless youth programs, housing resources that are appropriate for housing child and youth victims of trafficking, schools, and businesses and organizations that provide services to children and youth. These protocols and recommendations should include strategies to identify victims and collect, document, and share data across systems and agencies, and should be designed to help agencies better understand the type of sex trafficking involved, the scope of the problem, the needs of the population to be served, ways to address the demand for trafficked children and youth and increase prosecutions of traffickers and purchasers of children and youth, and the degree of victim interaction with multiple systems.
(iv) Developing the criteria and guidelines necessary for establishing safe residential placements for foster children who have been sex trafficked as well as victims of trafficking identified through interaction with law enforcement.
(v) Developing training guidelines for caregivers that serve children and youth being cared for outside the home.
(D) Informing States of best practices The Committee, in coordination with the National Governors Association, Secretary and Attorney General, shall ensure that State Governors and child welfare agencies are notified and informed on a quarterly basis of the best practices and recommendations for States, and notified 6 months in advance that the Committee will be evaluating the extent to which States adopt the Committees recommendations.
(E) Report on State implementation Within 3 years after the establishment of the Committee, the Committee shall submit to the Secretary and the Attorney General, as part of its final report as well as for online and publicly available publication, a description of what each State has done to implement the recommendations of the Committee.
(e) Reports (1) In general The Committee shall submit an interim and a final report on the work of the Committee to—
(A) the Secretary;
(B) the Attorney General;
(C) the Committee on Finance of the Senate; and
(D) the Committee on Ways and Means of the House of Representatives.
(2) Reporting dates The interim report shall be submitted not later than 3 years after the establishment of the Committee. The final report shall be submitted not later than 4 years after the establishment of the Committee.
(f) Administration (1) Agency support The Secretary shall direct the head of the Administration for Children and Families of the Department of Health and Human Services to provide all necessary support for the Committee.
(2) Meetings (A) In general The Committee will meet at the call of the Secretary at least twice each year to carry out this section, and more often as otherwise required.
(B) Accommodation for Committee members unable to attend in person The Secretary shall create a process through which Committee members who are unable to travel to a Committee meeting in person may participate remotely through the use of video conference, teleconference, online, or other means.
(3) Subcommittees The Committee may establish subcommittees or working groups, as necessary and consistent with the mission of the Committee. The subcommittees or working groups shall have no authority to make decisions on behalf of the Committee, nor shall they report directly to any official or entity listed in subsection (d).
(4) Recordkeeping The records of the Committee and any subcommittees and working groups shall be maintained in accordance with appropriate Department of Health and Human Services policies and procedures and shall be available for public inspection and copying, subject to the Freedom of Information Act (5 U.S.C. 552).
(g) Termination The Committee shall terminate 5 years after the date of its establishment, but the Secretary shall continue to operate and update, as necessary, an Internet website displaying the State best practices, recommendations, and evaluation of State-by-State implementation of the Secretarys recommendations.
(h) Definition For the purpose of this section, the term “sex trafficking” includes the definition set forth in section 7102(10) 11 See References in Text note below. of title 22 and “severe form of trafficking in persons” described in section 7102(9)(A) 1 of title 22.
(Aug. 14, 1935, ch. 531, title XI, § 1114A, as added Pub. L. 113183, title I, § 121, Sept. 29, 2014, 128 Stat. 1931.)
## Notes
Editorial Notes
References in TextSections 101 and 102 of the Preventing Sex Trafficking and Strengthening Families Act, referred to in subsec. (d)(3)(B), are sections 101 and 102 of Pub. L. 113183. Section 101 amended sections 671 and 675 of this title. Section 102 amended section 671 of this title. Section 7102(9)(A) and (10) of title 22, referred to in subsec. (h), was redesignated section 7102(11)(A) and (12), respectively, of title 22 by Pub. L. 115427, § 2(1), Jan. 9, 2019, 132 Stat. 5503.
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# 42 U.S.C. § 1315a - Center for Medicare and Medicaid Innovation
## Text
(a) Center for Medicare and Medicaid Innovation established (1) In general There is created within the Centers for Medicare & Medicaid Services a Center for Medicare and Medicaid Innovation (in this section referred to as the “CMI”) to carry out the duties described in this section. The purpose of the CMI is to test innovative payment and service delivery models to reduce program expenditures under the applicable subchapters while preserving or enhancing the quality of care furnished to individuals under such subchapters. In selecting such models, the Secretary shall give preference to models that also improve the coordination, quality, and efficiency of health care services furnished to applicable individuals defined in paragraph (4)(A).
(2) Deadline The Secretary shall ensure that the CMI is carrying out the duties described in this section by not later than January 1, 2011.
(3) Consultation In carrying out the duties under this section, the CMI shall consult representatives of relevant Federal agencies, and clinical and analytical experts with expertise in medicine and health care management. The CMI shall use open door forums or other mechanisms to seek input from interested parties.
(4) Definitions In this section:
(A) Applicable individual The term “applicable individual” means—
(i) an individual who is entitled to, or enrolled for, benefits under part A of subchapter XVIII or enrolled for benefits under part B of such subchapter;
(ii) an individual who is eligible for medical assistance under subchapter XIX, under a State plan or waiver; or
(iii) an individual who meets the criteria of both clauses (i) and (ii).
(B) Applicable subchapter The term “applicable subchapter” means subchapter XVIII, subchapter XIX, or both.
(5) Testing within certain geographic areas For purposes of testing payment and service delivery models under this section, the Secretary may elect to limit testing of a model to certain geographic areas.
(b) Testing of models (phase I) (1) In general The CMI shall test payment and service delivery models in accordance with selection criteria under paragraph (2) to determine the effect of applying such models under the applicable subchapter (as defined in subsection (a)(4)(B)) on program expenditures under such subchapters and the quality of care received by individuals receiving benefits under such subchapter.
(2) Selection of models to be tested (A) In general The Secretary shall select models to be tested from models where the Secretary determines that there is evidence that the model addresses a defined population for which there are deficits in care leading to poor clinical outcomes or potentially avoidable expenditures. The Secretary shall focus on models expected to reduce program costs under the applicable subchapter while preserving or enhancing the quality of care received by individuals receiving benefits under such subchapter. The models selected under this subparagraph may include, but are not limited to, the models described in subparagraph (B).
(B) Opportunities The models described in this subparagraph are the following models:
(i) Promoting broad payment and practice reform in primary care, including patient-centered medical home models for high-need applicable individuals, medical homes that address womens unique health care needs, and models that transition primary care practices away from fee-for-service based reimbursement and toward comprehensive payment or salary-based payment.
(ii) Contracting directly with groups of providers of services and suppliers to promote innovative care delivery models, such as through risk-based comprehensive payment or salary-based payment.
(iii) Utilizing geriatric assessments and comprehensive care plans to coordinate the care (including through interdisciplinary teams) of applicable individuals with multiple chronic conditions and at least one of the following:
(I) An inability to perform 2 or more activities of daily living.
(II) Cognitive impairment, including dementia.
(iv) Promote 11 So in original. Probably should be “Promoting”. care coordination between providers of services and suppliers that transition health care providers away from fee-for-service based reimbursement and toward salary-based payment.
(v) Supporting care coordination for chronically-ill applicable individuals at high risk of hospitalization through a health information technology-enabled provider network that includes care coordinators, a chronic disease registry, and home tele-health technology.
(vi) Varying payment to physicians who order advanced diagnostic imaging services (as defined in section 1395m(e)(1)(B) of this title) according to the physicians adherence to appropriateness criteria for the ordering of such services, as determined in consultation with physician specialty groups and other relevant stakeholders.
(vii) Utilizing medication therapy management services, such as those described in section 299b35 of this title.
(viii) Establishing community-based health teams to support small-practice medical homes by assisting the primary care practitioner in chronic care management, including patient self-management, activities.
(ix) Assisting applicable individuals in making informed health care choices by paying providers of services and suppliers for using patient decision-support tools, including tools that meet the standards developed and identified under section 299b36(c)(2)(A) of this title, that improve applicable individual and caregiver understanding of medical treatment options.
(x) Allowing States to test and evaluate fully integrating care for dual eligible individuals in the State, including the management and oversight of all funds under the applicable subchapters with respect to such individuals.
(xi) Allowing States to test and evaluate systems of all-payer payment reform for the medical care of residents of the State, including dual eligible individuals.
(xii) Aligning nationally recognized, evidence-based guidelines of cancer care with payment incentives under subchapter XVIII in the areas of treatment planning and follow-up care planning for applicable individuals described in clause (i) or (iii) of subsection (a)(4)(A) with cancer, including the identification of gaps in applicable quality measures.
(xiii) Improving post-acute care through continuing care hospitals that offer inpatient rehabilitation, long-term care hospitals, and home health or skilled nursing care during an inpatient stay and the 30 days immediately following discharge.
(xiv) Funding home health providers who offer chronic care management services to applicable individuals in cooperation with interdisciplinary teams.
(xv) Promoting improved quality and reduced cost by developing a collaborative of high-quality, low-cost health care institutions that is responsible for—
(I) developing, documenting, and disseminating best practices and proven care methods;
(II) implementing such best practices and proven care methods within such institutions to demonstrate further improvements in quality and efficiency; and
(III) providing assistance to other health care institutions on how best to employ such best practices and proven care methods to improve health care quality and lower costs.
(xvi) Facilitate inpatient care, including intensive care, of hospitalized applicable individuals at their local hospital through the use of electronic monitoring by specialists, including intensivists and critical care specialists, based at integrated health systems.
(xvii) Promoting greater efficiencies and timely access to outpatient services (such as outpatient physical therapy services) through models that do not require a physician or other health professional to refer the service or be involved in establishing the plan of care for the service, when such service is furnished by a health professional who has the authority to furnish the service under existing State law.
(xviii) Establishing comprehensive payments to Healthcare Innovation Zones, consisting of groups of providers that include a teaching hospital, physicians, and other clinical entities, that, through their structure, operations, and joint-activity deliver a full spectrum of integrated and comprehensive health care services to applicable individuals while also incorporating innovative methods for the clinical training of future health care professionals.
(xix) Utilizing, in particular in entities located in medically underserved areas and facilities of the Indian Health Service (whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in section 1603 of title 25)), telehealth services—
(I) in treating behavioral health issues (such as post-traumatic stress disorder) and stroke; and
(II) to improve the capacity of non-medical providers and non-specialized medical providers to provide health services for patients with chronic complex conditions.
(xx) Utilizing a diverse network of providers of services and suppliers to improve care coordination for applicable individuals described in subsection (a)(4)(A)(i) with 2 or more chronic conditions and a history of prior-year hospitalization through interventions developed under the Medicare Coordinated Care Demonstration Project under section 4016 of the Balanced Budget Act of 1997 (42 U.S.C. 1395b1 note).
(xxi) Focusing primarily on physicians services (as defined in section 1395w4(j)(3) of this title) furnished by physicians who are not primary care practitioners.
(xxii) Focusing on practices of 15 or fewer professionals.
(xxiii) Focusing on risk-based models for small physician practices which may involve two-sided risk and prospective patient assignment, and which examine risk-adjusted decreases in mortality rates, hospital readmissions rates, and other relevant and appropriate clinical measures.
(xxiv) Focusing primarily on subchapter XIX, working in conjunction with the Center for Medicaid and CHIP Services.
(xxv) Providing, for the adoption and use of certified EHR technology (as defined in section 1395w4(o)(4) of this title) to improve the quality and coordination of care through the electronic documentation and exchange of health information, incentive payments to behavioral health providers (such as psychiatric hospitals (as defined in section 1395x(f) of this title), community mental health centers (as defined in section 1395x(ff)(3)(B) of this title), hospitals that participate in a State plan under subchapter XIX or a waiver of such plan, treatment facilities that participate in such a State plan or such a waiver, mental health or substance use disorder providers that participate in such a State plan or such a waiver, clinical psychologists (as defined in section 1395x(ii) of this title), nurse practitioners (as defined in section 1395x(aa)(5) of this title) with respect to the provision of psychiatric services, and clinical social workers (as defined in section 1395x(hh)(1) of this title)).
(xxvi) Supporting ways to familiarize individuals with the availability of coverage under part B of subchapter XVIII for qualified psychologist services (as defined in section 1395x(ii) of this title).
(xxvii) Exploring ways to avoid unnecessary hospitalizations or emergency department visits for mental and behavioral health services (such as for treating depression) through use of a 24-hour, 7-day a week help line that may inform individuals about the availability of treatment options, including the availability of qualified psychologist services (as defined in section 1395x(ii) of this title).
(C) Additional factors for consideration In selecting models for testing under subparagraph (A), the CMI may consider the following additional factors:
(i) Whether the model includes a regular process for monitoring and updating patient care plans in a manner that is consistent with the needs and preferences of applicable individuals.
(ii) Whether the model places the applicable individual, including family members and other informal caregivers of the applicable individual, at the center of the care team of the applicable individual.
(iii) Whether the model provides for in-person contact with applicable individuals.
(iv) Whether the model utilizes technology, such as electronic health records and patient-based remote monitoring systems, to coordinate care over time and across settings.
(v) Whether the model provides for the maintenance of a close relationship between care coordinators, primary care practitioners, specialist physicians, community-based organizations, and other providers of services and suppliers.
(vi) Whether the model relies on a team-based approach to interventions, such as comprehensive care assessments, care planning, and self-management coaching.
(vii) Whether, under the model, providers of services and suppliers are able to share information with patients, caregivers, and other providers of services and suppliers on a real time basis.
(viii) Whether the model demonstrates effective linkage with other public sector payers, private sector payers, or statewide payment models.
(3) Budget neutrality (A) Initial period The Secretary shall not require, as a condition for testing a model under paragraph (1), that the design of such model ensure that such model is budget neutral initially with respect to expenditures under the applicable subchapter.
(B) Termination or modification The Secretary shall terminate or modify the design and implementation of a model unless the Secretary determines (and the Chief Actuary of the Centers for Medicare & Medicaid Services, with respect to program spending under the applicable subchapter, certifies), after testing has begun, that the model is expected to—
(i) improve the quality of care (as determined by the Administrator of the Centers for Medicare & Medicaid Services) without increasing spending under the applicable subchapter;
(ii) reduce spending under the applicable subchapter without reducing the quality of care; or
(iii) improve the quality of care and reduce spending.
Such termination may occur at any time after such testing has begun and before completion of the testing.
(4) Evaluation (A) In general The Secretary shall conduct an evaluation of each model tested under this subsection. Such evaluation shall include an analysis of—
(i) the quality of care furnished under the model, including the measurement of patient-level outcomes and patient-centeredness criteria determined appropriate by the Secretary; and
(ii) the changes in spending under the applicable subchapters by reason of the model.
(B) Information The Secretary shall make the results of each evaluation under this paragraph available to the public in a timely fashion and may establish requirements for States and other entities participating in the testing of models under this section to collect and report information that the Secretary determines is necessary to monitor and evaluate such models.
(C) Measure selection To the extent feasible, the Secretary shall select measures under this paragraph that reflect national priorities for quality improvement and patient-centered care consistent with the measures described in 22 So in original. Probably should be “in section”. 1395aaa(b)(7)(B) of this title.
(c) Expansion of models (phase II) Taking into account the evaluation under subsection (b)(4), the Secretary may, through rulemaking, expand (including implementation on a nationwide basis) the duration and the scope of a model that is being tested under subsection (b) or a demonstration project under section 1395cc3 of this title, to the extent determined appropriate by the Secretary, if—
(1) the Secretary determines that such expansion is expected to—
(A) reduce spending under applicable 33 So in original. Probably should be preceded by “the”. subchapter without reducing the quality of care; or
(B) improve the quality of patient care without increasing spending;
(2) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that such expansion would reduce (or would not result in any increase in) net program spending under applicable subchapters; and
(3) the Secretary determines that such expansion would not deny or limit the coverage or provision of benefits under the applicable subchapter for applicable individuals.
In determining which models or demonstration projects to expand under the preceding sentence, the Secretary shall focus on models and demonstration projects that improve the quality of patient care and reduce spending.
(d) Implementation (1) Waiver authority The Secretary may waive such requirements of subchapters XI and XVIII and of sections 1396a(a)(1), 1396a(a)(13), 1396b(m)(2)(A)(iii), and 1396u4 (other than subsections (b)(1)(A) and (c)(5) of such section) of this title as may be necessary solely for purposes of carrying out this section with respect to testing models described in subsection (b).
(2) Limitations on review There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of—
(A) the selection of models for testing or expansion under this section;
(B) the selection of organizations, sites, or participants to test those models selected;
(C) the elements, parameters, scope, and duration of such models for testing or dissemination;
(D) determinations regarding budget neutrality under subsection (b)(3);
(E) the termination or modification of the design and implementation of a model under subsection (b)(3)(B); and
(F) determinations about expansion of the duration and scope of a model under subsection (c), including the determination that a model is not expected to meet criteria described in paragraph (1) or (2) of such subsection.
(3) Administration Chapter 35 of title 44 shall not apply to the testing and evaluation of models or expansion of such models under this section.
(e) Application to CHIP The Center may carry out activities under this section with respect to subchapter XXI in the same manner as provided under this section with respect to the program under the applicable subchapters.
(f) Funding (1) In general There are appropriated, from amounts in the Treasury not otherwise appropriated—
(A) $5,000,000 for the design, implementation, and evaluation of models under subsection (b) for fiscal year 2010;
(B) $10,000,000,000 for the activities initiated under this section for the period of fiscal years 2011 through 2019; and
(C) the amount described in subparagraph (B) for the activities initiated under this section for each subsequent 10-year fiscal period (beginning with the 10-year fiscal period beginning with fiscal year 2020).
Amounts appropriated under the preceding sentence shall remain available until expended.
(2) Use of certain funds Out of amounts appropriated under subparagraphs (B) and (C) of paragraph (1), not less than $25,000,000 shall be made available each such fiscal year to design, implement, and evaluate models under subsection (b).
(g) Report to Congress Beginning in 2012, and not less than once every other year thereafter, the Secretary shall submit to Congress a report on activities under this section. Each such report shall describe the models tested under subsection (b), including the number of individuals described in subsection (a)(4)(A)(i) and of individuals described in subsection (a)(4)(A)(ii) participating in such models and payments made under applicable subchapters for services on behalf of such individuals, any models chosen for expansion under subsection (c), and the results from evaluations under subsection (b)(4). In addition, each such report shall provide such recommendations as the Secretary determines are appropriate for legislative action to facilitate the development and expansion of successful payment models.
(Aug. 14, 1935, ch. 531, title XI, § 1115A, as added and amended Pub. L. 111148, title III, § 3021(a), title X, § 10306, Mar. 23, 2010, 124 Stat. 389, 939; Pub. L. 11410, title I, § 101(e)(4), Apr. 16, 2015, 129 Stat. 122; Pub. L. 11485, § 1, Nov. 5, 2015, 129 Stat. 674; Pub. L. 115271, title VI, §§ 6001, 6085(a), Oct. 24, 2018, 132 Stat. 3976, 3996.)
## Notes
Editorial Notes
References in TextSection 4016 of the Balanced Budget Act of 1997, referred to in subsec. (b)(2)(B)(xx), is section 4016 of Pub. L. 10533, which is set out as a note under section 1395b1 of this title.
Amendments2018—Subsec. (b)(2)(B)(xxv). Pub. L. 115271, § 6001, added cl. (xxv). Subsec. (b)(2)(B)(xxvi), (xxvii). Pub. L. 115271, § 6085(a), added cls. (xxvi) and (xxvii). 2015—Subsec. (b)(2)(B)(xxi) to (xxiv). Pub. L. 11410, § 101(e)(4)(A), added cls. (xxi) to (xxiv). Subsec. (b)(2)(C)(viii). Pub. L. 11410, § 101(e)(4)(B), substituted “other public sector payers, private sector payers, or statewide payment models” for “other public sector or private sector payers”. Subsec. (d)(1). Pub. L. 11485 substituted “1396b(m)(2)(A)(iii), and 1396u4 (other than subsections (b)(1)(A) and (c)(5) of such section)” for “and 1396b(m)(2)(A)(iii)”. 2010—Subsec. (a)(5). Pub. L. 111148, § 10306(1), added par. (5). Subsec. (b)(2)(A). Pub. L. 111148, § 10306(2)(A), inserted “The Secretary shall focus on models expected to reduce program costs under the applicable subchapter while preserving or enhancing the quality of care received by individuals receiving benefits under such subchapter.” after the first sentence and substituted “this subparagraph may include, but are not limited to,” for “the preceding sentence may include”. Subsec. (b)(2)(B)(xix), (xx). Pub. L. 111148, § 10306(2)(B), added cls. (xix) and (xx). Subsec. (b)(2)(C)(viii). Pub. L. 111148, § 10306(2)(C), added cl. (viii). Subsec. (b)(4)(C). Pub. L. 111148, § 10306(3), added subpar. (C). Subsec. (c). Pub. L. 111148, § 10306(4)(C), inserted concluding provisions. Subsec. (c)(1)(B). Pub. L. 111148, § 10306(4)(A), substituted “patient care without increasing spending;” for “care and reduce spending; and”. Subsec. (c)(2). Pub. L. 111148, § 10306(4)(B), substituted “reduce (or would not result in any increase in) net program spending under applicable subchapters; and” for “reduce program spending under applicable subchapters.” Subsec. (c)(3). Pub. L. 111148, § 10306(4)(C), added par. (3).
Statutory Notes and Related Subsidiaries
Construction Regarding Telehealth ServicesPub. L. 11410, title I, § 101(e)(5), Apr. 16, 2015, 129 Stat. 122, provided that: “Nothing in the provisions of, or amendments made by, this title [see Tables for classification] shall be construed as precluding an alternative payment model or a qualifying APM participant (as those terms are defined in section 1833(z) of the Social Security Act [42 U.S.C. 1395l(z)], as added by paragraph (1)) from furnishing a telehealth service for which payment is not made under section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)).”
Medicaid Global Payment System Demonstration ProjectPub. L. 111148, title II, § 2705, Mar. 23, 2010, 124 Stat. 324, provided that: “(a) In General.—The Secretary of Health and Human Services (referred to in this section as the Secretary) shall, in coordination with the Center for Medicare and Medicaid Innovation (as established under section 1115A of the Social Security Act [42 U.S.C. 1315a], as added by section 3021 of this Act), establish the Medicaid Global Payment System Demonstration Project under which a participating State shall adjust the payments made to an eligible safety net hospital system or network from a fee-for-service payment structure to a global capitated payment model. “(b) Duration and Scope.—The demonstration project conducted under this section shall operate during a period of fiscal years 2010 through 2012. The Secretary shall select not more than 5 States to participate in the demonstration project. “(c) Eligible Safety Net Hospital System or Network.—For purposes of this section, the term eligible safety net hospital system or network means a large, safety net hospital system or network (as defined by the Secretary) that operates within a State selected by the Secretary under subsection (b). “(d) Evaluation.—“(1) Testing.—The Innovation Center shall test and evaluate the demonstration project conducted under this section to examine any changes in health care quality outcomes and spending by the eligible safety net hospital systems or networks. “(2) Budget neutrality.—During the testing period under paragraph (1), any budget neutrality requirements under section 1115A(b)(3) of the Social Security Act [42 U.S.C. 1315a(b)(3)] (as so added) shall not be applicable. “(3) Modification.—During the testing period under paragraph (1), the Secretary may, in the Secretarys discretion, modify or terminate the demonstration project conducted under this section. “(e) Report.—Not later than 12 months after the date of completion of the demonstration project under this section, the Secretary shall submit to Congress a report containing the results of the evaluation and testing conducted under subsection (d), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. “(f) Authorization of Appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section.”
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# 42 U.S.C. § 1315b - Providing Federal coverage and payment coordination for dual eligible beneficiaries
## Text
(a) Establishment of Federal Coordinated Health Care Office (1) In general Not later than March 1, 2010, the Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall establish a Federal Coordinated Health Care Office.
(2) Establishment and reporting to CMS administrator The Federal Coordinated Health Care Office—
(A) shall be established within the Centers for Medicare & Medicaid Services; and
(B) have as the Office 11 So in original. a Director who shall be appointed by, and be in direct line of authority to, the Administrator of the Centers for Medicare & Medicaid Services.
(b) Purpose The purpose of the Federal Coordinated Health Care Office is to bring together officers and employees of the Medicare and Medicaid programs at the Centers for Medicare & Medicaid Services in order to—
(1) more effectively integrate benefits under the Medicare program under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] and the Medicaid program under title XIX of such Act [42 U.S.C. 1396 et seq.]; and
(2) improve the coordination between the Federal Government and States for individuals eligible for benefits under both such programs in order to ensure that such individuals get full access to the items and services to which they are entitled under titles XVIII and XIX of the Social Security Act.
(c) Goals The goals of the Federal Coordinated Health Care Office are as follows:
(1) Providing dual eligible individuals full access to the benefits to which such individuals are entitled under the Medicare and Medicaid programs.
(2) Simplifying the processes for dual eligible individuals to access the items and services they are entitled to under the Medicare and Medicaid programs.
(3) Improving the quality of health care and long-term services for dual eligible individuals.
(4) Increasing dual eligible individuals understanding of and satisfaction with coverage under the Medicare and Medicaid programs.
(5) Eliminating regulatory conflicts between rules under the Medicare and Medicaid programs.
(6) Improving care continuity and ensuring safe and effective care transitions for dual eligible individuals.
(7) Eliminating cost-shifting between the Medicare and Medicaid program and among related health care providers.
(8) Improving the quality of performance of providers of services and suppliers under the Medicare and Medicaid programs.
(d) Specific responsibilities The specific responsibilities of the Federal Coordinated Health Care Office are as follows:
(1) Providing States, specialized MA plans for special needs individuals (as defined in section 1859(b)(6) of the Social Security Act (42 U.S.C. 1395w28(b)(6))), physicians and other relevant entities or individuals with the education and tools necessary for developing programs that align benefits under the Medicare and Medicaid programs for dual eligible individuals.
(2) Supporting State efforts to coordinate and align acute care and long-term care services for dual eligible individuals with other items and services furnished under the Medicare program.
(3) Providing support for coordination of contracting and oversight by States and the Centers for Medicare & Medicaid Services with respect to the integration of the Medicare and Medicaid programs in a manner that is supportive of the goals described in paragraph (3).22 So in original. Probably should be “subsection (c).”
(4) To consult and coordinate with the Medicare Payment Advisory Commission established under section 1805 of the Social Security Act (42 U.S.C. 1395b6) and the Medicaid and CHIP Payment and Access Commission established under section 1900 of such Act (42 U.S.C. 1396) with respect to policies relating to the enrollment in, and provision of, benefits to dual eligible individuals under the Medicare program under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] and the Medicaid program under title XIX of such Act [42 U.S.C. 1396 et seq.].
(5) To study the provision of drug coverage for new full-benefit dual eligible individuals (as defined in section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u5(c)(6)),33 So in original. Another closing parenthesis probably should precede the comma. as well as to monitor and report annual total expenditures, health outcomes, and access to benefits for all dual eligible individuals.
(6) To act as a designated contact for States under subsection (f)(8)(A) of section 1859 of the Social Security Act (42 U.S.C. 1395w28) with respect to the integration of specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) of such section.
(7) To be responsible, subject to the final approval of the Secretary, for developing regulations and guidance related to the implementation of a unified grievance and appeals process as described in subparagraphs (B) and (C) of section 1859(f)(8) of the Social Security Act (42 U.S.C. 1395w28(f)(8)).
(8) To be responsible, subject to the final approval of the Secretary, for developing regulations and guidance related to the integration or alignment of policy and oversight under the Medicare program under title XVIII of such Act [42 U.S.C. 1395 et seq.] and the Medicaid program under title XIX of such Act [42 U.S.C. 1396 et seq.] regarding specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) of such section 1859.
(e) Report The Secretary shall, as part of the budget transmitted under section 1105(a) of title 31, submit to Congress an annual report containing recommendations for legislation that would improve care coordination and benefits for dual eligible individuals.
(f) Dual eligible individual defined In this section, the term “dual eligible individual” means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act [42 U.S.C. 1395c et seq.], or enrolled for benefits under part B of title XVIII of such Act [42 U.S.C. 1395j et seq.], and is eligible for medical assistance under a State plan under title XIX of such Act or under a waiver of such plan.
(Pub. L. 111148, title II, § 2602, Mar. 23, 2010, 124 Stat. 315; Pub. L. 115123, div. E, title III, § 50311(b)(2), Feb. 9, 2018, 132 Stat. 196.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsecs. (b), (d)(4), (8), and (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respectively, of this chapter. Parts A and B of title XVIII of the Act are classified generally to parts A (§ 1395c et seq.) and B (§ 1395j et seq.), respectively, of subchapter XVIII of this chapter. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
Codification Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Social Security Act which comprises this chapter.
Amendments2018—Subsec. (d)(6) to (8). Pub. L. 115123 added pars. (6) to (8).
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# 42 U.S.C. § 1316 - Administrative and judicial review of public assistance determinations
## Text
(a) Determination of conformity with requirements for approval; petition for reconsideration; hearing; time limitations; review by court of appeals (1) Whenever a State plan is submitted to the Secretary by a State for approval under subchapter I, X, XIV, XVI, or XIX, he shall, not later than 90 days after the date the plan is submitted to him, make a determination as to whether it conforms to the requirements for approval under such subchapter. The 90-day period provided herein may be extended by written agreement of the Secretary and the affected State.
(2) Any State dissatisfied with a determination of the Secretary under paragraph (1) of this subsection with respect to any plan may, within 60 days after it has been notified of such determination, file a petition with the Secretary for reconsideration of the issue of whether such plan conforms to the requirements for approval under such subchapter. Within 30 days after receipt of such a petition, the Secretary shall notify the State of the time and place at which a hearing will be held for the purpose of reconsidering such issue. Such hearing shall be held not less than 20 days nor more than 60 days after the date notice of such hearing is furnished to such State, unless the Secretary and such State agree in writing to holding the hearing at another time. The Secretary shall affirm, modify, or reverse his original determination within 60 days of the conclusion of the hearing.
(3) Any State which is dissatisfied with a final determination made by the Secretary on such a reconsideration or a final determination of the Secretary under section 304, 1204, 1354, 1384, or 1396c of this title may, within 60 days after it has been notified of such determination, file with the United States court of appeals for the circuit in which such State is located a petition for review of such determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his determination as provided in section 2112 of title 28.
(4) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(5) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.
(b) Amendment of plans For the purposes of subsection (a), any amendment of a State plan approved under subchapter I, X, XIV, XVI, or XIX, may, at the option of the State, be treated as the submission of a new State plan.
(c) Restitution when Secretary reverses his determination Action pursuant to an initial determination of the Secretary described in subsection (a) shall not be stayed pending reconsideration, but in the event that the Secretary subsequently determines that his initial determination was incorrect he shall certify restitution forthwith in a lump sum of any funds incorrectly withheld or otherwise denied.
(d) Disallowance of items covered under other subchapters Whenever the Secretary determines that any item or class of items on account of which Federal financial participation is claimed under subchapter I, X, XIV,11 So in original. Probably should be followed by “or”. XVI, shall be disallowed for such participation, the State shall be entitled to and upon request shall receive a reconsideration of the disallowance.
(e) Disallowance of items covered under subchapter XIX (1) Whenever the Secretary determines that any item or class of items on account of which Federal financial participation is claimed under subchapter XIX shall be disallowed for such participation, the State shall be entitled to and upon request shall receive a reconsideration of the disallowance, provided that such request is made during the 60-day period that begins on the date the State receives notice of the disallowance.
(2) (A) A State may appeal a disallowance of a claim for federal 22 So in original. Probably should be capitalized. financial participation under subchapter XIX by the Secretary, or an unfavorable reconsideration of a disallowance, during the 60-day period that begins on the date the State receives notice of the disallowance or of the unfavorable reconsideration, in whole or in part, to the Departmental Appeals Board, established in the Department of Health and Human Services (in this paragraph referred to as the “Board”), by filing a notice of appeal with the Board.
(B) The Board shall consider a States appeal of a disallowance of such a claim (or of an unfavorable reconsideration of a disallowance) on the basis of such documentation as the State may submit and as the Board may require to support the final decision of the Board. In deciding whether to uphold a disallowance of such a claim or any portion thereof, the Board shall be bound by all applicable laws and regulations and shall conduct a thorough review of the issues, taking into account all relevant evidence. The Boards decision of an appeal under subparagraph (A) shall be the final decision of the Secretary and shall be subject to reconsideration by the Board only upon motion of either party filed during the 60-day period that begins on the date of the Boards decision or to judicial review in accordance with subparagraph (C).
(C) A State may obtain judicial review of a decision of the Board by filing an action in any United States District Court located within the appealing State (or, if several States jointly appeal the disallowance of claims for Federal financial participation under section 1396b of this title, in any United States District Court that is located within any State that is a party to the appeal) or the United States District Court for the District of Columbia. Such an action may only be filed—
(i) if no motion for reconsideration was filed within the 60-day period specified in subparagraph (B), during such 60-day period; or
(ii) if such a motion was filed within such period, during the 60-day period that begins on the date of the Boards decision on such motion.
(Aug. 14, 1935, ch. 531, title XI, § 1116, as added Pub. L. 8997, title IV, § 404(a), July 30, 1965, 79 Stat. 419; amended Pub. L. 90248, title II, § 241(c)(5), Jan. 2, 1968, 81 Stat. 917; Pub. L. 93233, § 18(z2)(1)(C), Dec. 31, 1973, 87 Stat. 974; Pub. L. 93647, § 3(d), Jan. 4, 1975, 88 Stat. 2349; Pub. L. 9735, title XXIII, § 2353(h), Aug. 13, 1981, 95 Stat. 872; Pub. L. 98369, div. B, title III, § 2354(c)(2), title VI, § 2663(e)(6), July 18, 1984, 98 Stat. 1102, 1168; Pub. L. 104193, title I, § 108(g)(3), Aug. 22, 1996, 110 Stat. 2168; Pub. L. 110275, title II, § 204(a), (b), July 15, 2008, 122 Stat. 2592, 2593.)
## Notes
Editorial Notes
References in TextSection 1384 of this title, referred to in subsec. (a)(3), is a reference to section 1384 of this title as it existed prior to the general revision of this subchapter by Pub. L. 92603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974. The prior section (which is set out as a note under section 1384 of this title) continues in effect for Puerto Rico, Guam, and the Virgin Islands.
Amendments2008—Subsec. (d). Pub. L. 110275, § 204(b), struck out “or XIX,” after “XVI,”. Subsec. (e). Pub. L. 110275, § 204(a), added subsec. (e). 1996—Subsec. (a)(1). Pub. L. 104193, § 108(g)(3)(A), struck out “or part A of subchapter IV,” after “XIX,”. Subsec. (a)(3). Pub. L. 104193, § 108(g)(3)(B), struck out “604,” before “1204,”. Subsecs. (b), (d). Pub. L. 104193, § 108(g)(3)(A), struck out “or part A of subchapter IV,” after “XIX,”. 1984—Subsec. (a)(1). Pub. L. 98369, § 2663(e)(6)(A), struck out “VI,” after “I,”. Pub. L. 98369, § 2354(c)(2), corrected typographical error in directory language of Pub. L. 9735, § 2353(h)(1). See 1981 Amendment note below. Subsec. (a)(3). Pub. L. 98369, § 2663(e)(6)(B), struck out “804,” after “604,”. Subsec. (b). Pub. L. 98369, § 2663(e)(6)(A), struck out “VI,” after “I,”. Pub. L. 98369, § 2354(c)(2), corrected typographical error in directory language of Pub. L. 9735, § 2353(h)(1). See 1981 Amendment note below. Subsec. (d). Pub. L. 98369, § 2663(e)(6)(C), substituted “XVI, or XIX, or part A” for “XVI, or or XIX, or part A”. Pub. L. 98369, § 2663(e)(6)(A), struck out “VI,” after “I,”. 1981—Subsec. (a)(1). Pub. L. 9735, § 2353(h)(1), as amended by Pub. L. 98369, § 2354(c)(2), substituted “or XIX” for “XIX or XX”. Subsec. (a)(3). Pub. L. 9735, § 2353(h)(2), substituted “or 1396c of this title” for “1396c, or 1397b of this title”. Subsec. (b). Pub. L. 9735, § 2353(h)(1), as amended by Pub. L. 98369, § 2354(c)(2), substituted “or XIX” for “XIX or XX”. Subsec. (d). Pub. L. 9735, § 2353(h)(3), substituted “or XIX” for “XIX, or XX”. 1975—Subsec. (a)(1). Pub. L. 93647, § 3(d)(1), substituted “XIX or XX” for “or XIX”. Subsec. (a)(3). Pub. L. 93647, § 3(d)(2), substituted “1396c, or 1397b” for “or 1396c”. Subsec. (b). Pub. L. 93647, § 3(d)(1), substituted “XIX or XX” for “or XIX”. Subsec. (d). Pub. L. 93647, § 3(d)(3), inserted “XX,” after “XIX,”. 1973—Subsec. (a). Pub. L. 93233, § 18(z2)(1)(C)(i), (ii), inserted references in par. (1) to subchapter VI of this chapter and in par. (3) to section 804 of this title. Subsecs. (b), (d). Pub. L. 93233, § 18(z2)(1)(C)(iii), (iv), inserted reference to subchapter VI of this chapter. 1968—Subsec. (a)(1). Pub. L. 90248, § 241(c)(5)(A), struck out “IV,” after “I,” and inserted “or part A of subchapter IV,” after “XIX,”. Subsecs. (b), (d). Pub. L. 90248, § 241(c)(5)(B), struck out “IV,” after “I,” and inserted “, or part A of subchapter IV,” after “XIX”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentPub. L. 110275, title II, § 204(c), July 15, 2008, 122 Stat. 2593, provided that: “The amendments made by this section [amending this section] take effect on the date of the enactment of this Act [July 15, 2008] and apply to any disallowance of a claim for Federal financial participation under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) made on or after such date or during the 60-day period prior to such date.”
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104193, as amended, set out as an Effective Date note under section 601 of this title.
Effective Date of 1984 AmendmentAmendment by section 2354(c)(2) of Pub. L. 98369 effective as if originally included in Pub. L. 9735, see section 2354(e)(2) of Pub. L. 98369, set out as a note under section 1320a1 of this title. Amendment by section 2663(e)(6) of Pub. L. 98369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98369, set out as a note under section 401 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, except as otherwise explicitly provided, see section 2354 of Pub. L. 9735, set out as an Effective Date note under section 1397 of this title.
Effective Date of 1975 AmendmentAmendment by Pub. L. 93647 effective with respect to payments under sections 603 and 803 of this title for quarters commencing after Sept. 30, 1975, see section 7(b) of Pub. L. 93647, set out as a note under section 303 of this title.
Effective Date of 1973 AmendmentAmendment by Pub. L. 93233 effective on and after Jan. 1, 1974, see section 18(z2)(2) of Pub. L. 93233, set out as a note under section 1301 of this title.
Effective DatePub. L. 8997, title IV, § 404(b), July 30, 1965, 79 Stat. 420, provided that: “The amendment made by subsection (a) [enacting this section] shall apply only with respect to determinations made after December 31, 1965.”
@@ -0,0 +1,53 @@
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# 42 U.S.C. § 1317 - Appointment of the Administrator and Chief Actuary of the Centers for Medicare & Medicaid Services
## Text
(a) The Administrator of the Centers for Medicare & Medicaid Services shall be appointed by the President by and with the advice and consent of the Senate.
(b) (1) There is established in the Centers for Medicare & Medicaid Services the position of Chief Actuary. The Chief Actuary shall be appointed by, and in direct line of authority to, the Administrator of such Centers. The Chief Actuary shall be appointed from among individuals who have demonstrated, by their education and experience, superior expertise in the actuarial sciences. The Chief Actuary shall exercise such duties as are appropriate for the office of the Chief Actuary and in accordance with professional standards of actuarial independence. The Chief Actuary may be removed only for cause.
(2) The Chief Actuary shall be compensated at the highest rate of basic pay for the Senior Executive Service under section 5382(b) of title 5.
(3) In the office of the Chief Actuary there shall be an actuary whose duties relate exclusively to the programs under parts C and D of subchapter XVIII and related provisions of such subchapter.
(Aug. 14, 1935, ch. 531, title XI, § 1117, as added Pub. L. 98369, div. B, title III, § 2332(a), July 18, 1984, 98 Stat. 1088; amended Pub. L. 10533, title IV, § 4643, Aug. 5, 1997, 111 Stat. 487; Pub. L. 108173, title IX, § 900(c), (e)(1)(A), Dec. 8, 2003, 117 Stat. 2370.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1317, act Aug. 14, 1935, ch. 531, title XI, § 1117, as added July 30, 1965, Pub. L. 8997, title IV, § 405, 79 Stat. 420; amended Jan. 2, 1968, Pub. L. 90248, title II, §§ 221(a)(c), 241(c)(6), 81 Stat. 899, 917, related to maintenance of State public assistance expenditures, prior to repeal by Pub. L. 90248, title II, § 221(d), Jan. 2, 1968, 81 Stat. 900, eff. July 1, 1968.
Amendments2003—Pub. L. 108173, § 900(e)(1)(A)(i), substituted “Appointment of the Administrator and Chief Actuary of the Centers for Medicare & Medicaid Services” for “Appointment of Administrator and Chief Actuary of Health Care Financing Administration” in section catchline. Subsec. (a). Pub. L. 108173, § 900(e)(1)(A)(ii), substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”. Subsec. (b)(1). Pub. L. 108173, § 900(e)(1)(A)(iii), substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration” and “such Centers” for “such Administration”. Subsec. (b)(3). Pub. L. 108173, § 900(c), added par. (3). 1997—Pub. L. 10533 amended section catchline, designated existing provisions as subsec. (a), and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 98369, div. B, title III, § 2332(c), July 18, 1984, 98 Stat. 1089, provided that: “The amendments made by this section [enacting this section and amending section 5315 of Title 5, Government Organization and Employees] shall apply to appointments made after the date of the enactment of this Act [July 18, 1984].”
@@ -0,0 +1,49 @@
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# 42 U.S.C. § 1318 - Alternative Federal payment with respect to public assistance expenditures
## Text
In the case of any State which has in effect a plan approved under subchapter XIX for any calendar quarter, the total of the payments to which such State is entitled for such quarter, and for each succeeding quarter in the same fiscal year (which for purposes of this section means the 4 calendar quarters ending with September 30), under paragraphs (1) and (2) of sections 303(a),11 See References in Text note below. 1203(a),1 1353(a),1 and 1383(a) 1 of this title shall, at the option of the State, be determined by application of the Federal medical assistance percentage (as defined in section 1396d of this title), instead of the percentages provided under each such section, to the expenditures under its State plans approved under subchapters I, X, XIV, and XVI, which would be included in determining the amounts of the Federal payments to which such State is entitled under such sections, but without regard to any maximum on the dollar amounts per recipient which may be counted under such sections. For purposes of the preceding sentence, the term “Federal medical assistance percentage” shall, in the case of Puerto Rico, the Virgin Islands, and Guam, mean 75 per centum.
(Aug. 14, 1935, ch. 531, title XI, § 1118, as added Pub. L. 8997, title IV, § 411, July 30, 1965, 79 Stat. 423; amended Pub. L. 90248, title II, § 241(c)(7), Jan. 2, 1968, 81 Stat. 917; Pub. L. 94273, § 2(23), Apr. 21, 1976, 90 Stat. 376; Pub. L. 95600, title VIII, § 802(a), Nov. 6, 1978, 92 Stat. 2945; Pub. L. 96272, title III, § 305(c), June 17, 1980, 94 Stat. 530; Pub. L. 100485, title VI, § 601(c)(3), Oct. 13, 1988, 102 Stat. 2408; Pub. L. 104193, title I, § 108(g)(4), Aug. 22, 1996, 110 Stat. 2168.)
## Notes
Editorial Notes
References in TextParagraph (1) of sections 303(a), 1203(a), and 1353(a) of this title, referred to in text, were repealed by Pub. L. 9735, title XXI, § 2184(a)(4)(A), (c)(2)(A), Aug. 13, 1981, 95 Stat. 816, 817. Section 1383(a) of this title, referred to in text, is a reference to section 1383(a) of this title as it existed prior to the general revision of subchapter XVI of this chapter by Pub. L. 92603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974. The prior section (which is set out as a note under section 1383 of this title) continues in effect for Puerto Rico, Guam, and the Virgin Islands.
Amendments1996—Pub. L. 104193 struck out “603(a),” before “1203(a),”, “and part A of subchapter IV,” after “XVI,”, and “, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of subchapter IV” after “the Virgin Islands, and Guam, mean 75 per centum”. 1988—Pub. L. 100485 inserted before period at end “, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of subchapter IV”. 1980—Pub. L. 96272 struck out “when applied to quarters in the fiscal year ending September 30, 1979” after “means 75 per centum”. 1978—Pub. L. 95600, inserted provision relating to definition of “Federal medical assistance percentage” in the case of Puerto Rico, the Virgin Islands, and Guam. 1976—Pub. L. 94273 substituted “September” for “June”. 1968—Pub. L. 90248 struck out “IV,” after “I,” and inserted “and part A of subchapter IV,” after “XVI”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104193, set out as an Effective Date note under section 601 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100485 effective Oct. 1, 1988, see section 601(d) of Pub. L. 100485, set out as an Effective and Termination Dates of 1988 Amendment note under section 1301 of this title.
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# 42 U.S.C. § 1319 - Federal participation in payments for repairs to home owned by recipient of aid or assistance
## Text
In the case of an expenditure for repairing the home owned by an individual who is receiving aid or assistance, other than medical assistance to the aged, under a State plan approved under subchapter I, X, XIV, or XVI, if—
(1) the State agency or local agency administering the plan approved under such subchapter has made a finding (prior to making such expenditure) that (A) such home is so defective that continued occupancy is unwarranted, (B) unless repairs are made to such home, rental quarters will be necessary for such individual, and (C) the cost of rental quarters to take care of the needs of such individual (including his spouse living with him in such home and any other individual whose needs were taken into account in determining the need of such individual) would exceed (over such time as the Secretary may specify) the cost of repairs needed to make such home habitable together with other costs attributable to continued occupancy of such home, and
(2) no such expenditures were made for repairing such home pursuant to any prior finding under this section,
the amount paid to any such State for any quarter under section 303(a), 1203(a), 1353(a), or 1383(a) of this title shall be increased by 50 per centum of such expenditures, except that the excess above $500 expended with respect to any one home shall not be included in determining such expenditures.
(Aug. 14, 1935, ch. 531, title XI, § 1119, as added Pub. L. 90248, title II, § 209(a), Jan. 2, 1968, 81 Stat. 894; amended Pub. L. 104193, title I, § 108(g)(5), Aug. 22, 1996, 110 Stat. 2168.)
## Notes
Editorial Notes
References in TextSection 1383(a) of this title, referred to in text, is a reference to section 1383(a) of this title as it existed prior to the general revision of this subchapter by Pub. L. 92603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974. The prior section (which is set out as a note under section 1383 of this title) continues in effect for Puerto Rico, Guam, and the Virgin Islands.
Amendments1996—Pub. L. 104193 substituted “subchapter I, X, XIV, or XVI,” for “subchapter I, X, XIV, or XVI, or part A of subchapter IV” in introductory provisions and struck out “603(a),” before “1203(a),” in closing provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104193, as amended, set out as an Effective Date note under section 601 of this title.
Effective DatePub. L. 90248, title II, § 209(b), Jan. 2, 1968, 81 Stat. 895, provided that: “The amendment made by subsection (a) [enacting this section] shall apply with respect to expenditures made after December 31, 1967.”
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# 42 U.S.C. § 1320 - Approval of certain projects
## Text
No payment shall be made under this chapter with respect to any experimental, pilot, demonstration, or other project all or any part of which is wholly financed with Federal funds made available under this chapter (without any State, local, or other non-Federal financial participation) unless such project shall have been personally approved by the Secretary or Deputy Secretary of Health and Human Services.
(Aug. 14, 1935, ch. 531, title XI, § 1120, as added Pub. L. 90248, title II, § 249, Jan. 2, 1968, 81 Stat. 919; amended Pub. L. 93608, § 2(5), Jan. 2, 1975, 88 Stat. 1971; Pub. L. 97375, title I, § 107(a), Dec. 21, 1982, 96 Stat. 1820; Pub. L. 98369, div. B, title VI, § 2663(j)(2)(D)(v), July 18, 1984, 98 Stat. 1170; Pub. L. 101509, title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454.)
## Notes
Editorial Notes
Amendments1990—Pub. L. 101509 substituted “Deputy Secretary of Health and Human Services” for “Under Secretary of Health and Human Services”. 1984—Pub. L. 98369 substituted “Health and Human Services” for “Health, Education, and Welfare”. 1982—Pub. L. 97375 struck out subsec. (b) which directed the Secretary to submit an annual report to Congress describing each project approved under former subsec. (a) of this section during the preceding year, including the purpose, probable cost, and expected duration of each project, and struck out “(a)” before “No payment”. 1975—Subsec. (b). Pub. L. 93608 substituted provisions relating to an annual submission of the required report to the Congress by the Secretary for each approved project, for provisions relating to submission of the report as soon as possible after approval.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment; Continued Service by IncumbentsAmendment by Pub. L. 101509 effective on the first day of the first pay period that begins on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of Health and Human Services, see section 529 [title I, § 112(e)] of Pub. L. 101509, set out as a note under section 3404 of Title 20, Education.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98369, set out as a note under section 401 of this title.
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# 42 U.S.C. § 1320a1 - Limitation on use of Federal funds for capital expenditures
## Text
(a) Use of reimbursement for planning activities for health services and facilities The purpose of this section is to assure that Federal funds appropriated under subchapters XVIII and XIX are not used to support unnecessary capital expenditures made by or on behalf of health care facilities which are reimbursed under any of such subchapters and that, to the extent possible, reimbursement under such subchapters shall support planning activities with respect to health services and facilities in the various States.
(b) Agreement between Secretary and State for submission of proposed capital expenditures related to health care facilities and procedures for appeal from recommendations The Secretary, after consultation with the Governor (or other chief executive officer) and with appropriate local public officials, shall make an agreement with any State which is able and willing to do so under which a designated planning agency (which shall be an agency described in clause (ii) of subsection (d)(1)(B) that has a governing body or advisory board at least half of whose members represent consumer interests) will—
(1) make, and submit to the Secretary together with such supporting materials as he may find necessary, findings and recommendations with respect to capital expenditures proposed by or on behalf of any health care facility in such State within the field of its responsibilities,
(2) receive from other agencies described in clause (ii) of subsection (d)(1)(B), and submit to the Secretary together with such supporting material as he may find necessary, the findings and recommendations of such other agencies with respect to capital expenditures proposed by or on behalf of health care facilities in such State within the fields of their respective responsibilities, and
(3) establish and maintain procedures pursuant to which a person proposing any such capital expenditure may appeal a recommendation by the designated agency and will be granted an opportunity for a fair hearing by such agency or person other than the designated agency as the Governor (or other chief executive officer) may designate to hold such hearings,
whenever and to the extent that the findings of such designated agency or any such other agency indicate that any such expenditure is not consistent with the standards, criteria, or plans developed pursuant to the Public Health Service Act [42 U.S.C. 201 et seq.] to meet the need for adequate health care facilities in the area covered by the plan or plans so developed.
(c) Manner of payment to States for carrying out agreement The Secretary shall pay any such State from the general fund in the Treasury, in advance or by way of reimbursement as may be provided in the agreement with it (and may make adjustments in such payments on account of overpayments or underpayments previously made), for the reasonable cost of performing the functions specified in subsection (b).
(d) Determination of amount of exclusions from Federal payments (1) Except as provided in paragraph (2), if the Secretary determines that—
(A) neither the planning agency designated in the agreement described in subsection (b) nor an agency described in clause (ii) of subparagraph (B) of this paragraph had been given notice of any proposed capital expenditure (in accordance with such procedure or in such detail as may be required by such agency) at least 60 days prior to obligation for such expenditure; or
(B) (i) the planning agency so designated or an agency so described had received such timely notice of the intention to make such capital expenditure and had, within a reasonable period after receiving such notice and prior to obligation for such expenditure, notified the person proposing such expenditure that the expenditure would not be in conformity with the standards, criteria, or plans developed by such agency or any other agency described in clause (ii) for adequate health care facilities in such State or in the area for which such other agency has responsibility, and
(ii) the planning agency so designated had, prior to submitting to the Secretary the findings referred to in subsection (b)—
(I) consulted with, and taken into consideration the findings and recommendations of, the State planning agencies established pursuant to sections 314(a) and 604(a) of the Public Health Service Act [42 U.S.C. 246(a), 291d(a)] (to the extent that either such agency is not the agency so designated) as well as the public or nonprofit private agency or organization responsible for the comprehensive regional, metropolitan area, or other local area plan or plans referred to in section 314(b) of the Public Health Service Act [42 U.S.C. 246(b)] and covering the area in which the health care facility proposing such capital expenditure is located (where such agency is not the agency designated in the agreement), or, if there is no such agency, such other public or nonprofit private agency or organization (if any) as performs, as determined in accordance with criteria included in regulations, similar functions, and
(II) granted to the person proposing such capital expenditure an opportunity for a fair hearing with respect to such findings;
then, for such period as he finds necessary in any case to effectuate the purpose of this section, he shall, in determining the Federal payments to be made under subchapters XVIII and XIX with respect to services furnished in the health care facility for which such capital expenditure is made, not include any amount which is attributable to depreciation, interest on borrowed funds, a return on equity capital (in the case of proprietary facilities), or other expenses related to such capital expenditure. With respect to any organization which is reimbursed on a per capita or a fixed fee or negotiated rate basis, in determining the Federal payments to be made under subchapters XVIII and XIX, the Secretary shall exclude an amount which in his judgment is a reasonable equivalent to the amount which would otherwise be excluded under this subsection if payment were to be made on other than a per capita or a fixed fee or negotiated rate basis.
(2) If the Secretary, after submitting the matters involved to the advisory council established or designated under subsection (i), determines that an exclusion of expenses related to any capital expenditure of any health care facility would discourage the operation or expansion of such facility which has demonstrated to his satisfaction proof of capability to provide comprehensive health care services (including institutional services) efficiently, effectively, and economically, or would otherwise be inconsistent with the effective organization and delivery of health services or the effective administration of subchapter XVIII or XIX, he shall not exclude such expenses pursuant to paragraph (1).
(e) Treatment of lease or comparable arrangement of any facility or equipment for a facility in determining amount of exclusions from Federal payments Where a person obtains under lease or comparable arrangement any facility or part thereof, or equipment for a facility, which would have been subject to an exclusion under subsection (d) if the person had acquired it by purchase, the Secretary shall (1) in computing such persons rental expense in determining the Federal payments to be made under subchapters XVIII and XIX with respect to services furnished in such facility, deduct the amount which in his judgment is a reasonable equivalent of the amount that would have been excluded if the person had acquired such facility or such equipment by purchase, and (2) in computing such persons return on equity capital deduct any amount deposited under the terms of the lease or comparable arrangement.
(f) Reconsideration by Secretary of determinations Any person dissatisfied with a determination by the Secretary under this section may within six months following notification of such determination request the Secretary to reconsider such determination. A determination by the Secretary under this section shall not be subject to administrative or judicial review.
(g) “Capital expenditure” defined For the purposes of this section, a “capital expenditure” is an expenditure which, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance and which (1) exceeds $600,000 (or such lesser amount as the State may establish), (2) changes the bed capacity of the facility with respect to which such expenditure is made, or (3) substantially changes the services of the facility with respect to which such expenditure is made. For purposes of clause (1) of the preceding sentence, the cost of the studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of the plant and equipment with respect to which such expenditure is made shall be included in determining whether such expenditure exceeds the dollar amount specified in clause (1).
(h) Applicability to Christian Science sanatoriums The provisions of this section shall not apply to a religious nonmedical health care institution (as defined in section 1395x(ss)(1) of this title).
(i) National advisory council; establishment or designation of existing council; functions; consultations with other appropriate national advisory councils; composition; compensation and travel expenses (1) The Secretary shall establish a national advisory council, or designate an appropriate existing national advisory council, to advise and assist him in the preparation of general regulations to carry out the purposes of this section and on policy matters arising in the administration of this section, including the coordination of activities under this section with those under other parts of this chapter or under other Federal or federally assisted health programs.
(2) The Secretary shall make appropriate provision for consultation between and coordination of the work of the advisory council established or designated under paragraph (1) and the Federal Hospital Council, the National Advisory Health Council, the Health Insurance Benefits Advisory Council, and other appropriate national advisory councils with respect to matters bearing on the purposes and administration of this section and the coordination of activities under this section with related Federal health programs.
(3) If an advisory council is established by the Secretary under paragraph (1), it shall be composed of members who are not otherwise in the regular full-time employ of the United States, and who shall be appointed by the Secretary without regard to the civil service laws from among leaders in the fields of the fundamental sciences, the medical sciences, and the organization, delivery, and financing of health care, and persons who are State or local officials or are active in community affairs or public or civic affairs or who are representative of minority groups. Members of such advisory council, while attending meetings of the council or otherwise serving on business of the council, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding the maximum rate specified at the time of such service for grade GS18 in section 5332 of title 5, including traveltime, and while away from their homes or regular places of business they may also be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of such title 5 for persons in the Government service employed intermittently.
(j) Capital expenditure review exception for eligible organization health care facilities A capital expenditure made by or on behalf of a health care facility shall not be subject to review pursuant to this section if 75 percent of the patients who can reasonably be expected to use the service with respect to which the capital expenditure is made will be individuals enrolled in an eligible organization as defined in section 1395mm(b) of this title, and if the Secretary determines that such capital expenditure is for services and facilities which are needed by such organization in order to operate efficiently and economically and which are not otherwise readily accessible to such organization because—
(1) the facilities do not provide common services at the same site (as usually provided by the organization),
(2) the facilities are not available under a contract of reasonable duration,
(3) full and equal medical staff privileges in the facilities are not available,
(4) arrangements with such facilities are not administratively feasible, or
(5) the purchase of such services is more costly than if the organization provided the services directly.
(Aug. 14, 1935, ch. 531, title XI, § 1122, as added Pub. L. 92603, title II, § 221(a), Oct. 30, 1972, 86 Stat. 1386; amended Pub. L. 93233, § 18(z), (z1), Dec. 31, 1973, 87 Stat. 973; Pub. L. 95559, § 14(b), Nov. 1, 1978, 92 Stat. 2141; Pub. L. 9632, § 2(c), July 10, 1979, 93 Stat. 82; Pub. L. 9735, title XXI, § 2193(c)(3), Aug. 13, 1981, 95 Stat. 827; Pub. L. 97248, title I, § 137(a)(5), Sept. 3, 1982, 96 Stat. 376; Pub. L. 9821, title VI, § 607(a), (b)(1), (c), Apr. 20, 1983, 97 Stat. 171, 172; Pub. L. 98369, div. B, title III, § 2354(a)(1), (2), July 18, 1984, 98 Stat. 1100; Pub. L. 10533, title IV, § 4454(c)(1), Aug. 5, 1997, 111 Stat. 431.)
## Notes
Editorial Notes
References in TextThe Public Health Service Act, referred to in subsec. (b), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.
Amendments1997—Subsec. (h). Pub. L. 10533 substituted “a religious nonmedical health care institution (as defined in section 1395x(ss)(1) of this title).” for “Christian Science sanatoriums operated, or listed and certified, by the First Church of Christ, Scientist, Boston, Massachusetts.” 1984—Subsec. (b). Pub. L. 98369, § 2354(a)(1), substituted a comma for the period at end of par. (1), and struck out “(or the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963)” before “to meet the need” in provisions following par. (3). Subsec. (i)(3). Pub. L. 98369, § 2354(a)(2), substituted “5703” for “5703(b)”. 1983—Subsec. (c). Pub. L. 9821, § 607(a), substituted “the general fund in the Treasury” for “the Federal Hospital Insurance Trust Fund”. Subsec. (g). Pub. L. 9821, § 607(b)(1), substituted “$600,000 (or such lesser amount as the State may establish)” for “$100,000” and Pub. L. 9821, § 607(b)(1)(B), substituted “the dollar amount specified in clause (1)” for “$100,000” the second time it appeared. Subsec. (j). Pub. L. 9821, § 607(c), added subsec. (j). 1982—Subsec. (d)(2). Pub. L. 97248 amended directory language of Pub. L. 9735, § 2193(c)(3)(B), to correct typographical error, and did not involve any change in text. See 1981 Amendment note below. 1981—Subsec. (a). Pub. L. 9735, § 2193(c)(3)(A), substituted “subchapters XVIII and XIX” for “subchapters V, XVIII, and XIX”. Subsec. (d)(1). Pub. L. 9735, § 2193(c)(3)(A), substituted in provision following subpar. (B)(ii)(II) “subchapters XVIII and XIX” for “subchapters V, XVIII, and XIX” in two places. Subsec. (d)(2). Pub. L. 9735, § 2193(c)(3)(B), as amended by Pub. L. 97248, § 137(a)(5), substituted “subchapter XVIII or XIX” for “subchapter V, XVIII, or XIX”. Subsec. (e). Pub. L. 9735, § 2193(c)(3)(A), substituted “subchapters XVIII and XIX” for “subchapters V, XVIII, and XIX”. 1979—Pub. L. 9632 amended directory language of Pub. L. 95559 and required no change in text of section. See 1978 Amendment notes below. 1978—Subsecs. (a), (b). Pub. L. 95559, § 14(b)(1), (2), as amended by Pub. L. 9632, struck out references to health maintenance organizations wherever appearing. Subsec. (d). Pub. L. 95559, § 14(b)(1), (3), as amended by Pub. L. 9632, struck out references to health maintenance organizations wherever appearing and in par. (2) “or organization, or of any facility of such organization,” after “expansion of such facility”. 1973—Subsec. (d)(1). Pub. L. 93233, § 18(z), inserted “or a fixed fee or negotiated rate” after “per capita” wherever appearing in last sentence. Subsec. (d)(2). Pub. L. 93233, § 18(z1), substituted “exclude” for “include” where last appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 effective Aug. 5, 1997, and applicable to items and services furnished on or after such date, with provision that Secretary of Health and Human Services issue regulations to carry out such amendment by not later than July 1, 1998, see section 4454(d) of Pub. L. 10533, set out as an Effective Date note under section 1395i5 of this title.
Effective Date of 1984 AmendmentPub. L. 98369, div. B, title III, § 2354(e), July 18, 1984, 98 Stat. 1102, provided that: “(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 1316, 1320a7a, 1320a8, 1395f, 1395i, 1395i2, 1395k, 1395l, 1395n, 1395p, 1395s to 1395z, 1395aa, 1395cc, 1395ff, 1395ii, 1395ll, 1395mm, 1395oo, 1395rr, and 1395ww of this title and section 162 of Title 26, Internal Revenue Code, and amending provisions set out as notes under sections 1320c, 1395x, and 1395mm of this title] shall be effective on the date of the enactment of this Act [July 18, 1984]; but none of such amendments shall be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date. “(2) The amendments made by paragraphs (1) [amending section 1395f of this title and provisions set out as a note under section 1395x of this title], (2) [amending section 1316 of this title], and (3) [amending provisions set out as notes under sections 1320c and 1395mm of this title] of subsection (c) shall be effective as if they had been originally included in Public Laws 96499, 9735, and 97248, respectively.”
Effective Date of 1982 AmendmentAmendment by Pub. L. 97248 effective as if originally included as part of this section as this section was amended by the Omnibus Budget Reconciliation Act of 1981, Pub. L. 9735, see section 137(d)(2) of Pub. L. 97248, set out as a note under section 1396a of this title.
Effective Date of 1981 Amendment, Savings, and Transitional ProvisionsFor effective date, savings, and transitional provisions relating to amendment by Pub. L. 9735, see section 2194 of Pub. L. 9735, set out as a note under section 701 of this title.
Effective DatePub. L. 92603, title II, § 221(b), Oct. 30, 1972, 86 Stat. 1389, provided that: “The amendment made by subsection (a) [enacting this section] shall apply only with respect to a capital expenditure the obligation for which is incurred by or on behalf of a health care facility or health maintenance organization subsequent to whichever of the following is earlier: (A) December 31, 1972, or (B) with respect to any State or any part thereof specified by such State, the last day of the calendar quarter in which the State requests that the amendment made by subsection (a) of this section [enacting this section] apply in such State or such part thereof.”
Termination of Advisory CouncilsAdvisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
References in Other Laws to GS16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101509, set out in a note under section 5376 of Title 5.
Expenditures or Obligations of Health Care Facilities Providing Health Care Services Prior to December 18, 1970; Limitations on Federal ParticipationPub. L. 92603, title II, § 221(d), Oct. 30, 1972, 86 Stat. 1389, provided that: “In the case of a health care facility providing health care services as of December 18, 1970, which on such date is committed to a formal plan of expansion or replacement, the amendments made by the preceding provisions of this section [enacting this section and amending sections 705, 706, 709, 1395x, 1396a, and 1396b of this title] shall not apply with respect to such expenditures as may be made or obligations incurred for capital items included in such plan where preliminary expenditures toward the plan of expansion or replacement (including payments for studies, surveys, designs, plans, working drawings, specifications, and site acquisition, essential to the acquisition, improvement, expansion, or replacement of the health care facility or equipment concerned) of $100,000 or more, had been made during the three-year period ended December 17, 1970.”
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# 42 U.S.C. § 1320a10 - Effect of failure to carry out State plan
## Text
In an action brought to enforce a provision of this chapter, such provision is not to be deemed unenforceable because of its inclusion in a section of this chapter requiring a State plan or specifying the required contents of a State plan. This section is not intended to limit or expand the grounds for determining the availability of private actions to enforce State plan requirements other than by overturning any such grounds applied in Suter v. Artist M., 112 S. Ct. 1360 (1992), but not applied in prior Supreme Court decisions respecting such enforceability: Provided, however, That this section is not intended to alter the holding in Suter v. Artist M. that section 671(a)(15) of this title is not enforceable in a private right of action.
(Aug. 14, 1935, ch. 531, title XI, § 1130A, as added Pub. L. 103432, title II, § 211(a), Oct. 31, 1994, 108 Stat. 4460.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 103432, title II, § 211(b), Oct. 31, 1994, 108 Stat. 4460, provided that: “The amendment made by subsection (a) [enacting this section] shall apply to actions pending on the date of the enactment of this Act [Oct. 31, 1994] and to actions brought on or after such date of enactment.”
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# 42 U.S.C. § 1320a1a - Transferred
## Notes
Editorial Notes
Codification Section, act Aug. 14, 1935, ch. 531, title XI, § 1123, as added Oct. 31, 1994, Pub. L. 103432, title II, § 203(a), 108 Stat. 4454, which related to reviews of child and family services programs, and of foster care and adoption assistance programs, for conformity with State plan requirements, was renumbered section 1123A of act Aug. 14, 1935, by Pub. L. 104193, title V, § 504, Aug. 22, 1996, 110 Stat. 2278, and was transferred to section 1320a2a of this title.
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# 42 U.S.C. § 1320a2 - Effect of failure to carry out State plan
## Text
In an action brought to enforce a provision of this chapter, such provision is not to be deemed unenforceable because of its inclusion in a section of this chapter requiring a State plan or specifying the required contents of a State plan. This section is not intended to limit or expand the grounds for determining the availability of private actions to enforce State plan requirements other than by overturning any such grounds applied in Suter v. Artist M., 112 S. Ct. 1360 (1992), but not applied in prior Supreme Court decisions respecting such enforceability; provided, however, that this section is not intended to alter the holding in Suter v. Artist M. that section 671(a)(15) of this title is not enforceable in a private right of action.
(Aug. 14, 1935, ch. 531, title XI, § 1123, as added Pub. L. 103382, title V, § 555(a), Oct. 20, 1994, 108 Stat. 4057.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1320a2, act Aug. 14, 1935, ch. 531, title XI, § 1123, as added Oct. 30, 1972, Pub. L. 92603, title II, § 241, 86 Stat. 1418; amended Dec. 5, 1980, Pub. L. 96499, title IX, § 911, 94 Stat. 2619; Sept. 3, 1982, Pub. L. 97248, title I, § 126, 96 Stat. 366; Apr. 7, 1986, Pub. L. 99272, title IX, § 9303(b)(4), 100 Stat. 189, related to qualifications for health care personnel, prior to repeal by Pub. L. 100360, title IV, § 430(a), as added Pub. L. 100485, title VI, § 608(b), (g)(1), Oct. 13, 1988, 102 Stat. 2412, 2424, effective as if included in the enactment of Pub. L. 100360. Another section 1123 of act Aug. 14, 1935, was renumbered section 1123A, and is classified to section 1320a2a of this title.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 103382, title V, § 555(b), Oct. 20, 1994, 108 Stat. 4058, provided that: “The amendment made by subsection (a) [enacting this section] shall apply to actions pending on the date of the enactment of this Act [Oct. 20, 1994] and to actions brought on or after such date of enactment.”
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# 42 U.S.C. § 1320a2a - Reviews of child and family services programs, and of foster care and adoption assistance programs, for conformity with State plan requirements
## Text
(a) In general The Secretary, in consultation with the State agencies administering the State programs under parts B and E of subchapter IV, shall promulgate regulations for the review of such programs to determine whether such programs are in substantial conformity with—
(1) State plan requirements under such parts B and E,
(2) implementing regulations promulgated by the Secretary, and
(3) the relevant approved State plans.
(b) Elements of review system The regulations referred to in subsection (a) shall—
(1) specify the timetable for conformity reviews of State programs, including—
(A) an initial review of each State program;
(B) a timely review of a State program following a review in which such program was found not to be in substantial conformity; and
(C) less frequent reviews of State programs which have been found to be in substantial conformity, but such regulations shall permit the Secretary to reinstate more frequent reviews based on information which indicates that a State program may not be in conformity;
(2) specify the requirements subject to review (which shall include determining whether the State program is in conformity with the requirement of section 671(a)(27) of this title), and the criteria to be used to measure conformity with such requirements and to determine whether there is a substantial failure to so conform;
(3) specify the method to be used to determine the amount of any Federal matching funds to be withheld (subject to paragraph (4)) due to the State programs failure to so conform, which ensures that—
(A) such funds will not be withheld with respect to a program, unless it is determined that the program fails substantially to so conform;
(B) such funds will not be withheld for a failure to so conform resulting from the States reliance upon and correct use of formal written statements of Federal law or policy provided to the State by the Secretary; and
(C) the amount of such funds withheld is related to the extent of the failure to so conform; and
(4) require the Secretary, with respect to any State program found to have failed substantially to so conform—
(A) to afford the State an opportunity to adopt and implement a corrective action plan, approved by the Secretary, designed to end the failure to so conform;
(B) to make technical assistance available to the State to the extent feasible to enable the State to develop and implement such a corrective action plan;
(C) to suspend the withholding of any Federal matching funds under this section while such a corrective action plan is in effect; and
(D) to rescind any such withholding if the failure to so conform is ended by successful completion of such a corrective action plan.
(c) Provisions for administrative and judicial review The regulations referred to in subsection (a) shall—
(1) require the Secretary, not later than 10 days after a final determination that a program of the State is not in conformity, to notify the State of—
(A) the basis for the determination; and
(B) the amount of the Federal matching funds (if any) to be withheld from the State;
(2) afford the State an opportunity to appeal the determination to the Departmental Appeals Board within 60 days after receipt of the notice described in paragraph (1) (or, if later, after failure to continue or to complete a corrective action plan); and
(3) afford the State an opportunity to obtain judicial review of an adverse decision of the Board, within 60 days after the State receives notice of the decision of the Board, by appeal to the district court of the United States for the judicial district in which the principal or headquarters office of the agency responsible for administering the program is located.
(Aug. 14, 1935, ch. 531, title XI, § 1123A, formerly § 1123, as added Pub. L. 103432, title II, § 203(a), Oct. 31, 1994, 108 Stat. 4454; renumbered § 1123A, Pub. L. 104193, title V, § 504, Aug. 22, 1996, 110 Stat. 2278; amended Pub. L. 109432, div. B, title IV, § 405(c)(1)(B)(ii), Dec. 20, 2006, 120 Stat. 2999.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 1320a1a of this title prior to renumbering by Pub. L. 104193.
Amendments2006—Subsec. (b)(2). Pub. L. 109432 inserted “(which shall include determining whether the State program is in conformity with the requirement of section 671(a)(27) of this title)” after “review”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109432 effective on the date that is 6 months after Dec. 20, 2006, see section 405(c)(1)(B)(iii) of Pub. L. 109432, set out as a note under section 671 of this title.
Effective DatePub. L. 103432, title II, § 203(c)(1), Oct. 31, 1994, 108 Stat. 4456, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect on the date of the enactment of this Act [Oct. 31, 1994].”
RegulationsPub. L. 103432, title II, § 203(c)(3), Oct. 31, 1994, 108 Stat. 4456, required the regulations referred to in subsec. (a) of this section to be promulgated no later than July 1, 1995, to take effect on Apr. 1, 1996.
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# 42 U.S.C. § 1320a3 - Disclosure of ownership and related information; procedure; definitions; scope of requirements
## Text
(a) In general (1) The Secretary shall by regulation or by contract provision provide that each disclosing entity (as defined in paragraph (2)) shall—
(A) as a condition of the disclosing entitys participation in, or certification or recertification under, any of the programs established by subchapters V, XVIII, and XIX, or
(B) as a condition for the approval or renewal of a contract or agreement between the disclosing entity and the Secretary or the appropriate State agency under any of the programs established under subchapters V, XVIII, and XIX,
supply the Secretary or the appropriate State agency with full and complete information as to the identity of each person with an ownership or control interest (as defined in paragraph (3)) in the entity or in any subcontractor (as defined by the Secretary in regulations) in which the entity directly or indirectly has a 5 per centum or more ownership interest and supply the Secretary with the 11 So in original. The word “the” probably should not appear. both the employer identification number (assigned pursuant to section 6109 of the Internal Revenue Code of 1986) and social security account number (assigned under section 405(c)(2)(B) of this title) of the disclosing entity, each person with an ownership or control interest (as defined in subsection (a)(3)), and any subcontractor in which the entity directly or indirectly has a 5 percent or more ownership interest.
(2) As used in this section, the term “disclosing entity” means an entity which is—
(A) a provider of services (as defined in section 1395x(u) of this title, other than a fund), an independent clinical laboratory, a renal disease facility, a managed care entity, as defined in section 1396u2(a)(1)(B) of this title, or a health maintenance organization (as defined in section 300e(a) of this title);
(B) an entity (other than an individual practitioner or group of practitioners) that furnishes, or arranges for the furnishing of, items or services with respect to which payment may be claimed by the entity under any plan or program established pursuant to subchapter V or under a State plan approved under subchapter XIX; or
(C) a carrier or other agency or organization that is acting as a fiscal intermediary or agent with respect to one or more providers of services (for purposes of part A or part B of subchapter XVIII, or both, or for purposes of a State plan approved under subchapter XIX) pursuant to (i) an agreement under section 1395h of this title, (ii) a contract under section 1395u of this title, or (iii) an agreement with a single State agency administering or supervising the administration of a State plan approved under subchapter XIX.
(3) As used in this section, the term “person with an ownership or control interest” means, with respect to an entity, a person who—
(A) (i) has directly or indirectly (as determined by the Secretary in regulations) an ownership interest of 5 per centum or more in the entity; or
(ii) is the owner of a whole or part interest in any mortgage, deed of trust, note, or other obligation secured (in whole or in part) by the entity or any of the property or assets thereof, which whole or part interest is equal to or exceeds 5 per centum of the total property and assets of the entity; or
(B) is an officer or director of the entity, if the entity is organized as a corporation; or
(C) is a partner in the entity, if the entity is organized as a partnership.
(b) Other disclosing entities To the extent determined to be feasible under regulations of the Secretary, a disclosing entity shall also include in the information supplied under subsection (a)(1), with respect to each person with an ownership or control interest in the entity, the name of any other disclosing entity with respect to which the person is a person with an ownership or control interest.
(c) Required disclosure of ownership and additional disclosable parties information (1) Disclosure A facility shall have the information described in paragraph (2) available—
(A) during the period beginning on March 23, 2010, and ending on the date such information is made available to the public under section 6101(b) of the Patient Protection and Affordable Care Act for submission to the Secretary, the Inspector General of the Department of Health and Human Services, the State in which the facility is located, and the State long-term care ombudsman in the case where the Secretary, the Inspector General, the State, or the State long-term care ombudsman requests such information; and
(B) beginning on the effective date of the final regulations promulgated under paragraph (3)(A), for reporting such information in accordance with such final regulations.
Nothing in subparagraph (A) shall be construed as authorizing a facility to dispose of or delete information described in such subparagraph after the effective date of the final regulations promulgated under paragraph (3)(A).
(2) Information described (A) In general The following information is described in this paragraph:
(i) The information described in subsections (a) and (b), subject to subparagraph (C).
(ii) The identity of and information on—
(I) each member of the governing body of the facility, including the name, title, and period of service of each such member;
(II) each person or entity who is an officer, director, member, partner, trustee, or managing employee of the facility, including the name, title, and period of service of each such person or entity; and
(III) each person or entity who is an additional disclosable party of the facility.
(iii) The organizational structure of each additional disclosable party of the facility and a description of the relationship of each such additional disclosable party to the facility and to one another.
(B) Special rule where information is already reported or submitted To the extent that information reported by a facility to the Internal Revenue Service on Form 990, information submitted by a facility to the Securities and Exchange Commission, or information otherwise submitted to the Secretary or any other Federal agency contains the information described in clauses (i), (ii), or (iii) of subparagraph (A), the facility may provide such Form or such information submitted to meet the requirements of paragraph (1).
(C) Special rule In applying subparagraph (A)(i)—
(i) with respect to subsections (a) and (b), “ownership or control interest” shall include direct or indirect interests, including such interests in intermediate entities; and
(ii) subsection (a)(3)(A)(ii) shall include the owner of a whole or part interest in any mortgage, deed of trust, note, or other obligation secured, in whole or in part, by the entity or any of the property or assets thereof, if the interest is equal to or exceeds 5 percent of the total property or assets of the entirety.
(3) Reporting (A) In general Not later than the date that is 2 years after March 23, 2010, the Secretary shall promulgate final regulations requiring, effective on the date that is 90 days after the date on which such final regulations are published in the Federal Register, a facility to report the information described in paragraph (2) to the Secretary in a standardized format, and such other regulations as are necessary to carry out this subsection. Such final regulations shall ensure that the facility certifies, as a condition of participation and payment under the program under subchapter XVIII or XIX, that the information reported by the facility in accordance with such final regulations is, to the best of the facilitys knowledge, accurate and current.
(B) Guidance The Secretary shall provide guidance and technical assistance to States on how to adopt the standardized format under subparagraph (A).
(4) No effect on existing reporting requirements Nothing in this subsection shall reduce, diminish, or alter any reporting requirement for a facility that is in effect as of March 23, 2010.
(5) Definitions In this subsection:
(A) Additional disclosable party The term “additional disclosable party” means, with respect to a facility, any person or entity who—
(i) exercises operational, financial, or managerial control over the facility or a part thereof, or provides policies or procedures for any of the operations of the facility, or provides financial or cash management services to the facility;
(ii) leases or subleases real property to the facility, or owns a whole or part interest equal to or exceeding 5 percent of the total value of such real property; or
(iii) provides management or administrative services, management or clinical consulting services, or accounting or financial services to the facility.
(B) Facility The term “facility” means a disclosing entity which is—
(i) a skilled nursing facility (as defined in section 1395i3(a) of this title); or
(ii) a nursing facility (as defined in section 1396r(a) of this title).
(C) Managing employee The term “managing employee” means, with respect to a facility, an individual (including a general manager, business manager, administrator, director, or consultant) who directly or indirectly manages, advises, or supervises any element of the practices, finances, or operations of the facility.
(D) Organizational structure The term “organizational structure” means, in the case of—
(i) a corporation, the officers, directors, and shareholders of the corporation who have an ownership interest in the corporation which is equal to or exceeds 5 percent;
(ii) a limited liability company, the members and managers of the limited liability company (including, as applicable, what percentage each member and manager has of the ownership interest in the limited liability company);
(iii) a general partnership, the partners of the general partnership;
(iv) a limited partnership, the general partners and any limited partners of the limited partnership who have an ownership interest in the limited partnership which is equal to or exceeds 10 percent;
(v) a trust, the trustees of the trust;
(vi) an individual, contact information for the individual; and
(vii) any other person or entity, such information as the Secretary determines appropriate.
(Aug. 14, 1935, ch. 531, title XI, § 1124, as added Pub. L. 95142, § 3(a)(1), Oct. 25, 1977, 91 Stat. 1177; amended Pub. L. 96499, title IX, § 912(a), Dec. 5, 1980, 94 Stat. 2619; Pub. L. 9735, title XXIII, § 2353(i), Aug. 13, 1981, 95 Stat. 872; Pub. L. 10093, § 11, Aug. 18, 1987, 101 Stat. 697; Pub. L. 10533, title IV, §§ 4313(a), 4707(c), Aug. 5, 1997, 111 Stat. 388, 506; Pub. L. 111148, title VI, § 6101(a), Mar. 23, 2010, 124 Stat. 699.)
## Notes
Editorial Notes
References in TextThe Internal Revenue Code of 1986, referred to in subsec. (a)(1), is classified generally to Title 26, Internal Revenue Code. Section 6101(b) of the Patient Protection and Affordable Care Act, referred to in subsec. (c)(1)(A), is section 6101(b) of Pub. L. 111148, which is set out as a note below.
Amendments2010—Subsec. (c). Pub. L. 111148 added subsec. (c). 1997—Subsec. (a)(1). Pub. L. 10533, § 4313(a), inserted before period at end of concluding provisions “and supply the Secretary with the both the employer identification number (assigned pursuant to section 6109 of the Internal Revenue Code of 1986) and social security account number (assigned under section 405(c)(2)(B) of this title) of the disclosing entity, each person with an ownership or control interest (as defined in subsection (a)(3)), and any subcontractor in which the entity directly or indirectly has a 5 percent or more ownership interest.” The insertion was made to reflect the probable intent of Congress, in the absence of closing quotations designating the provisions to be inserted. Subsec. (a)(2)(A). Pub. L. 10533, § 4707(c), inserted “a managed care entity, as defined in section 1396u2(a)(1)(B) of this title,” after “renal disease facility,”. 1987—Subsec. (a)(3)(A)(ii). Pub. L. 10093 struck out “$25,000 or” after “exceeds”. 1981—Subsec. (a)(1). Pub. L. 9735, § 2353(i)(1), substituted in subpars. (A) and (B) “and XIX” for “XIX, and XX”. Subsec. (a)(2)(D). Pub. L. 9735, § 2353(i)(2)(C), struck out subpar. (D) which included within term “disclosing entity” an entity, other than an individual practitioner or group of practitioners, that furnishes, or arranges for the furnishing of, health related services with respect to which payment may be claimed by the entity under a State plan or program approved under subchapter XX of this chapter. 1980—Subsec. (a)(3)(A)(ii). Pub. L. 96499 substituted “of a whole or part interest” for “(in whole or in part) of an interest of 5 per centum or more” and inserted “, which whole or part interest is equal to or exceeds $25,000 or 5 per centum of the total property and assets of the entity”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 10533, title IV, § 4313(e), Aug. 5, 1997, 111 Stat. 389, provided that: “(1) Disclosure requirements.—The amendment made by subsection (a) [amending this section] shall apply to the application of conditions of participation, and entering into and renewal of contracts and agreements, occurring more than 90 days after the date of submission of the report under subsection (d) [set out as a note below]. “(2) Other providers.—The amendments made by subsection (b) [amending section 1320a3a of this title] shall apply to payment for items and services furnished more than 90 days after the date of submission of such report.” Amendment by section 4707(c) of Pub. L. 10533 effective Aug. 5, 1997, and applicable to contracts entered into or renewed on or after Oct. 1, 1997, see section 4710 of Pub. L. 10533, set out as a note under section 1396b of this title.
Effective Date of 1987 AmendmentAmendment by Pub. L. 10093 effective at end of fourteen-day period beginning Aug. 18, 1987, and inapplicable to administrative proceedings commenced before end of such period, see section 15(a) of Pub. L. 10093, set out as a note under section 1320a7 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, except as otherwise explicitly provided, see section 2354 of Pub. L. 9735, set out as an Effective Date note under section 1397 of this title.
Effective DatePub. L. 95142, § 3(e), Oct. 25, 1977, 91 Stat. 1179, provided that: “The amendment made by subsection (a)(1) [enacting this section] shall apply with respect to certifications and recertifications made (and participation in the programs established by titles V, XVIII, XIX, and XX of the Social Security Act [42 U.S.C. 701 et seq., 1395 et seq., 1396 et seq., 1397 et seq.] pursuant to certifications and recertifications made), and fiscal intermediary or agent agreements or contracts entered into or renewed, on and after the date of the enactment of this Act [Oct. 25, 1977]. The remaining amendments made by this section [amending sections 1395x and 1395cc of this title] shall take effect on the date of the enactment of this Act [Oct. 25, 1977]; except that the amendments made by subsections (c) and (d) [amending sections 1396a, 1396b, 1397a, and 1397b of this title] shall become effective January 1, 1978.”
Public Availability of InformationPub. L. 111148, title VI, § 6101(b), Mar. 23, 2010, 124 Stat. 702, provided that: “Not later than the date that is 1 year after the date on which the final regulations promulgated under section 1124(c)(3)(A) of the Social Security Act [42 U.S.C. 1320a3(c)(3)(A)], as added by subsection (a), are published in the Federal Register, the Secretary of Health and Human Services shall make the information reported in accordance with such final regulations available to the public in accordance with procedures established by the Secretary.”
Report on Confidentiality of Social Security Account NumbersPub. L. 10533, title IV, § 4313(d), Aug. 5, 1997, 111 Stat. 389, provided that: “Before the amendments made by this section [amending this section and section 1320a3a of this title] may become effective, the Secretary of Health and Human Services shall submit to Congress a report on steps the Secretary has taken to assure the confidentiality of social security account numbers that will be provided to the Secretary under such amendments.”
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# 42 U.S.C. § 1320a3a - Disclosure requirements for other providers under part B of Medicare
## Text
(a) Disclosure required to receive payment No payment may be made under part B of subchapter XVIII for items or services furnished by any disclosing part B provider unless such provider has provided the Secretary with full and complete information—
(1) on the identity of each person with an ownership or control interest in the provider or in any subcontractor (as defined by the Secretary in regulations) in which the provider directly or indirectly has a 5 percent or more ownership interest;
(2) with respect to any person identified under paragraph (1) or any managing employee of the provider—
(A) on the identity of any other entities providing items or services for which payment may be made under subchapter XVIII with respect to which such person or managing employee is a person with an ownership or control interest at the time such information is supplied or at any time during the 3-year period ending on the date such information is supplied, and
(B) as to whether any penalties, assessments, or exclusions have been assessed against such person or managing employee under section 1320a7, 1320a7a, or 1320a7b of this title; and
(3) including the employer identification number (assigned pursuant to section 6109 of the Internal Revenue Code of 1986) and social security account number (assigned under section 405(c)(2)(B) of this title) of the disclosing part B provider and any person, managing employee, or other entity identified or described under paragraph (1) or (2).
(b) Updates to information supplied A disclosing part B provider shall notify the Secretary of any changes or updates to the information supplied under subsection (a) not later than 180 days after such changes or updates take effect.
(c) Verification (1) Transmittal by HHS The Secretary shall transmit—
(A) to the Commissioner of Social Security information concerning each social security account number (assigned under section 405(c)(2)(B) of this title), and
(B) to the Secretary of the Treasury information concerning each employer identification number (assigned pursuant to section 6109 of the Internal Revenue Code of 1986),
supplied to the Secretary pursuant to subsection (a)(3) or section 1320a3(c) 11 See References in Text note below. of this title to the extent necessary for verification of such information in accordance with paragraph (2).
(2) Verification The Commissioner of Social Security and the Secretary of the Treasury shall verify the accuracy of, or correct, the information supplied by the Secretary to such official pursuant to paragraph (1), and shall report such verifications or corrections to the Secretary.
(3) Fees for verification The Secretary shall reimburse the Commissioner and Secretary of the Treasury, at a rate negotiated between the Secretary and such official, for the costs incurred by such official in performing the verification and correction services described in this subsection.
(d) Definitions For purposes of this section—
(1) the term “disclosing part B provider” means any entity receiving payment on an assignment-related basis (or, for purposes of subsection (a)(3), any entity receiving payment) for furnishing items or services for which payment may be made under part B of subchapter XVIII, except that such term does not include an entity described in section 1320a3(a)(2) of this title;
(2) the term “managing employee” means, with respect to a provider, a person described in section 1320a5(b) of this title; and
(3) the term “person with an ownership or control interest” means, with respect to a provider—
(A) a person described in section 1320a3(a)(3) of this title, or
(B) a person who has one of the 5 largest direct or indirect ownership or control interests in the provider.
(Aug. 14, 1935, ch. 531, title XI, § 1124A, as added Pub. L. 101508, title IV, § 4164(b)(1), Nov. 5, 1990, 104 Stat. 1388101; amended Pub. L. 103432, title I, § 147(f)(7)(A)(i), Oct. 31, 1994, 108 Stat. 4432; Pub. L. 10533, title IV, § 4313(b), (c), Aug. 5, 1997, 111 Stat. 388.)
## Notes
Editorial Notes
References in TextThe Internal Revenue Code of 1986, referred to in subsecs. (a)(3) and (c)(1)(B), is classified generally to Title 26, Internal Revenue Code. Section 1320a3 of this title, referred to in subsec. (c)(1), does not contain a subsec. (c).
Amendments1997—Subsec. (a)(3). Pub. L. 10533, § 4313(b)(1), added par. (3). Subsec. (c). Pub. L. 10533, § 4313(c)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (c)(1). Pub. L. 10533, § 4313(b)(2), inserted “(or, for purposes of subsection (a)(3), any entity receiving payment)” after “on an assignment-related basis”. Subsec. (d). Pub. L. 10533, § 4313(c)(1), redesignated subsec. (c) as (d). 1994—Subsec. (a)(2)(A). Pub. L. 103432 made technical amendment to reference to subchapter XVIII of this chapter to correct reference to corresponding provision of original act.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by section 4313(b) of Pub. L. 10533 applicable to payment for items and services furnished more than 90 days after date of submission of report under section 4313(d) of Pub. L. 10533, set out as a note under section 1320a3 of this title, see section 4313(e) of Pub. L. 10533, set out as a note under section 1320a3 of this title.
Effective Date of 1994 AmendmentPub. L. 103432, title I, § 147(g), Oct. 31, 1994, 108 Stat. 4432, provided that: “Except as otherwise provided in this section [amending this section and sections 1320b5, 1395l, 1395p, 1395q, 1395x, 1395y, and 1395cc of this title, enacting provisions set out as notes under sections 1395l, 1395p, and 1395y of this title, amending provisions set out as notes under this section and sections 254b, 1395l, and 1395u of this title, and repealing provisions set out as a note under section 1395l of this title], the amendments made by this section shall take effect as if included in the enactment of OBRA1990 [Pub L. 101508].”
Effective DatePub. L. 101508, title IV, § 4164(b)(4), Nov. 5, 1990, 104 Stat. 1388102, as amended by Pub. L. 103432, title I, § 147(f)(7)(A)(ii), Oct. 31, 1994, 108 Stat. 4432, provided that: “The amendments made by paragraphs (1), (2), and (3) [enacting this section and amending sections 1320a7 and 1320a7b of this title] shall apply with respect to items or services furnished on or after— “(A) January 1, 1993, in the case of items or services furnished by a provider who, on or before the date of the enactment of this Act [Nov. 5, 1990], has furnished items or services for which payment may be made under part B of title XVIII of the Social Security Act [42 U.S.C. 1395j et seq.]; or “(B) January 1, 1992, in the case of items or services furnished by any other provider.”
Report on Confidentiality of Social Security Account NumbersBefore amendment by Pub. L. 10533 may become effective, Secretary of Health and Human Services is required to submit to Congress a report on steps Secretary has taken to assure the confidentiality of social security account numbers that will be provided to Secretary, see section 4313(d) of Pub. L. 10533, set out as a note under section 1320a3 of this title.
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# 42 U.S.C. § 1320a4 - Issuance of subpenas by Comptroller General
## Text
(a) Authorization; scope; service and proof of service For the purpose of any audit, investigation, examination, analysis, review, evaluation, or other function authorized by law with respect to any program authorized under this chapter, the Comptroller General of the United States shall have power to sign and issue subpenas to any person requiring the production of any pertinent books, records, documents, or other information. Subpenas so issued by the Comptroller General shall be served by anyone authorized by him (1) by delivering a copy thereof to the person named therein, or (2) by registered mail or by certified mail addressed to such person at his last dwelling place or principal place of business. A verified return by the person so serving the subpena setting forth the manner of service, or, in the case of service by registered mail or by certified mail, the return post office receipt therefor signed by the person so served, shall be proof of service.
(b) Contumacy or refusal to obey subpena; contempt proceedings In case of contumacy by, or refusal to obey a subpena issued pursuant to subsection (a) of this section and duly served upon, any person, any district court of the United States for the judicial district in which such person charged with contumacy or refusal to obey is found or resides or transacts business, upon application by the Comptroller General, shall have jurisdiction to issue an order requiring such person to produce the books, records, documents, or other information sought by the subpena; and any failure to obey such order of the court may be punished by the court as a contempt thereof. In proceedings brought under this subsection, the Comptroller General shall be represented by attorneys employed in the Government Accountability Office or by counsel whom he may employ without regard to the provisions of title 5 governing appointments in the competitive service, and the provisions of chapter 51 and subchapters III and VI of chapter 53 of such title, relating to classification and General Schedule pay rates.
(c) Nondisclosure of personal medical records by Government Accountability Office No personal medical record in the possession of the Government Accountability Office shall be subject to subpena or discovery proceedings in a civil action.
(Aug. 14, 1935, ch. 531, title XI, § 1125, as added Pub. L. 95142, § 6, Oct. 25, 1977, 91 Stat. 1192; amended Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814.)
## Notes
Editorial Notes
Amendments2004—Subsecs. (b), (c). Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office” wherever appearing.
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# 42 U.S.C. § 1320a5 - Disclosure by institutions, organizations, and agencies of owners, officers, etc., convicted of offenses related to programs; notification requirements; “managing employee” defined
## Text
(a) As a condition of participation in or certification or recertification under the programs established by subchapters XVIII,11 So in original. The comma probably should not appear. and XIX, any hospital, nursing facility, or other entity (other than an individual practitioner or group of practitioners) shall be required to disclose to the Secretary or to the appropriate State agency the name of any person that is a person described in subparagraphs (A) and (B) of section 1320a7(b)(8) of this title. The Secretary or the appropriate State agency shall promptly notify the Inspector General in the Department of Health and Human Services of the receipt from any entity of any application or request for such participation, certification, or recertification which discloses the name of any such person, and shall notify the Inspector General of the action taken with respect to such application or request.
(b) For the purposes of this section, the term “managing employee” means, with respect to an entity, an individual, including a general manager, business manager, administrator, and director, who exercises operational or managerial control over the entity, or who directly or indirectly conducts the day-to-day operations of the entity.
(Aug. 14, 1935, ch. 531, title XI, § 1126, as added Pub. L. 95142, § 8(a), Oct. 25, 1977, 91 Stat. 1194; amended Pub. L. 9735, title XXIII, § 2353(j), Aug. 13, 1981, 95 Stat. 873; Pub. L. 98369, div. B, title VI, § 2663(j)(2)(D)(vi), July 18, 1984, 98 Stat. 1170; Pub. L. 10093, § 8(b), Aug. 18, 1987, 101 Stat. 692.)
## Notes
Editorial Notes
Amendments1987—Subsec. (a). Pub. L. 10093, § 8(b)(1), in first sentence substituted “or other entity (other than an individual practitioner or group of practitioners) shall be required to disclose to the Secretary or to the appropriate State agency the name of any person that is a person described in subparagraphs (A) and (B) of section 1320a7(b)(8) of this title.” for “or other institution, organization, or agency shall be required to disclose to the Secretary or to the appropriate State agency the name of any person who— “(1) has a direct or indirect ownership or control interest of 5 percent or more in such institution, organization, or agency or is an officer, director, agent, or managing employee (as defined in subsection (b) of this section) of such institution, organization, or agency, and “(2) has been convicted (on or after October 25, 1977, or within such period prior to that date as the Secretary shall specify in regulations) of a criminal offense related to the involvement of such person in any of such programs.”, and in second sentence substituted “entity” for “institution, organization, or agency”. Subsec. (b). Pub. L. 10093, § 8(b)(2), substituted “entity” for “institution, organization, or agency” in three places. 1984—Subsec. (a). Pub. L. 98369 substituted “Health and Human Services” for “Health, Education, and Welfare” in provisions following par. (2). 1981—Subsec. (a). Pub. L. 9735 substituted in provision preceding par. (1) “and XIX” for “XIX, and XX”.
Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentAmendment by Pub. L. 10093 effective at end of fourteen-day period beginning Aug. 18, 1987, and inapplicable to administrative proceedings commenced before end of such period, see section 15(a) of Pub. L. 10093, set out as a note under section 1320a7 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98369, set out as a note under section 401 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, except as otherwise explicitly provided, see section 2354 of Pub. L. 9735, set out as an Effective Date note under section 1397 of this title.
Effective DatePub. L. 95142, § 8(e), Oct. 25, 1977, 91 Stat. 1195, provided that: “The amendments made by this section [enacting this section and amending sections 1395cc, 1396b, and 1397a of this title] shall apply with respect to contracts, agreements, and arrangements entered into and approvals given pursuant to applications or requests made on and after the first day of the fourth month beginning after the date of the enactment of this Act [Oct. 25, 1977].”
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# 42 U.S.C. § 1320a6 - Adjustments in SSI benefits on account of retroactive benefits under subchapter II
## Text
(a) Reduction in benefits Notwithstanding any other provision of this chapter, in any case where an individual—
(1) is entitled to benefits under subchapter II that were not paid in the months in which they were regularly due; and
(2) is an individual or eligible spouse eligible for supplemental security income benefits for one or more months in which the benefits referred to in clause (1) were regularly due,
then any benefits under subchapter II that were regularly due in such month or months, or supplemental security income benefits for such month or months, which are due but have not been paid to such individual or eligible spouse shall be reduced by an amount equal to so much of the supplemental security income benefits, whether or not paid retroactively, as would not have been paid or would not be paid with respect to such individual or spouse if he had received such benefits under subchapter II in the month or months in which they were regularly due. A benefit under subchapter II shall not be reduced pursuant to the preceding sentence to the extent that any amount of such benefit would not otherwise be available for payment in full of the maximum fee which may be recovered from such benefit by an attorney pursuant to subsection (a)(4) or (b) of section 406 of this title.
(b) “Supplemental security income benefits” defined For purposes of this section, the term “supplemental security income benefits” means benefits paid or payable by the Commissioner of Social Security under subchapter XVI, including State supplementary payments under an agreement pursuant to section 1382e(a) of this title or an administration agreement under section 212(b) of Public Law 9366.
(c) Reimbursement of the State From the amount of the reduction made under subsection (a), the Commissioner of Social Security shall reimburse the State on behalf of which supplementary payments were made for the amount (if any) by which such States expenditures on account of such supplementary payments for the month or months involved exceeded the expenditures which the State would have made (for such month or months) if the individual had received the benefits under subchapter II at the times they were regularly due. An amount equal to the portion of such reduction remaining after reimbursement of the State under the preceding sentence shall be covered into the general fund of the Treasury.
(Aug. 14, 1935, ch. 531, title XI, § 1127, as added Pub. L. 96265, title V, § 501(a), June 9, 1980, 94 Stat. 469; amended Pub. L. 98369, div. B, title VI, § 2615(a), July 18, 1984, 98 Stat. 1132; Pub. L. 101508, title V, § 5106(b), Nov. 5, 1990, 104 Stat. 1388268; Pub. L. 103296, title I, § 108(b)(8), title III, § 321(f)(3)(B)(ii), Aug. 15, 1994, 108 Stat. 1483, 1542.)
## Notes
Editorial Notes
References in TextSection 212(b) of Pub. L. 9366, referred to in subsec. (b), is set out as a note under section 1382 of this title.
Amendments1994—Subsec. (a). Pub. L. 103296, § 321(f)(3)(B)(ii), in last sentence substituted “subsection (a)(4) or (b) of section 406 of this title” for “section 406(a)(4) of this title”. Subsecs. (b), (c). Pub. L. 103296, § 108(b)(8), substituted “Commissioner of Social Security” for “Secretary”. 1990—Subsec. (a). Pub. L. 101508 inserted at end “A benefit under subchapter II shall not be reduced pursuant to the preceding sentence to the extent that any amount of such benefit would not otherwise be available for payment in full of the maximum fee which may be recovered from such benefit by an attorney pursuant to section 406(a)(4) of this title.” 1984—Pub. L. 98369 substituted provisions relating to adjustment in supplemental security income benefits on account of retroactive benefits under subchapter II of this chapter for provisions which related to adjustment of retroactive benefits under subchapter II of this chapter on account of supplemental security income benefits.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by section 108(b)(8) of Pub. L. 103296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103296, set out as a note under section 401 of this title. Amendment by section 321(f)(3)(B)(ii) of Pub. L. 103296 effective as if included in the provisions of the Omnibus Reconciliation Act of 1990, Pub. L. 101508, to which such amendment relates, except that such amendment applicable with respect to favorable judgments made after 180 days after Aug. 15, 1994, see section 321(f)(5) of Pub. L. 103296, set out as a note under section 405 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 applicable with respect to determinations made on or after July 1, 1991, and to reimbursement for travel expenses incurred on or after Apr. 1, 1991, see section 5106(d), of Pub. L. 101508, set out as a note under section 401 of this title.
Effective Date of 1984 AmendmentPub. L. 98369, div. B, § 2615(b), July 18, 1984, 98 Stat. 1133, provided that: “The amendment made by this section [amending this section] shall apply for purposes of reducing retroactive benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] or retroactive supplemental security income benefits payable beginning with the seventh month following the month in which this Act is enacted [July 1984]; except that in the case of retroactive title II benefits other than those which result from a determination of entitlement following an application for benefits under title II or from a reinstatement of benefits under title II following a period of suspension or termination of such benefits, it shall apply when the Secretary of Health and Human Services determines that it is administratively feasible.”
Effective DatePub. L. 96265, title V, § 501(d), June 9, 1980, 94 Stat. 470, provided that: “The amendments made by this section [enacting this section and amending sections 404 and 1383 of this title] shall be applicable in the case of payments of monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] entitlement for which is determined on or after the first day of the thirteenth month which begins after the date of the enactment of this Act [June 9, 1980].”
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# 42 U.S.C. § 1320a6a - Interagency coordination to improve program administration
## Text
(a) Coordination agreement Notwithstanding any other provision of law, including section 407 of this title, the Commissioner of Social Security (referred to in this section as “the Commissioner”) and the Director of the Office of Personnel Management (referred to in this section as “the Director”) shall enter into an agreement under which a system is established to carry out the following procedure:
(1) The Director shall notify the Commissioner when any individual is determined to be entitled to a monthly disability annuity payment pursuant to subchapter V of chapter 84 of subpart G of part III of title 5 and shall certify that such individual has provided the authorization described in subsection (f).
(2) If the Commissioner determines that an individual described in paragraph (1) is also entitled to past-due benefits under section 423 of this title, the Commissioner shall notify the Director of such fact.
(3) Not later than 30 days after receiving a notification described in paragraph (2) with respect to an individual, the Director shall provide the Commissioner with the total amount of any disability annuity overpayments made to such individual, as well as any other information (in such form and manner as the Commissioner shall require) that the Commissioner determines is necessary to carry out this section.
(4) If the Director provides the Commissioner with the information described in paragraph (3) in a timely manner, the Commissioner may withhold past-due benefits under section 423 of this title to which such individual is entitled and may pay the amount described in paragraph (3) to the Office of Personnel Management for any disability annuity overpayments made to such individual.
(5) The Director shall credit any amount received under paragraph (4) with respect to an individual toward any disability annuity overpayment owed by such individual.
(b) Limitations (1) Priority of other reductions Benefits shall only be withheld under this section after any other reduction applicable under this chapter, including sections 406(a)(4), 424a, and 1320a6(a) of this title.
(2) Timely notification required The Commissioner may not withhold benefits under this section if the Director does not provide the notice described in subsection (a)(3) within the time period described in such subsection.
(c) Delayed payment of past-due benefits If the Commissioner is required to make a notification described in subsection (a)(2) with respect to an individual, the Commissioner shall not make any payment of past-due benefits under section 423 of this title to such individual until after the period described in subsection (a)(3).
(d) Review Notwithstanding section 405 of this title or any other provision of law, any determination regarding the withholding of past-due benefits under this section shall only be subject to adjudication and review by the Director under section 8461 of title 5.
(e) Disability annuity overpayment defined For purposes of this section, the term “disability annuity overpayment” means the amount of the reduction under section 8452(a)(2) of title 5 applicable to a monthly annuity payment made to an individual pursuant to subchapter V of chapter 84 of subpart G of part III of such title due to the individuals concurrent entitlement to a disability insurance benefit under section 423 of this title during such month.
(f) Authorization to withhold benefits The authorization described in this subsection, with respect to an individual, is written authorization provided by the individual to the Director which authorizes the Commissioner to withhold past-due benefits under section 423 of this title to which such individual is entitled in order to pay the amount withheld to the Office of Personnel Management for any disability overpayments made to such individual.
(g) Expenses The Director shall pay to the Social Security Administration an amount equal to the amount estimated by the Commissioner as the total cost incurred by the Social Security Administration in carrying out this section for each calendar quarter.
(Aug. 14, 1935, ch. 531, title XI, § 1127A, as added Pub. L. 11474, title VIII, § 841(a), Nov. 2, 2015, 129 Stat. 615.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 11474, title VIII, § 841(b), Nov. 2, 2015, 129 Stat. 617, provided that: “The amendment made by this section [enacting this section] shall apply to past-due disability insurance benefits payable on or after the date that is 1 year after the date of the enactment of this section [Nov. 2, 2015].”
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# 42 U.S.C. § 1320a7c - Fraud and abuse control program
## Text
(a) Establishment of program (1) In general Not later than January 1, 1997, the Secretary, acting through the Office of the Inspector General of the Department of Health and Human Services, and the Attorney General shall establish a program—
(A) to coordinate Federal, State, and local law enforcement programs to control fraud and abuse with respect to health plans,
(B) to conduct investigations, audits, evaluations, and inspections relating to the delivery of and payment for health care in the United States,
(C) to facilitate the enforcement of the provisions of sections 1320a7, 1320a7a, and 1320a7b of this title and other statutes applicable to health care fraud and abuse, and
(D) to provide for the modification and establishment of safe harbors and to issue advisory opinions and special fraud alerts pursuant to section 1320a7d of this title.
(2) Coordination with health plans In carrying out the program established under paragraph (1), the Secretary and the Attorney General shall consult with, and arrange for the sharing of data with representatives of health plans.
(3) Guidelines (A) In general The Secretary and the Attorney General shall issue guidelines to carry out the program under paragraph (1). The provisions of sections 553, 556, and 557 of title 5 shall not apply in the issuance of such guidelines.
(B) Information guidelines (i) In general Such guidelines shall include guidelines relating to the furnishing of information by health plans, providers, and others to enable the Secretary and the Attorney General to carry out the program (including coordination with health plans under paragraph (2)).
(ii) Confidentiality Such guidelines shall include procedures to assure that such information is provided and utilized in a manner that appropriately protects the confidentiality of the information and the privacy of individuals receiving health care services and items.
(iii) Qualified immunity for providing information The provisions of section 1320c6(a) of this title (relating to limitation on liability) shall apply to a person providing information to the Secretary or the Attorney General in conjunction with their performance of duties under this section.
(4) Ensuring access to documentation The Inspector General of the Department of Health and Human Services is authorized to exercise such authority described in paragraphs (3) through (9) of section 406(a) of title 5 as necessary with respect to the activities under the fraud and abuse control program established under this subsection.
(5) Authority of Inspector General Nothing in this chapter shall be construed to diminish the authority of any Inspector General, including such authority as provided in chapter 4 of title 5.
(6) Public-private partnership for waste, fraud, and abuse detection (A) In general Under the program described in paragraph (1), there is established a public-private partnership (in this paragraph referred to as the “partnership”) of health plans, Federal and State agencies, law enforcement agencies, health care anti-fraud organizations, and any other entity determined appropriate by the Secretary (in this paragraph referred to as “partners”) for purposes of detecting and preventing health care waste, fraud, and abuse.
(B) Contract with trusted third party In carrying out the partnership, the Secretary shall enter into a contract with a trusted third party for purposes of carrying out the duties of the partnership described in subparagraph (C).
(C) Duties of partnership The partnership shall—
(i) provide technical and operational support to facilitate data sharing between partners in the partnership;
(ii) analyze data so shared to identify fraudulent and aberrant billing patterns;
(iii) conduct aggregate analyses of health care data so shared across Federal, State, and private health plans for purposes of detecting fraud, waste, and abuse schemes;
(iv) identify outlier trends and potential vulnerabilities of partners in the partnership with respect to such schemes;
(v) refer specific cases of potential unlawful conduct to appropriate governmental entities;
(vi) convene, not less than annually, meetings with partners in the partnership for purposes of providing updates on the partnerships work and facilitating information sharing between the partners;
(vii) enter into data sharing and data use agreements with partners in the partnership in such a manner so as to ensure the partnership has access to data necessary to identify waste, fraud, and abuse while maintaining the confidentiality and integrity of such data;
(viii) provide partners in the partnership with plan-specific, confidential feedback on any aberrant billing patterns or potential fraud identified by the partnership with respect to such partner;
(ix) establish a process by which entities described in subparagraph (A) may enter the partnership and requirements such entities must meet to enter the partnership;
(x) provide appropriate training, outreach, and education to partners based on the results of data analyses described in clauses (ii) and (iii); and
(xi) perform such other duties as the Secretary determines appropriate.
(D) Substance use disorder treatment analysis Not later than 2 years after December 27, 2020, the trusted third party with a contract in effect under subparagraph (B) shall perform an analysis of aberrant or fraudulent billing patterns and trends with respect to providers and suppliers of substance use disorder treatments from data shared with the partnership.
(E) Executive board (i) Executive board composition (I) In general There shall be an executive board of the partnership comprised of representatives of the Federal Government and representatives of the private sector selected by the Secretary.
(II) Chairs The executive board shall be co-chaired by one Federal Government official and one representative from the private sector.
(ii) Meetings The executive board of the partnership shall meet at least once per year.
(iii) Executive board duties The duties of the executive board shall include the following:
(I) Providing strategic direction for the partnership, including membership criteria and a mission statement.
(II) Communicating with the leadership of the Department of Health and Human Services and the Department of Justice and the various private health sector associations.
(F) Reports Not later than January 1, 2023, and every 2 years thereafter, the Secretary shall submit to Congress and make available on the public website of the Centers for Medicare & Medicaid Services a report containing—
(i) a review of activities conducted by the partnership over the 2-year period ending on the date of the submission of such report, including any progress to any objectives established by the partnership;
(ii) any savings voluntarily reported by health plans participating in the partnership attributable to the partnership during such period;
(iii) any savings to the Federal Government attributable to the partnership during such period;
(iv) any other outcomes attributable to the partnership, as determined by the Secretary, during such period; and
(v) a strategic plan for the 2-year period beginning on the day after the date of the submission of such report, including a description of any emerging fraud and abuse schemes, trends, or practices that the partnership intends to study during such period.
(G) Funding The partnership shall be funded by amounts otherwise made available to the Secretary for carrying out the program described in paragraph (1).
(H) Transitional provisions To the extent consistent with this subsection, all functions, personnel, assets, liabilities, and administrative actions applicable on the date before December 27, 2020, to the National Fraud Prevention Partnership established on September 17, 2012, by charter of the Secretary shall be transferred to the partnership established under subparagraph (A) as of December 27, 2020.
(I) Nonapplicability of FACA The provisions of the Federal Advisory Committee Act shall not apply to the partnership established by subparagraph (A).
(J) Implementation Notwithstanding any other provision of law, the Secretary may implement the partnership established by subparagraph (A) by program instruction or otherwise.
(K) Definition For purposes of this paragraph, the term “trusted third party” means an entity that—
(i) demonstrates the capability to carry out the duties of the partnership described in subparagraph (C);
(ii) complies with such conflict of interest standards determined appropriate by the Secretary; and
(iii) meets such other requirements as the Secretary may prescribe.
(b) Additional use of funds by Inspector General (1) Reimbursements for investigations The Inspector General of the Department of Health and Human Services is authorized to receive and retain for current use reimbursement for the costs of conducting investigations and audits and for monitoring compliance plans when such costs are ordered by a court, voluntarily agreed to by the payor, or otherwise.
(2) Crediting Funds received by the Inspector General under paragraph (1) as reimbursement for costs of conducting investigations shall be deposited to the credit of the appropriation from which initially paid, or to appropriations for similar purposes currently available at the time of deposit, and shall remain available for obligation for 1 year from the date of the deposit of such funds.
(c) “Health plan” defined For purposes of this section, the term “health plan” means a plan or program that provides health benefits, whether directly, through insurance, or otherwise, and includes—
(1) a policy of health insurance;
(2) a contract of a service benefit organization; and
(3) a membership agreement with a health maintenance organization or other prepaid health plan.
(Aug. 14, 1935, ch. 531, title XI, § 1128C, as added Pub. L. 104191, title II, § 201(a), Aug. 21, 1996, 110 Stat. 1992; amended Pub. L. 111148, title VI, § 6403(c), Mar. 23, 2010, 124 Stat. 766; Pub. L. 116260, div. CC, title I, § 124(a), Dec. 27, 2020, 134 Stat. 2957; Pub. L. 117286, § 4(b)(78), Dec. 27, 2022, 136 Stat. 4351.)
## Notes
Editorial Notes
References in TextThe Federal Advisory Committee Act, referred to in subsec. (a)(6)(I), is Pub. L. 92463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
Amendments2022—Subsec. (a)(4). Pub. L. 117286, § 4(b)(78)(A), substituted “paragraphs (3) through (9) of section 406(a) of title 5” for “paragraphs (3) through (9) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.)”. Subsec. (a)(5). Pub. L. 117286, § 4(b)(78)(B), substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (5 U.S.C. App.).” 2020—Subsec. (a)(6). Pub. L. 116260 added par. (6). 2010—Subsec. (a)(1)(C) to (E). Pub. L. 111148 inserted “and” at end of subpar. (C), substituted period for “, and” at end of subpar. (D), and struck out subpar. (E) which read as follows: “to provide for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established under section 1320a7e of this title.”
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111148 effective on the first day after the final day of the transition period defined in section 6403(d)(5) of Pub. L. 111148, see section 6403(d)(6) of Pub. L. 111148, set out as a Transition Process; Regulations; Effective Date of 2010 Amendment note under section 1320a7e of this title.
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# 42 U.S.C. § 1320a7d - Guidance regarding application of health care fraud and abuse sanctions
## Text
(a) Solicitation and publication of modifications to existing safe harbors and new safe harbors (1) In general (A) Solicitation of proposals for safe harbors Not later than January 1, 1997, and not less than annually thereafter, the Secretary shall publish a notice in the Federal Register soliciting proposals, which will be accepted during a 60-day period, for—
(i) modifications to existing safe harbors issued pursuant to section 14(a) of the Medicare and Medicaid Patient and Program Protection Act of 1987 (42 U.S.C. 1320a7b note);
(ii) additional safe harbors specifying payment practices that shall not be treated as a criminal offense under section 1320a7b(b) of this title and shall not serve as the basis for an exclusion under section 1320a7(b)(7) of this title;
(iii) advisory opinions to be issued pursuant to subsection (b); and
(iv) special fraud alerts to be issued pursuant to subsection (c).
(B) Publication of proposed modifications and proposed additional safe harbors After considering the proposals described in clauses (i) and (ii) of subparagraph (A), the Secretary, in consultation with the Attorney General, shall publish in the Federal Register proposed modifications to existing safe harbors and proposed additional safe harbors, if appropriate, with a 60-day comment period. After considering any public comments received during this period, the Secretary shall issue final rules modifying the existing safe harbors and establishing new safe harbors, as appropriate.
(C) Report The Inspector General of the Department of Health and Human Services (in this section referred to as the “Inspector General”) shall, in an annual report to Congress or as part of the year-end semiannual report required by section 405 of title 5, describe the proposals received under clauses (i) and (ii) of subparagraph (A) and explain which proposals were included in the publication described in subparagraph (B), which proposals were not included in that publication, and the reasons for the rejection of the proposals that were not included.
(2) Criteria for modifying and establishing safe harbors In modifying and establishing safe harbors under paragraph (1)(B), the Secretary may consider the extent to which providing a safe harbor for the specified payment practice may result in any of the following:
(A) An increase or decrease in access to health care services.
(B) An increase or decrease in the quality of health care services.
(C) An increase or decrease in patient freedom of choice among health care providers.
(D) An increase or decrease in competition among health care providers.
(E) An increase or decrease in the ability of health care facilities to provide services in medically underserved areas or to medically underserved populations.
(F) An increase or decrease in the cost to Federal health care programs (as defined in section 1320a7b(f) of this title).
(G) An increase or decrease in the potential overutilization of health care services.
(H) The existence or nonexistence of any potential financial benefit to a health care professional or provider which may vary based on their decisions of—
(i) whether to order a health care item or service; or
(ii) whether to arrange for a referral of health care items or services to a particular practitioner or provider.
(I) Any other factors the Secretary deems appropriate in the interest of preventing fraud and abuse in Federal health care programs (as so defined).
(3) Consideration of safe harbor for certain contingency management interventions (A) In general Not later than one year after December 29, 2022, the Inspector General shall conduct a review on whether to establish a safe harbor described in paragraph (1)(A)(ii) for evidence-based contingency management incentives and the parameters for such a safe harbor. In conducting the review under the previous sentence, the Inspector General shall consider the extent to which providing such a safe harbor for evidence-based contingency management incentives may result in any of the factors described in paragraph (2).
(B) Report Not later than two years after December 29, 2022, the Secretary and the Inspector General shall submit to Congress recommendations, including based on the review conducted under subparagraph (A), for improving access to evidence-based contingency management interventions while ensuring quality of care, ensuring fidelity to evidence-based practices, and including strong program integrity safeguards that prevent increased waste, fraud, and abuse and prevent medically unnecessary or inappropriate items or services reimbursed in whole or in part by a Federal health care program.
(b) Advisory opinions (1) Issuance of advisory opinions The Secretary, in consultation with the Attorney General, shall issue written advisory opinions as provided in this subsection.
(2) Matters subject to advisory opinions The Secretary shall issue advisory opinions as to the following matters:
(A) What constitutes prohibited remuneration within the meaning of section 1320a7b(b) of this title or section 1320a7a(i)(6) of this title.
(B) Whether an arrangement or proposed arrangement satisfies the criteria set forth in section 1320a7b(b)(3) of this title for activities which do not result in prohibited remuneration.
(C) Whether an arrangement or proposed arrangement satisfies the criteria which the Secretary has established, or shall establish by regulation for activities which do not result in prohibited remuneration.
(D) What constitutes an inducement to reduce or limit services to individuals entitled to benefits under subchapter XVIII or subchapter XIX within the meaning of section 1320a7a(b) of this title.
(E) Whether any activity or proposed activity constitutes grounds for the imposition of a sanction under section 1320a7, 1320a7a, or 1320a7b of this title.
(3) Matters not subject to advisory opinions Such advisory opinions shall not address the following matters:
(A) Whether the fair market value shall be, or was paid or received for any goods, services or property.
(B) Whether an individual is a bona fide employee within the requirements of section 3121(d)(2) of the Internal Revenue Code of 1986.
(4) Effect of advisory opinions (A) Binding as to Secretary and parties involved Each advisory opinion issued by the Secretary shall be binding as to the Secretary and the party or parties requesting the opinion.
(B) Failure to seek opinion The failure of a party to seek an advisory opinion may not be introduced into evidence to prove that the party intended to violate the provisions of sections 11 So in original. Probably should be “section”. 1320a7, 1320a7a, or 1320a7b of this title.
(5) Regulations (A) In general Not later than 180 days after August 21, 1996, the Secretary shall issue regulations to carry out this section. Such regulations shall provide for—
(i) the procedure to be followed by a party applying for an advisory opinion;
(ii) the procedure to be followed by the Secretary in responding to a request for an advisory opinion;
(iii) the interval in which the Secretary shall respond;
(iv) the reasonable fee to be charged to the party requesting an advisory opinion; and
(v) the manner in which advisory opinions will be made available to the public.
(B) Specific contents Under the regulations promulgated pursuant to subparagraph (A)—
(i) the Secretary shall be required to issue to a party requesting an advisory opinion by not later than 60 days after the request is received; and
(ii) the fee charged to the party requesting an advisory opinion shall be equal to the costs incurred by the Secretary in responding to the request.
(6) Application of subsection This subsection shall apply to requests for advisory opinions made on or after the date which is 6 months after August 21, 1996.
(c) Special fraud alerts (1) In general (A) Request for special fraud alerts Any person may present, at any time, a request to the Inspector General for a notice which informs the public of practices which the Inspector General considers to be suspect or of particular concern under the Medicare program under subchapter XVIII or a State health care program, as defined in section 1320a7(h) of this title (in this subsection referred to as a “special fraud alert”).
(B) Issuance and publication of special fraud alerts Upon receipt of a request described in subparagraph (A), the Inspector General shall investigate the subject matter of the request to determine whether a special fraud alert should be issued. If appropriate, the Inspector General shall issue a special fraud alert in response to the request. All special fraud alerts issued pursuant to this subparagraph shall be published in the Federal Register.
(2) Criteria for special fraud alerts In determining whether to issue a special fraud alert upon a request described in paragraph (1), the Inspector General may consider—
(A) whether and to what extent the practices that would be identified in the special fraud alert may result in any of the consequences described in subsection (a)(2); and
(B) the volume and frequency of the conduct that would be identified in the special fraud alert.
(Aug. 14, 1935, ch. 531, title XI, § 1128D, as added Pub. L. 104191, title II, § 205, Aug. 21, 1996, 110 Stat. 2000; amended Pub. L. 10533, title IV, § 4331(a)(1), Aug. 5, 1997, 111 Stat. 395; Pub. L. 105277, div. J, title V, § 5201(c), Oct. 21, 1998, 112 Stat. 2681917; Pub. L. 106554, § 1(a)(6) [title V, § 543], Dec. 21, 2000, 114 Stat. 2763, 2763A551; Pub. L. 117286, § 4(b)(79), Dec. 27, 2022, 136 Stat. 4351; Pub. L. 117328, div. FF, title IV, § 4127, Dec. 29, 2022, 136 Stat. 5915.)
## Notes
Editorial Notes
References in TextSection 14(a) of the Medicare and Medicaid Patient and Program Protection Act of 1987, referred to in subsec. (a)(1)(A)(i), is section 14(a) of Pub. L. 10093, which is set out as a note under section 1320a7b of this title. The Internal Revenue Code of 1986, referred to in subsec. (b)(3)(B), is classified generally to Title 26, Internal Revenue Code.
Amendments2022—Subsec. (a)(1)(C). Pub. L. 117286 substituted “section 405 of title 5,” for “section 5 of the Inspector General Act of 1978 (5 U.S.C. App.),”. Subsec. (a)(3). Pub. L. 117328 added par. (3). 2000—Subsec. (b)(6). Pub. L. 106554 struck out “, and before the date which is 4 years after August 21, 1996” before period at end. 1998—Subsec. (b)(2)(A). Pub. L. 105277 inserted “or section 1320a7a(i)(6) of this title” before period at end. 1997—Subsec. (b)(2)(D). Pub. L. 10533 substituted “section 1320a7a(b)” for “section 1320a7b(b)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 effective as if included in the enactment of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104191, see section 4331(f) of Pub. L. 10533, set out as a note under section 1320a7e of this title.
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# 42 U.S.C. § 1320a7e - Health care fraud and abuse data collection program
## Text
(a) In general The Secretary shall maintain a national health care fraud and abuse data collection program under this section for the reporting of certain final adverse actions (not including settlements in which no findings of liability have been made) against health care providers, suppliers, or practitioners as required by subsection (b), with access as set forth in subsection (d), and shall furnish the information collected under this section to the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.).
(b) Reporting of information (1) In general Each Government agency and health plan shall report any final adverse action (not including settlements in which no findings of liability have been made) taken against a health care provider, supplier, or practitioner.
(2) Information to be reported The information to be reported under paragraph (1) includes:
(A) The name and TIN (as defined in section 7701(a)(41) of the Internal Revenue Code of 1986) of any health care provider, supplier, or practitioner who is the subject of a final adverse action.
(B) The name (if known) of any health care entity with which a health care provider, supplier, or practitioner, who is the subject of a final adverse action, is affiliated or associated.
(C) The nature of the final adverse action and whether such action is on appeal.
(D) A description of the acts or omissions and injuries upon which the final adverse action was based, and such other information as the Secretary determines by regulation is required for appropriate interpretation of information reported under this section.
(3) Confidentiality In determining what information is required, the Secretary shall include procedures to assure that the privacy of individuals receiving health care services is appropriately protected.
(4) Timing and form of reporting The information required to be reported under this subsection shall be reported regularly (but not less often than monthly) and in such form and manner as the Secretary prescribes. Such information shall first be required to be reported on a date specified by the Secretary.
(5) To whom reported The information required to be reported under this subsection shall be reported to the Secretary.
(6) Sanctions for failure to report (A) Health plans Any health plan that fails to report information on an adverse action required to be reported under this subsection shall be subject to a civil money penalty of not more than $25,000 for each such adverse action not reported. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1320a7a of this title are imposed and collected under that section.
(B) Governmental agencies The Secretary shall provide for a publication of a public report that identifies those Government agencies that have failed to report information on adverse actions as required to be reported under this subsection.
(c) Disclosure and correction of information (1) Disclosure With respect to the information about final adverse actions (not including settlements in which no findings of liability have been made) reported to the Secretary under this section with respect to a health care provider, supplier, or practitioner, the Secretary shall, by regulation, provide for—
(A) disclosure of the information, upon request, to the health care provider, supplier, or licensed practitioner, and
(B) procedures in the case of disputed accuracy of the information.
(2) Corrections Each Government agency and health plan shall report corrections of information already reported about any final adverse action taken against a health care provider, supplier, or practitioner, in such form and manner that the Secretary prescribes by regulation.
(d) Access to reported information (1) Availability The information collected under this section shall be available from the National Practitioner Data Bank to the agencies, authorities, and officials which are provided under section 1396r2(b) of this title information reported under section 1396r2(a) of this title.
(2) Fees for disclosure The Secretary may establish or approve reasonable fees for the disclosure of information under this section. The amount of such a fee may not exceed the costs of processing the requests for disclosure and of providing such information. Such fees shall be available to the Secretary to cover such costs.
(e) Protection from liability for reporting No person or entity, including the agency designated by the Secretary in subsection (b)(5) shall be held liable in any civil action with respect to any report made as required by this section, without knowledge of the falsity of the information contained in the report.
(f) Appropriate coordination In implementing this section, the Secretary shall provide for the maximum appropriate coordination with part B of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11131 et seq.) and section 1396r2 of this title.
(g) Definitions and special rules For purposes of this section:
(1) Final adverse action (A) In general The term “final adverse action” includes:
(i) Civil judgments against a health care provider, supplier, or practitioner in Federal or State court related to the delivery of a health care item or service.
(ii) Federal or State criminal convictions related to the delivery of a health care item or service.
(iii) Actions by Federal agencies responsible for the licensing and certification of health care providers, suppliers, and licensed health care practitioners, including—
(I) formal or official actions, such as revocation or suspension of a license (and the length of any such suspension), reprimand, censure or probation,
(II) any dismissal or closure of the proceedings by reason of the provider, supplier, or practitioner surrendering their license or leaving the State or jurisdiction 11 So in original. Probably should be followed by a comma.
(III) any other loss of license or the right to apply for, or renew, a license of the provider, supplier, or practitioner, whether by operation of law, voluntary surrender, non-renewability, or otherwise, or
(IV) any other negative action or finding by such Federal agency that is publicly available information.
(iv) Exclusion from participation in a Federal health care program (as defined in section 1320a7b(f) of this title).
(v) Any other adjudicated actions or decisions that the Secretary shall establish by regulation.
(B) Exception The term does not include any action with respect to a malpractice claim.
(2) Practitioner The terms “licensed health care practitioner”, “licensed practitioner”, and “practitioner” mean, with respect to a State, an individual who is licensed or otherwise authorized by the State to provide health care services (or any individual who, without authority holds himself or herself out to be so licensed or authorized).
(3) Government agency The term “Government agency” shall include:
(A) The Department of Justice.
(B) The Department of Health and Human Services.
(C) Any other Federal agency that either administers or provides payment for the delivery of health care services, including, but not limited to the Department of Defense and the Department of Veterans Affairs.
(D) Federal agencies responsible for the licensing and certification of health care providers and licensed health care practitioners.
(4) Health plan The term “health plan” has the meaning given such term by section 1320a7c(c) of this title.
(5) Determination of conviction For purposes of paragraph (1), the existence of a conviction shall be determined under paragraphs (1) through (4) of section 1320a7(i) of this title.
(Aug. 14, 1935, ch. 531, title XI, § 1128E, as added Pub. L. 104191, title II, § 221(a), Aug. 21, 1996, 110 Stat. 2009; amended Pub. L. 10533, title IV, § 4331(a)(2), (b), (d), Aug. 5, 1997, 111 Stat. 395, 396; Pub. L. 111148, title VI, § 6403(a), Mar. 23, 2010, 124 Stat. 763.)
## Notes
Editorial Notes
References in TextThe Health Care Quality Improvement Act of 1986, referred to in subsecs. (a) and (f), is title IV of Pub. L. 99660, Nov. 14, 1986, 100 Stat. 3784, which is classified generally to chapter 117 (§ 11101 et seq.) of this title. Part B of the Act is classified generally to subchapter II (§ 11131 et seq.) of chapter 117 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11101 of this title and Tables. The Internal Revenue Code of 1986, referred to in subsec. (b)(2)(A), is classified generally to Title 26, Internal Revenue Code.
Amendments2010—Subsec. (a). Pub. L. 111148, § 6403(a)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “Not later than January 1, 1997, the Secretary shall establish a national health care fraud and abuse data collection program for the reporting of final adverse actions (not including settlements in which no findings of liability have been made) against health care providers, suppliers, or practitioners as required by subsection (b) of this section, with access as set forth in subsection (c) of this section, and shall maintain a database of the information collected under this section.” Subsec. (d). Pub. L. 111148, § 6403(a)(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “(1) Availability.—The information in the database maintained under this section shall be available to Federal and State government agencies and health plans pursuant to procedures that the Secretary shall provide by regulation. “(2) Fees for disclosure.—The Secretary may establish or approve reasonable fees for the disclosure of information in such database (other than with respect to requests by Federal agencies). The amount of such a fee shall be sufficient to recover the full costs of operating the database. Such fees shall be available to the Secretary or, in the Secretarys discretion to the agency designated under this section to cover such costs.” Subsec. (f). Pub. L. 111148, § 6403(a)(3), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “The Secretary shall implement this section in such a manner as to avoid duplication with the reporting requirements established for the National Practitioner Data Bank under the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.).” Subsec. (g)(1)(A)(iii). Pub. L. 111148, § 6403(a)(4)(A)(i)(I), struck out “or State” after “Federal” in introductory provisions. Subsec. (g)(1)(A)(iii)(II). Pub. L. 111148, § 6403(a)(4)(A)(i)(III), added subcl. (II). Subsec. (g)(1)(A)(iii)(III). Pub. L. 111148, § 6403(a)(4)(A)(i)(II), redesignated subcl. (II) as (III). Former subcl. (III) redesignated (IV). Pub. L. 111148, § 6403(a)(4)(A)(i)(I), struck out “or State” after “Federal”. Subsec. (g)(1)(A)(iii)(IV). Pub. L. 111148, § 6403(a)(4)(A)(i)(II), redesignated subcl. (III) as (IV). Subsec. (g)(1)(A)(iv). Pub. L. 111148, § 6403(a)(4)(A)(ii), added cl. (iv) and struck out former cl. (iv) which read as follows: “Exclusion from participation in Federal or State health care programs (as defined in sections 1320a7b(f) and 1320a7(h) of this title, respectively).” Subsec. (g)(3)(D). Pub. L. 111148, § 6403(a)(4)(C), which directed amendment of subpar. (D) of subsec. (g) by striking out “or State”, was executed by striking out “or State” after “Federal” in subpar. (D) of subsec. (g)(3) to reflect the probable intent of Congress. Pub. L. 111148, § 6403(a)(4)(B), redesignated subpar. (F) as (D) and struck out former subpar. (D) which read as follows: “State law enforcement agencies.” Subsec. (g)(3)(E). Pub. L. 111148, § 6403(a)(4)(B)(i), struck out subpar. (E) which read as follows: “State medicaid fraud control units.” Subsec. (g)(3)(F). Pub. L. 111148, § 6403(a)(4)(B)(ii), redesignated subpar. (F) as (D). 1997—Subsec. (b)(6). Pub. L. 10533, § 4331(d), added par. (6). Subsec. (g)(3)(C). Pub. L. 10533, § 4331(a)(2), substituted “Department of Veterans Affairs” for “Veterans Administration”. Subsec. (g)(5). Pub. L. 10533, § 4331(b), substituted “paragraphs (1) through (4)” for “paragraph (4)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 10533, title IV, § 4331(f), Aug. 5, 1997, 111 Stat. 396, provided that: “(1) In general.—Except as provided in this subsection, the amendments made by this section [amending this section and sections 1320a7, 1320a7a, and 1320a7d of this title] shall be effective as if included in the enactment of the Health Insurance Portability and Accountability Act of 1996 [Pub. L. 104191]. “(2) Federal health program.—The amendments made by subsection (c) [amending section 1320a7 of this title] shall take effect on the date of the enactment of this Act [Aug. 5, 1997]. “(3) Sanction for failure to report.—The amendment made by subsection (d) [amending this section] shall apply to failures occurring on or after the date of the enactment of this Act.”
Transition Process; Regulations; Effective Date of 2010 AmendmentPub. L. 111148, title VI, § 6403(d), Mar. 23, 2010, 124 Stat. 766, provided that: “(1) In general.—Effective on the date of enactment of this Act [Mar. 23, 2010], the Secretary of Health and Human Services (in this section referred to as the Secretary) shall implement a transition process under which, by not later than the end of the transition period described in paragraph (5), the Secretary shall cease operating the Healthcare Integrity and Protection Data Bank established under section 1128E of the Social Security Act [42 U.S.C. 1320a7e] (as in effect before the effective date specified in paragraph (6)) and shall transfer all data collected in the Healthcare Integrity and Protection Data Bank to the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.). During such transition process, the Secretary shall have in effect appropriate procedures to ensure that data collection and access to the Healthcare Integrity and Protection Data Bank and the National Practitioner Data Bank are not disrupted. “(2) Regulations.—The Secretary shall promulgate regulations to carry out the amendments made by subsections (a) and (b) [amending this section and section 1396r2 of this title]. “(3) Funding.—“(A) Availability of fees.—Fees collected pursuant to section 1128E(d)(2) of the Social Security Act [42 U.S.C. 1320a7e(d)(2)] prior to the effective date specified in paragraph (6) for the disclosure of information in the Healthcare Integrity and Protection Data Bank shall be available to the Secretary, without fiscal year limitation, for payment of costs related to the transition process described in paragraph (1). Any such fees remaining after the transition period is complete shall be available to the Secretary, without fiscal year limitation, for payment of the costs of operating the National Practitioner Data Bank. “(B) Availability of additional funds.—In addition to the fees described in subparagraph (A), any funds available to the Secretary or to the Inspector General of the Department of Health and Human Services for a purpose related to combating health care fraud, waste, or abuse shall be available to the extent necessary for operating the Healthcare Integrity and Protection Data Bank during the transition period, including systems testing and other activities necessary to ensure that information formerly reported to the Healthcare Integrity and Protection Data Bank will be accessible through the National Practitioner Data Bank after the end of such transition period. “(4) Special provision for access to the national practitioner data bank by the department of veterans affairs.—“(A) In general.—Notwithstanding any other provision of law, during the 1-year period that begins on the effective date specified in paragraph (6), the information described in subparagraph (B) shall be available from the National Practitioner Data Bank to the Secretary of Veterans Affairs without charge. “(B) Information described.—For purposes of subparagraph (A), the information described in this subparagraph is the information that would, but for the amendments made by this section [amending this section and sections 1320a7c and 1396r2 of this title], have been available to the Secretary of Veterans Affairs from the Healthcare Integrity and Protection Data Bank. “(5) Transition period defined.—For purposes of this subsection, the term transition period means the period that begins on the date of enactment of this Act [Mar. 23, 2010] and ends on the later of—“(A) the date that is 1 year after such date of enactment; or “(B) the effective date of the regulations promulgated under paragraph (2). “(6) Effective date.—The amendments made by subsections (a), (b), and (c) [amending this section and sections 1320a7c and 1396r2 of this title] shall take effect on the first day after the final day of the transition period.”
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# 42 U.S.C. § 1320a7f - Coordination of medicare and medicaid surety bond provisions
## Text
In the case of a home health agency that is subject to a surety bond requirement under subchapter XVIII and subchapter XIX, the surety bond provided to satisfy the requirement under one such subchapter shall satisfy the requirement under the other such subchapter so long as the bond applies to guarantee return of overpayments under both such subchapters.
(Aug. 14, 1935, ch. 531, title XI, § 1128F, as added Pub. L. 106113, div. B, § 1000(a)(6) [title III, § 304(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A361.)
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# 42 U.S.C. § 1320a7g - Funds to reduce medicaid fraud and abuse
## Text
(1) In general For purposes of reducing fraud and abuse in the Medicaid program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]—
(A) there is appropriated to the Office of the Inspector General of the Department of Health and Human Services, out of any money in the Treasury not otherwise appropriated, $25,000,000, for fiscal year 2009; and
(B) there is authorized to be appropriated to such Office $25,000,000 for fiscal year 2010 and each subsequent fiscal year.
Amounts appropriated under this section shall remain available for expenditure until expended and shall be in addition to any other amounts appropriated or made available to such Office for such purposes with respect to the Medicaid program.
(2) Annual report Not later than September 30 of 2009 and of each subsequent year, the Inspector General of the Department of Health and Human Services shall submit to the Committees on Energy and Commerce and Appropriations of the House of Representatives and the Committees on Finance and Appropriations of the Senate a report on the activities (and the results of such activities) funded under paragraph (1) to reduce waste, fraud, and abuse in the Medicaid program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] during the previous 12 month period, including the amount of funds appropriated under such paragraph for each such activity and an estimate of the savings to the Medicaid program resulting from each such activity.
(Pub. L. 110252, title VII, § 7001(b), June 30, 2008, 122 Stat. 2389.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of this chapter. For complete classification of this Act to the Code, see section 1305 of this title and Tables. This section, referred to in par. (1), means section 7001 of Pub. L. 110252, which enacted this section and section 1396w of this title, amended sections 1396a and 1396b of this title, and repealed provisions set out as a note under section 1396a of this title.
Codification Section was enacted as part of the Supplemental Appropriations Act, 2008, and not as part of the Social Security Act which comprises this chapter.
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# 42 U.S.C. § 1320a7h - Transparency reports and reporting of physician ownership or investment interests
## Text
(a) Transparency reports (1) Payments or other transfers of value (A) In general On March 31, 2013, and on the 90th day of each calendar year beginning thereafter, any applicable manufacturer that provides a payment or other transfer of value to a covered recipient (or to an entity or individual at the request of or designated on behalf of a covered recipient), shall submit to the Secretary, in such electronic form as the Secretary shall require, the following information with respect to the preceding calendar year:
(i) The name of the covered recipient.
(ii) The business address of the covered recipient and, in the case of a covered recipient who is a physician, the specialty and National Provider Identifier of the covered recipient.
(iii) The amount of the payment or other transfer of value.
(iv) The dates on which the payment or other transfer of value was provided to the covered recipient.
(v) A description of the form of the payment or other transfer of value, indicated (as appropriate for all that apply) as—
(I) cash or a cash equivalent;
(II) in-kind items or services;
(III) stock, a stock option, or any other ownership interest, dividend, profit, or other return on investment; or
(IV) any other form of payment or other transfer of value (as defined by the Secretary).
(vi) A description of the nature of the payment or other transfer of value, indicated (as appropriate for all that apply) as—
(I) consulting fees;
(II) compensation for services other than consulting;
(III) honoraria;
(IV) gift;
(V) entertainment;
(VI) food;
(VII) travel (including the specified destinations);
(VIII) education;
(IX) research;
(X) charitable contribution;
(XI) royalty or license;
(XII) current or prospective ownership or investment interest;
(XIII) direct compensation for serving as faculty or as a speaker for a medical education program;
(XIV) grant; or
(XV) any other nature of the payment or other transfer of value (as defined by the Secretary).
(vii) If the payment or other transfer of value is related to marketing, education, or research specific to a covered drug, device, biological, or medical supply, the name of that covered drug, device, biological, or medical supply.
(viii) Any other categories of information regarding the payment or other transfer of value the Secretary determines appropriate.
(B) Special rule for certain payments or other transfers of value In the case where an applicable manufacturer provides a payment or other transfer of value to an entity or individual at the request of or designated on behalf of a covered recipient, the applicable manufacturer shall disclose that payment or other transfer of value under the name of the covered recipient.
(2) Physician ownership In addition to the requirement under paragraph (1)(A), on March 31, 2013, and on the 90th day of each calendar year beginning thereafter, any applicable manufacturer or applicable group purchasing organization shall submit to the Secretary, in such electronic form as the Secretary shall require, the following information regarding any ownership or investment interest (other than an ownership or investment interest in a publicly traded security and mutual fund, as described in section 1395nn(c) of this title) held by a physician (or an immediate family member of such physician (as defined for purposes of section 1395nn(a) of this title)) in the applicable manufacturer or applicable group purchasing organization during the preceding year:
(A) The dollar amount invested by each physician holding such an ownership or investment interest.
(B) The value and terms of each such ownership or investment interest.
(C) Any payment or other transfer of value provided to a physician holding such an ownership or investment interest (or to an entity or individual at the request of or designated on behalf of a physician holding such an ownership or investment interest), including the information described in clauses (i) through (viii) of paragraph (1)(A), except that in applying such clauses, “physician” shall be substituted for “covered recipient” each place it appears.
(D) Any other information regarding the ownership or investment interest the Secretary determines appropriate.
(b) Penalties for noncompliance (1) Failure to report (A) In general Subject to subparagraph (B) except as provided in paragraph (2), any applicable manufacturer or applicable group purchasing organization that fails to submit information required under subsection (a) in a timely manner in accordance with rules or regulations promulgated to carry out such subsection, shall be subject to a civil money penalty of not less than $1,000, but not more than $10,000, for each payment or other transfer of value or ownership or investment interest not reported as required under such subsection. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1320a7a of this title are imposed and collected under that section.
(B) Limitation The total amount of civil money penalties imposed under subparagraph (A) with respect to each annual submission of information under subsection (a) by an applicable manufacturer or applicable group purchasing organization shall not exceed $150,000.
(2) Knowing failure to report (A) In general Subject to subparagraph (B), any applicable manufacturer or applicable group purchasing organization that knowingly fails to submit information required under subsection (a) in a timely manner in accordance with rules or regulations promulgated to carry out such subsection, shall be subject to a civil money penalty of not less than $10,000, but not more than $100,000, for each payment or other transfer of value or ownership or investment interest not reported as required under such subsection. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1320a7a of this title are imposed and collected under that section.
(B) Limitation The total amount of civil money penalties imposed under subparagraph (A) with respect to each annual submission of information under subsection (a) by an applicable manufacturer or applicable group purchasing organization shall not exceed $1,000,000.
(3) Use of funds Funds collected by the Secretary as a result of the imposition of a civil money penalty under this subsection shall be used to carry out this section.
(c) Procedures for submission of information and public availability (1) In general (A) Establishment Not later than October 1, 2011, the Secretary shall establish procedures—
(i) for applicable manufacturers and applicable group purchasing organizations to submit information to the Secretary under subsection (a); and
(ii) for the Secretary to make such information submitted available to the public.
(B) Definition of terms The procedures established under subparagraph (A) shall provide for the definition of terms (other than those terms defined in subsection (e)), as appropriate, for purposes of this section.
(C) Public availability Except as provided in subparagraph (E), the procedures established under subparagraph (A)(ii) shall ensure that, not later than September 30, 2013, and on June 30 of each calendar year beginning thereafter, the information submitted under subsection (a) with respect to the preceding calendar year is made available through an Internet website that—
(i) is searchable and is in a format that is clear and understandable;
(ii) contains information that is presented by the name of the applicable manufacturer or applicable group purchasing organization, the name of the covered recipient, the business address of the covered recipient, the specialty of the covered recipient, the value of the payment or other transfer of value, the date on which the payment or other transfer of value was provided to the covered recipient, the form of the payment or other transfer of value, indicated (as appropriate) under subsection (a)(1)(A)(v), the nature of the payment or other transfer of value, indicated (as appropriate) under subsection (a)(1)(A)(vi), and the name of the covered drug, device, biological, or medical supply, as applicable;
(iii) contains information that is able to be easily aggregated and downloaded;
(iv) contains a description of any enforcement actions taken to carry out this section, including any penalties imposed under subsection (b), during the preceding year;
(v) contains background information on industry-physician relationships;
(vi) in the case of information submitted with respect to a payment or other transfer of value described in subparagraph (E)(i), lists such information separately from the other information submitted under subsection (a) and designates such separately listed information as funding for clinical research;
(vii) contains any other information the Secretary determines would be helpful to the average consumer;
(viii) in the case of information made available under this subparagraph prior to January 1, 2022, does not contain the National Provider Identifier of the covered recipient, and
(ix) subject to subparagraph (D), provides the applicable manufacturer, applicable group purchasing organization, or covered recipient an opportunity to review and submit corrections to the information submitted with respect to the applicable manufacturer, applicable group purchasing organization, or covered recipient, respectively, for a period of not less than 45 days prior to such information being made available to the public.
(D) Clarification of time period for review and corrections In no case may the 45-day period for review and submission of corrections to information under subparagraph (C)(ix) prevent such information from being made available to the public in accordance with the dates described in the matter preceding clause (i) in subparagraph (C).
(E) Delayed publication for payments made pursuant to product research or development agreements and clinical investigations (i) In general In the case of information submitted under subsection (a) with respect to a payment or other transfer of value made to a covered recipient by an applicable manufacturer pursuant to a product research or development agreement for services furnished in connection with research on a potential new medical technology or a new application of an existing medical technology or the development of a new drug, device, biological, or medical supply, or by an applicable manufacturer in connection with a clinical investigation regarding a new drug, device, biological, or medical supply, the procedures established under subparagraph (A)(ii) shall provide that such information is made available to the public on the first date described in the matter preceding clause (i) in subparagraph (C) after the earlier of the following:
(I) The date of the approval or clearance of the covered drug, device, biological, or medical supply by the Food and Drug Administration.
(II) Four calendar years after the date such payment or other transfer of value was made.
(ii) Confidentiality of information prior to publication Information described in clause (i) shall be considered confidential and shall not be subject to disclosure under section 552 of title 5 or any other similar Federal, State, or local law, until on or after the date on which the information is made available to the public under such clause.
(2) Consultation In establishing the procedures under paragraph (1), the Secretary shall consult with the Inspector General of the Department of Health and Human Services, affected industry, consumers, consumer advocates, and other interested parties in order to ensure that the information made available to the public under such paragraph is presented in the appropriate overall context.
(d) Annual reports and relation to State laws (1) Annual report to Congress Not later than April 1 of each year beginning with 2013, the Secretary shall submit to Congress a report that includes the following:
(A) The information submitted under subsection (a) during the preceding year, aggregated for each applicable manufacturer and applicable group purchasing organization that submitted such information during such year (except, in the case of information submitted with respect to a payment or other transfer of value described in subsection (c)(1)(E)(i), such information shall be included in the first report submitted to Congress after the date on which such information is made available to the public under such subsection).
(B) A description of any enforcement actions taken to carry out this section, including any penalties imposed under subsection (b), during the preceding year.
(2) Annual reports to States Not later than September 30, 2013 and on June 30 of each calendar year thereafter, the Secretary shall submit to States a report that includes a summary of the information submitted under subsection (a) during the preceding year with respect to covered recipients in the State (except, in the case of information submitted with respect to a payment or other transfer of value described in subsection (c)(1)(E)(i), such information shall be included in the first report submitted to States after the date on which such information is made available to the public under such subsection).
(3) Relation to State laws (A) In general.— In the case of a payment or other transfer of value provided by an applicable manufacturer that is received by a covered recipient (as defined in subsection (e)) on or after January 1, 2012, subject to subparagraph (B), the provisions of this section shall preempt any statute or regulation of a State or of a political subdivision of a State that requires an applicable manufacturer (as so defined) to disclose or report, in any format, the type of information (as described in subsection (a)) regarding such payment or other transfer of value.
(B) No preemption of additional requirements.— Subparagraph (A) shall not preempt any statute or regulation of a State or of a political subdivision of a State that requires the disclosure or reporting of information—
(i) not of the type required to be disclosed or reported under this section;
(ii) described in subsection (e)(10)(B), except in the case of information described in clause (i) of such subsection;
(iii) by any person or entity other than an applicable manufacturer (as so defined) or a covered recipient (as defined in subsection (e)); or
(iv) to a Federal, State, or local governmental agency for public health surveillance, investigation, or other public health purposes or health oversight purposes.
(C) Nothing in subparagraph (A) shall be construed to limit the discovery or admissibility of information described in such subparagraph in a criminal, civil, or administrative proceeding.
(4) Consultation The Secretary shall consult with the Inspector General of the Department of Health and Human Services on the implementation of this section.
(e) Definitions In this section:
(1) Applicable group purchasing organization The term “applicable group purchasing organization” means a group purchasing organization (as defined by the Secretary) that purchases, arranges for, or negotiates the purchase of a covered drug, device, biological, or medical supply which is operating in the United States, or in a territory, possession, or commonwealth of the United States.
(2) Applicable manufacturer The term “applicable manufacturer” means a manufacturer of a covered drug, device, biological, or medical supply which is operating in the United States, or in a territory, possession, or commonwealth of the United States.
(3) Clinical investigation The term “clinical investigation” means any experiment involving 1 or more human subjects, or materials derived from human subjects, in which a drug or device is administered, dispensed, or used.
(4) Covered device The term “covered device” means any device for which payment is available under subchapter XVIII or a State plan under subchapter XIX or XXI (or a waiver of such a plan).
(5) Covered drug, device, biological, or medical supply The term “covered drug, device, biological, or medical supply” means any drug, biological product, device, or medical supply for which payment is available under subchapter XVIII or a State plan under subchapter XIX or XXI (or a waiver of such a plan).
(6) Covered recipient (A) In general Except as provided in subparagraph (B), the term “covered recipient” means the following:
(i) A physician.
(ii) A teaching hospital.
(iii) A physician assistant, nurse practitioner, or clinical nurse specialist (as such terms are defined in section 1395x(aa)(5) of this title).
(iv) A certified registered nurse anesthetist (as defined in section 1395x(bb)(2) of this title).
(v) A certified nurse-midwife (as defined in section 1395x(gg)(2) of this title).
(B) Exclusion Such term does not include a physician, physician assistant, nurse practitioner, clinical nurse specialist, certified nurse anesthetist, or certified nurse-midwife who is an employee of the applicable manufacturer that is required to submit information under subsection (a).
(7) Employee The term “employee” has the meaning given such term in section 1395nn(h)(2) of this title.
(8) Knowingly The term “knowingly” has the meaning given such term in section 3729(b) of title 31.
(9) Manufacturer of a covered drug, device, biological, or medical supply The term “manufacturer of a covered drug, device, biological, or medical supply” means any entity which is engaged in the production, preparation, propagation, compounding, or conversion of a covered drug, device, biological, or medical supply (or any entity under common ownership with such entity which provides assistance or support to such entity with respect to the production, preparation, propagation, compounding, conversion, marketing, promotion, sale, or distribution of a covered drug, device, biological, or medical supply).
(10) Payment or other transfer of value (A) In general The term “payment or other transfer of value” means a transfer of anything of value. Such term does not include a transfer of anything of value that is made indirectly to a covered recipient through a third party in connection with an activity or service in the case where the applicable manufacturer is unaware of the identity of the covered recipient.
(B) Exclusions An applicable manufacturer shall not be required to submit information under subsection (a) with respect to the following:
(i) A transfer of anything the value of which is less than $10, unless the aggregate amount transferred to, requested by, or designated on behalf of the covered recipient by the applicable manufacturer during the calendar year exceeds $100. For calendar years after 2012, the dollar amounts specified in the preceding sentence shall be increased by the same percentage as the percentage increase in the consumer price index for all urban consumers (all items; U.S. city average) for the 12-month period ending with June of the previous year.
(ii) Product samples that are not intended to be sold and are intended for patient use.
(iii) Educational materials that directly benefit patients or are intended for patient use.
(iv) The loan of a covered device for a short-term trial period, not to exceed 90 days, to permit evaluation of the covered device by the covered recipient.
(v) Items or services provided under a contractual warranty, including the replacement of a covered device, where the terms of the warranty are set forth in the purchase or lease agreement for the covered device.
(vi) A transfer of anything of value to a covered recipient when the covered recipient is a patient and not acting in the professional capacity of a covered recipient.
(vii) Discounts (including rebates).
(viii) In-kind items used for the provision of charity care.
(ix) A dividend or other profit distribution from, or ownership or investment interest in, a publicly traded security and mutual fund (as described in section 1395nn(c) of this title).
(x) In the case of an applicable manufacturer who offers a self-insured plan, payments for the provision of health care to employees under the plan.
(xi) In the case of a covered recipient who is a licensed non-medical professional, a transfer of anything of value to the covered recipient if the transfer is payment solely for the non-medical professional services of such licensed non-medical professional.
(xii) In the case of a covered recipient who is a physician, a transfer of anything of value to the covered recipient if the transfer is payment solely for the services of the covered recipient with respect to a civil or criminal action or an administrative proceeding.
(11) Physician The term “physician” has the meaning given that term in section 1395x(r) of this title.
(Aug. 14, 1935, ch. 531, title XI, § 1128G, as added Pub. L. 111148, title VI, § 6002, Mar. 23, 2010, 124 Stat. 689; amended Pub. L. 115271, title VI, § 6111(a)(1), (b), Oct. 24, 2018, 132 Stat. 4006, 4007.)
## Notes
Editorial Notes
Amendments2018—Subsec. (c)(1)(C)(viii). Pub. L. 115271, § 6111(b), substituted “in the case of information made available under this subparagraph prior to January 1, 2022, does not contain” for “does not contain”. Subsec. (e)(6)(A)(iii) to (v). Pub. L. 115271, § 6111(a)(1)(A), added cls. (iii) to (v). Subsec. (e)(6)(B). Pub. L. 115271, § 6111(a)(1)(B), inserted “, physician assistant, nurse practitioner, clinical nurse specialist, certified nurse anesthetist, or certified nurse-midwife” after “physician”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentPub. L. 115271, title VI, § 6111(a)(2), Oct. 24, 2018, 132 Stat. 4006, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to information required to be submitted under section 1128G of the Social Security Act (42 U.S.C. 1320a7h) on or after January 1, 2022.”
AdministrationPub. L. 115271, title VI, § 6111(c), Oct. 24, 2018, 132 Stat. 4007, provided that: “Chapter 35 of title 44, United States Code, shall not apply to this section [amending this section and enacting provisions set out as notes under this section] or the amendments made by this section.”
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# 42 U.S.C. § 1320a7i - Reporting of information relating to drug samples
## Text
(a) In general Not later than April 1 of each year (beginning with 2012), each manufacturer and authorized distributor of record of an applicable drug shall submit to the Secretary (in a form and manner specified by the Secretary) the following information with respect to the preceding year:
(1) In the case of a manufacturer or authorized distributor of record which makes distributions by mail or common carrier under subsection (d)(2) of section 353 of title 21, the identity and quantity of drug samples requested and the identity and quantity of drug samples distributed under such subsection during that year, aggregated by—
(A) the name, address, professional designation, and signature of the practitioner making the request under subparagraph (A)(i) of such subsection, or of any individual who makes or signs for the request on behalf of the practitioner; and
(B) any other category of information determined appropriate by the Secretary.
(2) In the case of a manufacturer or authorized distributor of record which makes distributions by means other than mail or common carrier under subsection (d)(3) of such section 353 of title 21, the identity and quantity of drug samples requested and the identity and quantity of drug samples distributed under such subsection during that year, aggregated by—
(A) the name, address, professional designation, and signature of the practitioner making the request under subparagraph (A)(i) of such subsection, or of any individual who makes or signs for the request on behalf of the practitioner; and
(B) any other category of information determined appropriate by the Secretary.
(b) Definitions In this section:
(1) Applicable drug The term “applicable drug” means a drug—
(A) which is subject to subsection (b) of such section 353 of title 21; and
(B) for which payment is available under subchapter XVIII or a State plan under subchapter XIX or XXI (or a waiver of such a plan).
(2) Authorized distributor of record The term “authorized distributor of record” has the meaning given that term in subsection (e)(3)(A) of such section.
(3) Manufacturer The term “manufacturer” has the meaning given that term for purposes of subsection (d) of such section.
(Aug. 14, 1935, ch. 531, title XI, § 1128H, as added Pub. L. 111148, title VI, § 6004, Mar. 23, 2010, 124 Stat. 697.)
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# 42 U.S.C. § 1320a7k - Medicare and Medicaid program integrity provisions
## Text
(a) Data matching (1) Integrated data repository (A) Inclusion of certain data (i) In general The Integrated Data Repository of the Centers for Medicare & Medicaid Services shall include, at a minimum, claims and payment data from the following:
(I) The programs under subchapters XVIII and XIX (including parts A, B, C, and D of subchapter XVIII).
(II) The program under subchapter XXI.
(III) Health-related programs administered by the Secretary of Veterans Affairs.
(IV) Health-related programs administered by the Secretary of Defense.
(V) The program of old-age, survivors, and disability insurance benefits established under subchapter II.
(VI) The Indian Health Service and the Contract Health Service program.
(ii) Priority for inclusion of certain data Inclusion of the data described in subclause (I) of such clause 11 So in original. Probably should be “clause (i)”. in the Integrated Data Repository shall be a priority. Data described in subclauses (II) through (VI) of such clause 1 shall be included in the Integrated Data Repository as appropriate.
(B) Data sharing and matching (i) In general The Secretary shall enter into agreements with the individuals described in clause (ii) under which such individuals share and match data in the system of records of the respective agencies of such individuals with data in the system of records of the Department of Health and Human Services for the purpose of identifying potential fraud, waste, and abuse under the programs under subchapters XVIII and XIX.
(ii) Individuals described The following individuals are described in this clause:
(I) The Commissioner of Social Security.
(II) The Secretary of Veterans Affairs.
(III) The Secretary of Defense.
(IV) The Director of the Indian Health Service.
(iii) Definition of system of records For purposes of this paragraph, the term “system of records” has the meaning given such term in section 552a(a)(5) of title 5.
(2) Access to claims and payment databases For purposes of conducting law enforcement and oversight activities and to the extent consistent with applicable information, privacy, security, and disclosure laws, including the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a of title 5, and subject to any information systems security requirements under such laws or otherwise required by the Secretary, the Inspector General of the Department of Health and Human Services and the Attorney General shall have access to claims and payment data of the Department of Health and Human Services and its contractors related to subchapters XVIII, XIX, and XXI.
(b) OIG authority to obtain information (1) In general Notwithstanding and in addition to any other provision of law, the Inspector General of the Department of Health and Human Services may, for purposes of protecting the integrity of the programs under subchapters XVIII and XIX, obtain information from any individual (including a beneficiary provided all applicable privacy protections are followed) or entity that—
(A) is a provider of medical or other items or services, supplier, grant recipient, contractor, or subcontractor; or
(B) directly or indirectly provides, orders, manufactures, distributes, arranges for, prescribes, supplies, or receives medical or other items or services payable by any Federal health care program (as defined in section 1320a7b(f) of this title) regardless of how the item or service is paid for, or to whom such payment is made.
(2) Inclusion of certain information Information which the Inspector General may obtain under paragraph (1) includes any supporting documentation necessary to validate claims for payment or payments under subchapter XVIII or XIX, including a prescribing physicians medical records for an individual who is prescribed an item or service which is covered under part B of subchapter XVIII, a covered part D drug (as defined in section 1395w102(e) of this title) for which payment is made under an MAPD plan under part C of such subchapter, or a prescription drug plan under part D of such subchapter, and any records necessary for evaluation of the economy, efficiency, and effectiveness of the programs under subchapters XVIII and XIX.
(c) Administrative remedy for knowing participation by beneficiary in health care fraud scheme (1) In general In addition to any other applicable remedies, if an applicable individual has knowingly participated in a Federal health care fraud offense or a conspiracy to commit a Federal health care fraud offense, the Secretary shall impose an appropriate administrative penalty commensurate with the offense or conspiracy.
(2) Applicable individual For purposes of paragraph (1), the term “applicable individual” means an individual—
(A) entitled to, or enrolled for, benefits under part A of subchapter XVIII or enrolled under part B of such subchapter;
(B) eligible for medical assistance under a State plan under subchapter XIX or under a waiver of such plan; or
(C) eligible for child health assistance under a child health plan under subchapter XXI.
(d) Reporting and returning of overpayments (1) In general If a person has received an overpayment, the person shall—
(A) report and return the overpayment to the Secretary, the State, an intermediary, a carrier, or a contractor, as appropriate, at the correct address; and
(B) notify the Secretary, State, intermediary, carrier, or contractor to whom the overpayment was returned in writing of the reason for the overpayment.
(2) Deadline for reporting and returning overpayments An overpayment must be reported and returned under paragraph (1) by the later of—
(A) the date which is 60 days after the date on which the overpayment was identified; or
(B) the date any corresponding cost report is due, if applicable.
(3) Enforcement Any overpayment retained by a person after the deadline for reporting and returning the overpayment under paragraph (2) is an obligation (as defined in section 3729(b)(3) of title 31) for purposes of section 3729 of such title.
(4) Definitions In this subsection:
(A) Knowing and knowingly The terms “knowing” and “knowingly” have the meaning given those terms in section 3729(b) of title 31.
(B) Overpayment The term “overpayment” means any funds that a person receives or retains under subchapter XVIII or XIX to which the person, after applicable reconciliation, is not entitled under such subchapter.
(C) Person (i) In general The term “person” means a provider of services, supplier, medicaid managed care organization (as defined in section 1396b(m)(1)(A) of this title), Medicare Advantage organization (as defined in section 1395w28(a)(1) of this title), or PDP sponsor (as defined in section 1395w151(a)(13) of this title).
(ii) Exclusion Such term does not include a beneficiary.
(e) Inclusion of national provider identifier on all applications and claims The Secretary shall promulgate a regulation that requires, not later than January 1, 2011, all providers of medical or other items or services and suppliers under the programs under subchapters XVIII and XIX that qualify for a national provider identifier to include their national provider identifier on all applications to enroll in such programs and on all claims for payment submitted under such programs.
(Aug. 14, 1935, ch. 531, title XI, § 1128J, as added Pub. L. 111148, title VI, § 6402(a), Mar. 23, 2010, 124 Stat. 753.)
## Notes
Editorial Notes
References in TextThe Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a)(2), is Pub. L. 104191, Aug. 21, 1996, 110 Stat. 1936. For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under section 201 of this title and Tables.
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# 42 U.S.C. § 1320a7m - Use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse in the Medicare fee-for-service program
## Text
(a) Use in the Medicare fee-for-service program The Secretary shall use predictive modeling and other analytics technologies (in this section referred to as “predictive analytics technologies”) to identify improper claims for reimbursement and to prevent the payment of such claims under the Medicare fee-for-service program.
(b) Predictive analytics technologies requirements The predictive analytics technologies used by the Secretary shall—
(1) capture Medicare provider and Medicare beneficiary activities across the Medicare fee-for-service program to provide a comprehensive view across all providers, beneficiaries, and geographies within such program in order to—
(A) identify and analyze Medicare provider networks, provider billing patterns, and beneficiary utilization patterns; and
(B) identify and detect any such patterns and networks that represent a high risk of fraudulent activity;
(2) be integrated into the existing Medicare fee-for-service program claims flow with minimal effort and maximum efficiency;
(3) be able to—
(A) analyze large data sets for unusual or suspicious patterns or anomalies or contain other factors that are linked to the occurrence of waste, fraud, or abuse;
(B) undertake such analysis before payment is made; and
(C) prioritize such identified transactions for additional review before payment is made in terms of the likelihood of potential waste, fraud, and abuse to more efficiently utilize investigative resources;
(4) capture outcome information on adjudicated claims for reimbursement to allow for refinement and enhancement of the predictive analytics technologies on the basis of such outcome information, including post-payment information about the eventual status of a claim; and
(5) prevent the payment of claims for reimbursement that have been identified as potentially wasteful, fraudulent, or abusive until such time as the claims have been verified as valid.
(c) Implementation requirements (1) Request for proposals Not later than January 1, 2011, the Secretary shall issue a request for proposals to carry out this section during the first year of implementation. To the extent the Secretary determines appropriate—
(A) the initial request for proposals may include subsequent implementation years; and
(B) the Secretary may issue additional requests for proposals with respect to subsequent implementation years.
(2) First implementation year The initial request for proposals issued under paragraph (1) shall require the contractors selected to commence using predictive analytics technologies on July 1, 2011, in the 10 States identified by the Secretary as having the highest risk of waste, fraud, or abuse in the Medicare fee-for-service program.
(3) Second implementation year Based on the results of the report and recommendation required under subsection (e)(1)(B), the Secretary shall expand the use of predictive analytics technologies on October 1, 2012, to apply to an additional 10 States identified by the Secretary as having the highest risk of waste, fraud, or abuse in the Medicare fee-for-service program, after the States identified under paragraph (2).
(4) Third implementation year Based on the results of the report and recommendation required under subsection (e)(2), the Secretary shall expand the use of predictive analytics technologies on January 1, 2014, to apply to the Medicare fee-for-service program in any State not identified under paragraph (2) or (3) and the commonwealths and territories.
(5) Fourth implementation year Based on the results of the report and recommendation required under subsection (e)(3), the Secretary shall expand the use of predictive analytics technologies, beginning April 1, 2015, to apply to Medicaid and CHIP. To the extent the Secretary determines appropriate, such expansion may be made on a phased-in basis.
(6) Option for refinement and evaluation If, with respect to the first, second, or third implementation year, the Inspector General of the Department of Health and Human Services certifies as part of the report required under subsection (e) for that year no or only nominal actual savings to the Medicare fee-for-service program, the Secretary may impose a moratorium, not to exceed 12 months, on the expansion of the use of predictive analytics technologies under this section for the succeeding year in order to refine the use of predictive analytics technologies to achieve more than nominal savings before further expansion. If a moratorium is imposed in accordance with this paragraph, the implementation dates applicable for the succeeding year or years shall be adjusted to reflect the length of the moratorium period.
(d) Contractor selection, qualifications, and data access requirements (1) Selection (A) In general The Secretary shall select contractors to carry out this section using competitive procedures as provided for in the Federal Acquisition Regulation.
(B) Number of contractors The Secretary shall select at least 2 contractors to carry out this section with respect to any year.
(2) Qualifications (A) In general The Secretary shall enter into a contract under this section with an entity only if the entity—
(i) has leadership and staff who—
(I) have the appropriate clinical knowledge of, and experience with, the payment rules and regulations under the Medicare fee-for-service program; and
(II) have direct management experience and proficiency utilizing predictive analytics technologies necessary to carry out the requirements under subsection (b); or
(ii) has a contract, or will enter into a contract, with another entity that has leadership and staff meeting the criteria described in clause (i).
(B) Conflict of interest The Secretary may only enter into a contract under this section with an entity to the extent that the entity complies with such conflict of interest standards as are generally applicable to Federal acquisition and procurement.
(3) Data access The Secretary shall provide entities with a contract under this section with appropriate access to data necessary for the entity to use predictive analytics technologies in accordance with the contract.
(e) Reporting requirements (1) First implementation year report Not later than 3 months after the completion of the first implementation year under this section, the Secretary shall submit to the appropriate committees of Congress and make available to the public a report that includes the following:
(A) A description of the implementation of the use of predictive analytics technologies during the year.
(B) A certification of the Inspector General of the Department of Health and Human Services that—
(i) specifies the actual and projected savings to the Medicare fee-for-service program as a result of the use of predictive analytics technologies, including estimates of the amounts of such savings with respect to both improper payments recovered and improper payments avoided;
(ii) the actual and projected savings to the Medicare fee-for-service program as a result of such use of predictive analytics technologies relative to the return on investment for the use of such technologies and in comparison to other strategies or technologies used to prevent and detect fraud, waste, and abuse in the Medicare fee-for-service program; and
(iii) includes recommendations regarding—
(I) whether the Secretary should continue to use predictive analytics technologies;
(II) whether the use of such technologies should be expanded in accordance with the requirements of subsection (c); and
(III) any modifications or refinements that should be made to increase the amount of actual or projected savings or mitigate any adverse impact on Medicare beneficiaries or providers.
(C) An analysis of the extent to which the use of predictive analytics technologies successfully prevented and detected waste, fraud, or abuse in the Medicare fee-for-service program.
(D) A review of whether the predictive analytics technologies affected access to, or the quality of, items and services furnished to Medicare beneficiaries.
(E) A review of what effect, if any, the use of predictive analytics technologies had on Medicare providers.
(F) Any other items determined appropriate by the Secretary.
(2) Second year implementation report Not later than 3 months after the completion of the second implementation year under this section, the Secretary shall submit to the appropriate committees of Congress and make available to the public a report that includes, with respect to such year, the items required under paragraph (1) as well as any other additional items determined appropriate by the Secretary with respect to the report for such year.
(3) Third year implementation report Not later than 3 months after the completion of the third implementation year under this section, the Secretary shall submit to the appropriate committees of Congress, and make available to the public, a report that includes 11 So in original. Probably should be followed by a comma. with respect to such year, the items required under paragraph (1),22 So in original. The comma probably should not appear. as well as any other additional items determined appropriate by the Secretary with respect to the report for such year, and the following:
(A) An analysis of the cost-effectiveness and feasibility of expanding the use of predictive analytics technologies to Medicaid and CHIP.
(B) An analysis of the effect, if any, the application of predictive analytics technologies to claims under Medicaid and CHIP would have on States and the commonwealths and territories.
(C) Recommendations regarding the extent to which technical assistance may be necessary to expand the application of predictive analytics technologies to claims under Medicaid and CHIP, and the type of any such assistance.
(f) Independent evaluation and report (1) Evaluation Upon completion of the first year in which predictive analytics technologies are used with respect to claims under Medicaid and CHIP, the Secretary shall, by grant, contract, or interagency agreement, conduct an independent evaluation of the use of predictive analytics technologies under the Medicare fee-for-service program and Medicaid and CHIP. The evaluation shall include an analysis with respect to each such program of the items required for the third year implementation report under subsection (e)(3).
(2) Report Not later than 18 months after the evaluation required under paragraph (1) is initiated, the Secretary shall submit a report to Congress on the evaluation that shall include the results of the evaluation, the Secretarys response to such results and, to the extent the Secretary determines appropriate, recommendations for legislation or administrative actions.
(g) Waiver authority The Secretary may waive such provisions of titles XI, XVIII, XIX, and XXI of the Social Security Act [42 U.S.C. 1301 et seq., 1395 et seq., 1396 et seq., 1397aa et seq.], including applicable prompt payment requirements under titles XVIII and XIX of such Act, as the Secretary determines to be appropriate to carry out this section.
(h) Funding (1) Appropriation Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this section, $100,000,000 for the period beginning January 1, 2011, to remain available until expended.
(2) Reservations (A) Independent evaluation The Secretary shall reserve not more than 5 percent of the funds appropriated under paragraph (1) for purposes of conducting the independent evaluation required under subsection (f).
(B) Application to Medicaid and CHIP The Secretary shall reserve such portion of the funds appropriated under paragraph (1) as the Secretary determines appropriate for purposes of providing assistance to States for administrative expenses in the event of the expansion of predictive analytics technologies to claims under Medicaid and CHIP.
(i) Definitions In this section:
(1) Commonwealths and territories The term “commonwealth and territories” includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States in which the Medicare fee-for-service program, Medicaid, or CHIP operates.
(2) CHIP The term “CHIP” means the Childrens Health Insurance Program established under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.).
(3) Medicaid The term “Medicaid” means the program to provide grants to States for medical assistance programs established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(4) Medicare beneficiary The term “Medicare beneficiary” means an individual enrolled in the Medicare fee-for-service program.
(5) Medicare fee-for-service program The term “Medicare fee-for-service program” means the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act (42 U.S.C. 1395[c] et seq.[; 1395j et seq.]).
(6) Medicare provider The term “Medicare provider” means a provider of services (as defined in subsection (u) of section 1861 of the Social Security Act (42 U.S.C. 1395x)) and a supplier (as defined in subsection (d) of such section).
(7) Secretary The term “Secretary” means the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services.
(8) State The term “State” means each of the 50 States and the District of Columbia.
(Pub. L. 111240, title IV, § 4241, Sept. 27, 2010, 124 Stat. 2599.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsecs. (g) and (i)(2), (3), (5), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XI, XVIII, XIX, and XXI of the Act are classified generally to subchapters XI (§ 1301 et seq.), XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of this chapter. Parts A and B of title XVIII of the Act are classified generally to Parts A (§ 1395c et seq.) and B (§ 1395j et seq.) of subchapter XVIII of this chapter. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
Codification Section was enacted as part of the Small Business Jobs Act of 2010, and not as part of the Social Security Act which comprises this chapter.
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# 42 U.S.C. § 1320a7n - Disclosure of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse
## Text
(a) Reference to predictive modeling technologies requirements For provisions relating to the use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse with respect to the Medicare program under subchapter XVIII, the Medicaid program under subchapter XIX, and the Childrens Health Insurance Program under subchapter XXI, see section 1320a7m of this title.
(b) Limiting disclosure of predictive modeling technologies In implementing such provisions under such section 1320a7m with respect to covered algorithms (as defined in subsection (c)), the following shall apply:
(1) Nonapplication of FOIA The covered algorithms used or developed for purposes of such section 1320a7m (including by the Secretary or a State (or an entity operating under a contract with a State)) shall be exempt from disclosure under section 552(b)(3) of title 5.
(2) Limitation with respect to use and disclosure of information by State agencies (A) In general A State agency may not use or disclose covered algorithms used or developed for purposes of such section 1320a7m except for purposes of administering the State plan (or a waiver of the plan) under the Medicaid program under subchapter XIX or the State child health plan (or a waiver of the plan) under the Childrens Health Insurance Program under subchapter XXI, including by enabling an entity operating under a contract with a State to assist the State to identify or prevent waste, fraud, and abuse with respect to such programs.
(B) Information security A State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of covered algorithms used or developed for purposes of such section 1320a7m and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures described in subparagraph (A).
(C) Procedural requirements State agencies to which information is disclosed pursuant to such section 1320a7m shall adhere to uniform procedures established by the Secretary.
(c) Covered algorithm defined In this section, the term “covered algorithm”—
(1) means a predictive modeling or other analytics technology, as used for purposes of section 1320a7m(a) of this title to identify and prevent waste, fraud, and abuse with respect to the Medicare program under subchapter XVIII, the Medicaid program under subchapter XIX, and the Childrens Health Insurance Program under subchapter XXI; and
(2) includes the mathematical expressions utilized in the application of such technology and the means by which such technology is developed.
(Aug. 14, 1935, ch. 531, title XI, § 1128K, as added Pub. L. 114198, title VII, § 706(a), July 22, 2016, 130 Stat. 753.)
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# 42 U.S.C. § 1320a8a - Administrative procedure for imposing penalties for false or misleading statements
## Text
(a) In general Any person who—
(1) makes, or causes to be made, a statement or representation of a material fact, for use in determining any initial or continuing right to or the amount of monthly insurance benefits under subchapter II or benefits or payments under subchapter XVI that the person knows or should know is false or misleading,
(2) makes such a statement or representation for such use with knowing disregard for the truth, or
(3) omits from a statement or representation for such use, or otherwise withholds disclosure of, a fact which the person knows or should know is material to the determination of any initial or continuing right to or the amount of monthly insurance benefits under subchapter II or benefits or payments under subchapter XVI, if the person knows, or should know, that the statement or representation with such omission is false or misleading or that the withholding of such disclosure is misleading,
shall be subject to, in addition to any other penalties that may be prescribed by law, a penalty described in subsection (b) to be imposed by the Commissioner of Social Security.
(b) Penalty The penalty described in this subsection is—
(1) nonpayment of benefits under subchapter II that would otherwise be payable to the person; and
(2) ineligibility for cash benefits under subchapter XVI,
for each month that begins during the applicable period described in subsection (c).
(c) Duration of penalty The duration of the applicable period, with respect to a determination by the Commissioner under subsection (a) that a person has engaged in conduct described in subsection (a), shall be—
(1) six consecutive months, in the case of the first such determination with respect to the person;
(2) twelve consecutive months, in the case of the second such determination with respect to the person; and
(3) twenty-four consecutive months, in the case of the third or subsequent such determination with respect to the person.
(d) Effect on other assistance A person subject to a period of nonpayment of benefits under subchapter II or ineligibility for subchapter XVI benefits by reason of this section nevertheless shall be considered to be eligible for and receiving such benefits, to the extent that the person would be receiving or eligible for such benefits but for the imposition of the penalty, for purposes of—
(1) determination of the eligibility of the person for benefits under subchapters XVIII and XIX; and
(2) determination of the eligibility or amount of benefits payable under subchapter II or XVI to another person.
(e) Definition In this section, the term “benefits under subchapter VIII or XVI” includes State supplementary payments made by the Commissioner pursuant to an agreement under section 1010a or 1382e(a) of this title or section 212(b) of Public Law 9366, as the case may be.
(f) Consultations The Commissioner of Social Security shall consult with the Inspector General of the Social Security Administration regarding initiating actions under this section.
(Aug. 14, 1935, ch. 531, title XI, § 1129A, as added Pub. L. 106169, title II, § 207(a), Dec. 14, 1999, 113 Stat. 1837; amended Pub. L. 106554, § 1(a)(1) [title V, § 518(b)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A74; Pub. L. 108203, title II, § 201(a)(2), Mar. 2, 2004, 118 Stat. 508.)
## Notes
Editorial Notes
References in TextSection 212(b) of Public Law 9366, referred to in subsec. (e), is section 212(b) of Pub. L. 9366, title II, July 9, 1973, 87 Stat. 155, which is set out as a note under section 1382 of this title.
Amendments2004—Subsec. (a). Pub. L. 108203 substantially rewrote text of subsec. (a). Prior to amendment, text read as follows: “Any person who makes, or causes to be made, a statement or representation of a material fact for use in determining any initial or continuing right to or the amount of— “(1) monthly insurance benefits under subchapter II of this chapter; or “(2) benefits or payments under subchapter XVI of this chapter, that the person knows or should know is false or misleading or knows or should know omits a material fact or who makes such a statement with knowing disregard for the truth shall be subject to, in addition to any other penalties that may be prescribed by law, a penalty described in subsection (b) to be imposed by the Commissioner of Social Security.” 2000—Subsec. (e). Pub. L. 106554, § 1(a)(1) [title V, § 518(b)(2)(B), (D)], inserted “1010a or” after “agreement under section” and “, as the case may be” before period at end. Pub. L. 106554, § 1(a)(1) [title V, § 518(b)(2)(C)], which directed the amendment of subsec. (e) by inserting “1010A or” before “1382(e)(a)”, could not be executed because “1382(e)(a)” does not appear in text. Pub. L. 106554, § 1(a)(1) [title V, § 518(b)(2)(A)], which directed the amendment of subsec. (e) by inserting “VIII or” after “benefits under”, was executed by making the insertion after “benefits under subchapter” to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentAmendment by Pub. L. 108203 applicable with respect to violations committed after Nov. 27, 2006, see section 201(d) of Pub. L. 108203, set out as a note under section 1320a8 of this title.
Effective DateSection applicable to statements and representations made on or after Dec. 14, 1999, see section 207(e) of Pub. L. 106169, set out as an Effective Date of 1999 Amendment note under section 402 of this title.
RegulationsPub. L. 106169, title II, § 207(d), Dec. 14, 1999, 113 Stat. 1838, required, within 6 months after Dec. 14, 1999, the development of regulations prescribing the administrative process for making determinations under this section and guidance on discretion in imposing penalties.
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# 42 U.S.C. § 1320a8b - Attempts to interfere with administration of this chapter
## Text
Whoever corruptly or by force or threats of force (including any threatening letter or communication) attempts to intimidate or impede any officer, employee, or contractor of the Social Security Administration (including any State employee of a disability determination service or any other individual designated by the Commissioner of Social Security) acting in an official capacity to carry out a duty under this chapter, or in any other way corruptly or by force or threats of force (including any threatening letter or communication) obstructs or impedes, or attempts to obstruct or impede, the due administration of this chapter, shall be fined not more than $5,000, imprisoned not more than 3 years, or both, except that if the offense is committed only by threats of force, the person shall be fined not more than $3,000, imprisoned not more than 1 year, or both. In this subsection, the term “threats of force” means threats of harm to the officer or employee of the United States or to a contractor of the Social Security Administration, or to a member of the family of such an officer or employee or contractor.
(Aug. 14, 1935, ch. 531, title XI, § 1129B, as added Pub. L. 108203, title II, § 206, Mar. 2, 2004, 118 Stat. 512.)
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# 42 U.S.C. § 1320a9 - Demonstration projects
## Text
(a) Authority to approve demonstration projects (1) In general The Secretary may authorize States to conduct demonstration projects pursuant to this section which the Secretary finds are likely to promote the objectives of part B or E of subchapter IV.
(2) Limitation During fiscal years 2012 through 2014, the Secretary may authorize demonstration projects described in paragraph (1), with not more than 10 demonstration projects to be authorized in each fiscal year.
(3) Conditions for State eligibility For purposes of a new demonstration project under this section that is initially approved in any of fiscal years 2012 through 2014, a State shall be authorized to conduct such demonstration project only if the State satisfies the following conditions:
(A) Identify 1 or more goals (i) In general The State shall demonstrate that the demonstration project is designed to accomplish 1 or more of the following goals:
(I) Increase permanency for all infants, children, and youth by reducing the time in foster placements when possible and promoting a successful transition to adulthood for older youth.
(II) Increase positive outcomes for infants, children, youth, and families in their homes and communities, including tribal communities, and improve the safety and well-being of infants, children, and youth.
(III) Prevent child abuse and neglect and the re-entry of infants, children, and youth into foster care.
(ii) Long-term therapeutic family treatment centers; addressing domestic violence With respect to a demonstration project that is designed to accomplish 1 or more of the goals described in clause (i), the State may elect to establish a program—
(I) to permit foster care maintenance payments to be made under part E of subchapter IV to a long-term therapeutic family treatment center (as described in paragraph (8)(B)) on behalf of a child residing in the center; or
(II) to identify and address domestic violence that endangers children and results in the placement of children in foster care.
(B) Demonstrate readiness The State shall demonstrate through a narrative description the States capacity to effectively use the authority to conduct a demonstration project under this section by identifying changes the State has made or plans to make in policies, procedures, or other elements of the States child welfare program that will enable the State to successfully achieve the goal or goals of the project.
(C) Demonstrate implemented or planned child welfare program improvement policies (i) In general The State shall demonstrate that the State has implemented, or plans to implement within 3 years of the date on which the State submits its application to conduct the demonstration project or 2 years after the date on which the Secretary approves such demonstration project (whichever is later), at least 2 of the child welfare program improvement policies described in paragraph (7).
(ii) Previous implementation For purposes of the requirement described in clause (i), at least 1 of the child welfare program improvement policies to be implemented by the State shall be a policy that the State has not previously implemented as of the date on which the State submits an application to conduct the demonstration project.
(iii) Implementation review The Secretary may terminate the authority of a State to conduct a demonstration project under this section if, after the 3-year period following approval of the demonstration project, the State has not made significant progress in implementing the child welfare program improvement policies proposed by the State under clause (i).
(4) Limitation on eligibility The Secretary may not authorize a State to conduct a demonstration project under this section if the State fails to provide health insurance coverage to any child with special needs (as determined under section 673(c) of this title) for whom there is in effect an adoption assistance agreement between a State and an adoptive parent or parents.
(5) Requirement to consider effect of project on terms and conditions of certain court orders In considering an application to conduct a demonstration project under this section that has been submitted by a State in which there is in effect a court order determining that the States child welfare program has failed to comply with the provisions of part B or E of subchapter IV, or with the Constitution of the United States, the Secretary shall take into consideration the effect of approving the proposed project on the terms and conditions of the court order related to the failure to comply and the ability of the State to implement a corrective action plan approved under section 1320a2a of this title.
(6) Inapplicability of random assignment for control groups as a factor for approval of demonstration projects For purposes of evaluating an application to conduct a demonstration project under this section, the Secretary shall not take into consideration whether such project requires random assignment of children and families to groups served under the project and to control groups.
(7) Child welfare program improvement policies For purposes of paragraph (3)(C), the child welfare program improvement policies described in this paragraph are the following:
(A) The establishment of a bill of rights for infants, children, and youth in foster care that is widely shared and clearly outlines protections for infants, children, and youth, such as assuring frequent visits with parents, siblings, and caseworkers, access to attorneys, and participation in age-appropriate extracurricular activities, and procedures for ensuring the protections are provided.
(B) The development and implementation of a plan for meeting the health and mental health needs of infants, children, and youth in foster care that includes ensuring that the provision of health and mental health care is child-specific, comprehensive, appropriate, and consistent (through means such as ensuring the infant, child, or youth has a medical home, regular wellness medical visits, and addressing the issue of trauma, when appropriate).
(C) The inclusion in the State plan under section 671 of this title of an amendment implementing the option under subsection (a)(28) of that section to enter into kinship guardianship assistance agreements.
(D) The election under the State plan under section 671 of this title to define a “child” for purposes of the provision of foster care maintenance payments, adoption assistance payments, and kinship guardianship assistance payments, so as to include individuals described in each of subclauses (I), (II), and (III) of section 675(8)(B)(i) of this title who have not attained age 21.
(E) The development and implementation of a plan that ensures congregate care is used appropriately and reduces the placement of children and youth in such care.
(F) Of those infants, children, and youth in out-of-home placements, substantially increasing the number of cases of siblings who are in the same foster care, kinship guardianship, or adoptive placement, above the number of such cases in fiscal year 2008.
(G) The development and implementation of a plan to improve the recruitment and retention of high quality foster family homes trained to help assist infants, children, and youth swiftly secure permanent families. Supports for foster families under such a plan may include increasing maintenance payments to more adequately meet the needs of infants, children, and youth in foster care and expanding training, respite care, and other support services for foster parents.
(H) The establishment of procedures designed to assist youth as they prepare for their transition out of foster care, such as arranging for participation in age-appropriate extra-curricular activities, providing appropriate access to cell phones, computers, and opportunities to obtain a drivers license, providing notification of all sibling placements if siblings are in care and sibling location if siblings are out of care, and providing counseling and financial support for post-secondary education.
(I) The inclusion in the State plan under section 671 of this title of a description of State procedures for—
(i) ensuring that youth in foster care who have attained age 16 are engaged in discussions, including during the development of the transition plans required under paragraphs (1)(D) and (5)(H) of section 675 of this title, that explore whether the youth wishes to reconnect with the youths biological family, including parents, grandparents, and siblings, and, if so, what skills and strategies the youth will need to successfully and safely reconnect with those family members;
(ii) providing appropriate guidance and services to youth whom 11 So in original. Probably should be “who”. affirm an intent to reconnect with biological family members on how to successfully and safely manage such reconnections; and
(iii) making, when appropriate, efforts to include biological family members in such reconnection efforts.
(J) The establishment of one or more of the following programs designed to prevent infants, children, and youth from entering foster care or to provide permanency for infants, children, and youth in foster care:
(i) An intensive family finding program.
(ii) A kinship navigator program.
(iii) A family counseling program, such as a family group decision-making program, and which may include in-home peer support for families.
(iv) A comprehensive family-based substance abuse treatment program.
(v) A program under which special efforts are made to identify and address domestic violence that endangers infants, children, and youth and puts them at risk of entering foster care.
(vi) A mentoring program.
(8) Definitions In this subsection—
(A) the term “youth” means, with respect to a State, an individual who has attained age 12 but has not attained the age at which an individual is no longer considered to be a child under the State plans under parts B and E of subchapter IV, and
(B) the term “long-term therapeutic family treatment center” means a State licensed or certified program that enables parents and their children to live together in a safe environment for a period of not less than 6 months and provides, on-site or by referral, substance abuse treatment services, childrens early intervention services, family counseling, legal services, medical care, mental health services, nursery and preschool, parenting skills training, pediatric care, prenatal care, sexual abuse therapy, relapse prevention, transportation, and job or vocational training or classes leading to a secondary school diploma or a certificate of general equivalence.
(b) Waiver authority The Secretary may waive compliance with any requirement of part B or E of subchapter IV which (if applied) would prevent a State from carrying out a demonstration project under this section or prevent the State from effectively achieving the purpose of such a project, except that the Secretary may not waive—
(1) any provision of section 622(b)(8) of this title, or section 679 of this title; or
(2) any provision of such part E, to the extent that the waiver would impair the entitlement of any qualified child or family to benefits under a State plan approved under such part E.
(c) Treatment as program expenditures For purposes of parts B and E of subchapter IV, the Secretary shall consider the expenditures of any State to conduct a demonstration project under this section to be expenditures under subpart 1 or 2 of such part B, or under such part E, as the State may elect.
(d) Duration of demonstration (1) In general Subject to paragraph (2), a demonstration project under this section may be conducted for not more than 5 years, unless in the judgment of the Secretary, the demonstration project should be allowed to continue.
(2) Termination of authority In no event shall a demonstration project under this section be conducted after September 30, 2019.
(e) Application Any State seeking to conduct a demonstration project under this section shall submit to the Secretary an application, in such form as the Secretary may require, which includes—
(1) a description of the proposed project, the geographic area in which the proposed project would be conducted, the children or families who would be served by the proposed project, and the services which would be provided by the proposed project;
(2) a statement of the period during which the proposed project would be conducted;
(3) a discussion of the benefits that are expected from the proposed project (compared to a continuation of activities under the approved plan or plans of the State);
(4) an estimate of the costs or savings of the proposed project;
(5) a statement of program requirements for which waivers would be needed to permit the proposed project to be conducted;
(6) a description of the proposed evaluation design;
(7) an accounting of any additional Federal, State, and local investments made, as well as any private investments made in coordination with the State, during the 2 fiscal years preceding the application to provide the services described in paragraph (1), and an assurance that the State will provide an accounting of that same spending for each year of an approved demonstration project; and
(8) such additional information as the Secretary may require.
(f) Evaluations Each State authorized to conduct a demonstration project under this section shall obtain an evaluation by an independent contractor of the effectiveness of the project, using an evaluation design approved by the Secretary which provides for—
(1) comparison of methods of service delivery under the project, and such methods under a State plan or plans, with respect to efficiency, economy, and any other appropriate measures of program management;
(2) comparison of outcomes for children and families (and groups of children and families) under the project, and such outcomes under a State plan or plans, for purposes of assessing the effectiveness of the project in achieving program goals; and
(3) any other information that the Secretary may require.
(g) Reports (1) State reports; public availability Each State authorized to conduct a demonstration project under this section shall—
(A) submit periodic reports to the Secretary on the specific programs, activities, and strategies used to improve outcomes for infants, children, youth, and families and the results achieved for infants, children, and youth during the conduct of the demonstration project, including with respect to those infants, children, and youth who are prevented from entering foster care, infants, children, and youth in foster care, and infants, children, and youth who move from foster care to permanent families; and
(B) post a copy of each such report on the website for the State child welfare program concurrent with the submission of the report to the Secretary.
(2) Reports to Congress The Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate—
(A) periodic reports based on the State reports submitted under paragraph (1); and
(B) a report based on the results of the State evaluations required under subsection (f) that includes an analysis of the results of such evaluations and such recommendations for administrative or legislative changes as the Secretary determines appropriate.
(h) Cost neutrality The Secretary may not authorize a State to conduct a demonstration project under this section unless the Secretary determines that the total amount of Federal funds that will be expended under (or by reason of) the project over its approved term (or such portion thereof or other period as the Secretary may find appropriate) will not exceed the amount of such funds that would be expended by the State under the State plans approved under parts B and E of subchapter IV if the project were not conducted.
(i) Indian tribes operating IVE programs considered States An Indian tribe, tribal organization, or tribal consortium that has elected to operate a program under part E of subchapter IV in accordance with section 679c of this title shall be considered a State for purposes of this section.
(Aug. 14, 1935, ch. 531, title XI, § 1130, as added Pub. L. 103432, title II, § 208, Oct. 31, 1994, 108 Stat. 4457; amended Pub. L. 10589, title III, § 301(a), (c), Nov. 19, 1997, 111 Stat. 2127, 2128; Pub. L. 10840, § 5, June 30, 2003, 117 Stat. 837; Pub. L. 109288, § 6(f)(8), Sept. 28, 2006, 120 Stat. 1248; Pub. L. 11234, title II, § 201, Sept. 30, 2011, 125 Stat. 378.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1130 of act Aug. 14, 1935, was classified to section 1320b of this title prior to repeal by Pub. L. 93647, § 3(e)(1), Jan. 4, 1975, 88 Stat. 2349.
Amendments2011—Subsec. (a)(2). Pub. L. 11234, § 201(1)(A), amended par. (2) generally. Prior to amendment, text read as follows: “The Secretary may authorize not more than 10 demonstration projects under paragraph (1) in each of fiscal years 1998 through 2003.” Subsec. (a)(3). Pub. L. 11234, § 201(1)(B), added par. (3) and struck out former par. (3) which related to certain types of proposals required to be considered. Subsec. (a)(5). Pub. L. 11234, § 201(1)(C), inserted “and the ability of the State to implement a corrective action plan approved under section 1320a2a of this title” before the period. Subsec. (a)(6) to (8). Pub. L. 11234, § 201(1)(D), added pars. (6) to (8). Subsec. (d). Pub. L. 11234, § 201(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “A demonstration project under this section may be conducted for not more than 5 years, unless in the judgment of the Secretary, the demonstration project should be allowed to continue.” Subsec. (e)(1). Pub. L. 11234, § 201(3)(A), struck out “(which shall provide, where appropriate, for random assignment of children and families to groups served under the project and to control groups)” before the semicolon. Subsec. (e)(7), (8). Pub. L. 11234, § 201(3)(B)(D), added par. (7) and redesignated former par. (7) as (8). Subsecs. (f) to (h). Pub. L. 11234, § 201(4), (5), added subsecs. (f) and (g), redesignated former subsec. (g) as (h), and struck out former subsec. (f) which related to evaluation of, and report on, demonstration projects. Subsec. (i). Pub. L. 11234, § 201(6), added subsec. (i). 2006—Subsec. (b)(1). Pub. L. 109288 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “any provision of section 627 of this title (as in effect before April 1, 1996), section 622(b)(9) of this title (as in effect after such date), or section 679 of this title; or”. 2003—Subsec. (a)(2). Pub. L. 10840 substituted “2003” for “2002”. 1997—Subsec. (a). Pub. L. 10589, § 301(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary may authorize not more than 10 States to conduct demonstration projects pursuant to this section which the Secretary finds are likely to promote the objectives of part B or E of subchapter IV of this chapter.” Subsec. (d). Pub. L. 10589, § 301(c), inserted before period at end “, unless in the judgment of the Secretary, the demonstration project should be allowed to continue”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109288 effective Oct. 1, 2006, and applicable to payments under parts B and E of subchapter IV of this chapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109288, set out as a note under section 621 of this title.
Effective Date of 2003 AmendmentAmendment by Pub. L. 10840 effective July 1, 2003, see section 8 of Pub. L. 10840, set out as a note under section 603 of this title.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10589 effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 10589, set out as a note under section 622 of this title.
Construction of 1997 AmendmentPub. L. 10589, title III, § 301(b), Nov. 19, 1997, 111 Stat. 2128, provided that: “Nothing in the amendment made by subsection (a) [amending this section] shall be construed as affecting the terms and conditions of any demonstration project approved under section 1130 of the Social Security Act (42 U.S.C. 1320a9) before the date of the enactment of this Act [Nov. 19, 1997].”
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# 42 U.S.C. § 1320a - Uniform reporting systems for health services facilities and organizations
## Text
(a) Establishment; criteria for regulations; requirements for hospitals For the purposes of reporting the cost of services provided by, of planning, and of measuring and comparing the efficiency of and effective use of services in, hospitals, skilled nursing facilities, intermediate care facilities, home health agencies, health maintenance organizations, and other types of health services facilities and organizations to which payment may be made under this chapter, the Secretary shall establish by regulation, for each such type of health services facility or organization, a uniform system for the reporting by a facility or organization of that type of the following information:
(1) The aggregate cost of operation and the aggregate volume of services.
(2) The costs and volume of services for various functional accounts and subaccounts.
(3) Rates, by category of patient and class of purchaser.
(4) Capital assets, as defined by the Secretary, including (as appropriate) capital funds, debt service, lease agreements used in lieu of capital funds, and the value of land, facilities, and equipment.
(5) Discharge and bill data.
The uniform reporting system for a type of health services facility or organization shall provide for appropriate variation in the application of the system to different classes of facilities or organizations within that type and shall be established, to the extent practicable, consistent with the cooperative system for producing comparable and uniform health information and statistics described in section 242k(e)(1) of this title. In reporting under such a system, hospitals shall employ such chart of accounts, definitions, principles, and statistics as the Secretary may prescribe in order to reach a uniform reconciliation of financial and statistical data for specified uniform reports to be provided to the Secretary.
(b) Monitoring, etc., of systems by Secretary The Secretary shall—
(1) monitor the operation of the systems established under subsection (a);
(2) assist with and support demonstrations and evaluations of the effectiveness and cost of the operation of such systems and encourage State adoption of such systems; and
(3) periodically revise such systems to improve their effectiveness and diminish their cost.
(c) Availability of information to appropriate agencies and organizations The Secretary shall provide information obtained through use of the uniform reporting systems described in subsection (a) in a useful manner and format to appropriate agencies and organizations, including health systems agencies (designated under section 300l4 11 See References in Text note below. of this title) and State health planning and development agencies (designated under section 300m 1 of this title), as may be necessary to carry out such agencies and organizations functions.
(Aug. 14, 1935, ch. 531, title XI, § 1121, as added Pub. L. 95142, § 19(a), Oct. 25, 1977, 91 Stat. 1203.)
## Notes
Editorial Notes
References in TextSection 300l4 of this title, referred to in subsec. (c), was repealed effective Jan. 1, 1987, by Pub. L. 99660, title VII, § 701(a), Nov. 14, 1986, 100 Stat. 3799. Section 300m of this title, referred to in subsec. (c), was in the original a reference to section 1521 of act July 1, 1944, which was repealed effective Jan. 1, 1987, by Pub. L. 99660, title VII, § 701(a), Nov. 14, 1986, 100 Stat. 3799. Pub. L. 101354, § 2, Aug. 10, 1990, 104 Stat. 410, enacted section 1503 of act July 1, 1944, which is classified to section 300m of this title.
Prior ProvisionsA prior section 1320a, act Aug. 14, 1935, ch. 531, title XI, § 1121, as added Jan. 2, 1968, Pub. L. 90248, title II, § 250(a), 81 Stat. 920, provided for assistance in the form of institutional services in intermediate care facilities, the subsecs. providing as follows: subsec. (a), modification of certain plans to include such benefit; subsec. (b), eligible individuals; subsec. (c), payments and Federal medical assistance percentage; subsec. (d), conditions, limitations, rights, and obligations applicable to modified plans; and subsec. (e), definition of “intermediate care facility”, which is covered in section 1396d(c) of this title, prior to repeal by Pub. L. 92223, § 4(c), Dec. 28, 1971, 85 Stat. 810. Section was additionally amended by Pub. L. 92603, title II, § 278(a)(24), Oct. 30, 1972, 86 Stat. 1453, without reference to the earlier repeal of this section by Pub. L. 92223.
Statutory Notes and Related Subsidiaries
Time Periods for Establishment of Uniform Reporting Systems; Consultations With Interested PartiesPub. L. 95142, § 19(c)(1), Oct. 25, 1977, 91 Stat. 1205, directed Secretary of Health, Education, and Welfare to establish the systems described in subsec. (a) of this section only after consultation with interested parties and for hospitals, skilled nursing facilities, and intermediate care facilities, not later than the end of the one year period beginning on Oct. 25, 1977, and for other types of health services facilities and organizations, not later than the end of the two-year period beginning on Oct. 25, 1977.
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# 42 U.S.C. § 1320b1 - Notification of Social Security claimant with respect to deferred vested benefits
## Text
(a) Whenever—
(1) the Commissioner of Social Security makes a finding of fact and a decision as to—
(A) the entitlement of any individual to monthly benefits under section 402, 423, or 428 of this title, or
(B) the entitlement of any individual to a lump-sum death payment payable under section 402(i) of this title on account of the death of any person to whom such individual is related by blood, marriage, or adoption,
(2) the Secretary makes a finding of fact and a decision as to the entitlement under section 426 of this title of any individual to hospital insurance benefits under part A of subchapter XVIII, or
(3) the Commissioner of Social Security is requested to do so—
(A) by any individual with respect to whom the Commissioner of Social Security holds information obtained under section 6057 of the Internal Revenue Code of 1986, or
(B) in the case of the death of the individual referred to in subparagraph (A), by the individual who would be entitled to payment under section 404(d) of this title,
the Commissioner of Social Security shall transmit to the individual referred to in paragraph (1) or (2) or the individual making the request under paragraph (3) any information, as reported by the employer, regarding any deferred vested benefit transmitted to the Commissioner of Social Security pursuant to such section 6057 with respect to the individual referred to in paragraph (1), (2), or (3)(A) or the person on whose wages and self-employment income entitlement (or claim of entitlement) is based.
(b) (1) For purposes of section 401(g)(1) of this title, expenses incurred in the administration of subsection (a) shall be deemed to be expenses incurred for the administration of subchapter II.
(2) There are hereby authorized to be appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for each fiscal year (commencing with the fiscal year ending June 30, 1974) such sums as the Commissioner of Social Security deems necessary on account of additional administrative expenses resulting from the enactment of the provisions of subsection (a).
(Aug. 14, 1935, ch. 531, title XI, § 1131, as added Pub. L. 93406, title II, § 1032, Sept. 2, 1974, 88 Stat. 947; amended Pub. L. 98369, div. B, title VI, § 2663(e)(7), July 18, 1984, 98 Stat. 1168; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103296, title I, § 108(b)(11), Aug. 15, 1994, 108 Stat. 1484.)
## Notes
Editorial Notes
References in TextThe Internal Revenue Code of 1986, referred to in subsec. (a)(3)(A), is classified generally to Title 26, Internal Revenue Code.
Amendments1994—Subsec. (a). Pub. L. 103296, § 108(b)(11)(A), (G), in closing provisions substituted “the Commissioner of Social Security shall transmit” for “he shall transmit”, “paragraph (1) or (2)” for “paragraph (1)”, “paragraph (3)” for “paragraph (2)”, “Commissioner of Social Security pursuant to” for “Secretary pursuant to”, and “paragraph (1), (2), or (3)(A)” for “paragraph (1) or (2)(A)”. Subsec. (a)(1). Pub. L. 103296, § 108(b)(11)(A)(D), substituted “Commissioner of Social Security” for “Secretary” in introductory provisions, inserted “or” at end of subpar. (A), struck out “or” at end of subpar. (B), and struck out subpar. (C) which read as follows: “the entitlement under section 426 of this title of any individual to hospital insurance benefits under part A of subchapter XVIII of this chapter, or”. Subsec. (a)(2). Pub. L. 103296, § 108(b)(11)(F), added par. (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 103296, § 108(b)(11)(A), (E), redesignated par. (2) as (3) and substituted “Commissioner of Social Security” for “Secretary” in introductory provisions and in subpar. (A). Subsec. (b)(2). Pub. L. 103296, § 108(b)(11)(A), substituted “Commissioner of Social Security” for “Secretary”. 1986—Subsec. (a)(2)(A). Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1984—Subsec. (a). Pub. L. 98369, § 2663(e)(7)(B), realigned margin of provisions following par. (2)(B). Subsec. (a)(2)(B). Pub. L. 98369, § 2663(e)(7)(A), substituted a comma for the period after “section 404(d) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103296, set out as a note under section 401 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98369, set out as a note under section 401 of this title.
Effective DateSection effective Jan. 1, 1978, see section 1034 of Pub. L. 93406, set out as a note under section 6057 of Title 26, Internal Revenue Code.
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# 42 U.S.C. § 1320b11 - Blood donor locator service
## Text
(a) In general The Commissioner of Social Security shall establish and conduct a Blood Donor Locator Service, which shall be used to obtain and transmit to any authorized person (as defined in subsection (h)(1)) the most recent mailing address of any blood donor who, as indicated by the donated blood or products derived therefrom or by the history of the subsequent use of such blood or blood products, has or may have the virus for acquired immune deficiency syndrome, in order to inform such donor of the possible need for medical care and treatment.
(b) Provision of address information Whenever the Commissioner of Social Security receives a request, filed by an authorized person (as defined in subsection (h)(1)), for the mailing address of a donor described in subsection (a) and the Commissioner of Social Security is reasonably satisfied that the requirements of this section have been met with respect to such request, the Commissioner of Social Security shall promptly undertake to provide the requested address information from—
(1) the files and records maintained by the Social Security Administration, and
(2) such files and records obtained pursuant to section 6103(m)(6) of the Internal Revenue Code of 1986 as the Commissioner of Social Security considers necessary to comply with such request.
(c) Manner and form of requests A request for address information under this section shall be filed in such manner and form as the Commissioner of Social Security shall by regulation prescribe, shall include the blood donors social security account number, and shall be accompanied or supported by such documents as the Commissioner of Social Security may determine to be necessary.
(d) Procedures and safeguards Any authorized person shall, as a condition for receiving address information from the Blood Donor Locator Service—
(1) establish and maintain, to the satisfaction of the Commissioner of Social Security, a system for standardizing records with respect to any request, the reason for such request, and the date of such request made by or of it and any disclosure of address information made by or to it,
(2) establish and maintain, to the satisfaction of the Commissioner of Social Security, a secure area or place in which such address information and all related blood donor records shall be stored,
(3) restrict, to the satisfaction of the Commissioner of Social Security, access to the address information and related blood donor records only to persons whose duties or responsibilities require access and to whom disclosure may be made under the provisions of this section,
(4) provide such other safeguards which the Commissioner of Social Security determines (and which the Commissioner of Social Security prescribes in regulations) to be necessary or appropriate to protect the confidentiality of the address information and related blood donor records,
(5) furnish a report to the Commissioner of Social Security, at such time and containing such information as the Commissioner of Social Security may prescribe, which describes the procedures established and utilized by the authorized person for ensuring the confidentiality of address information and related blood donor records required under this subsection, and
(6) destroy such address information and related blood donor records, upon completion of their use in providing the notification for which the information was obtained, so as to make such information and records undisclosable.
If the Commissioner of Social Security determines that any authorized person has failed to, or does not, meet the requirements of this subsection, the Commissioner of Social Security may, after any proceedings for review established under subsection (f), take such actions as are necessary to ensure such requirements are met, including refusing to disclose address information to such authorized person until the Commissioner of Social Security determines that such requirements have been or will be met. In the case of any authorized person who discloses any address information received pursuant to this section or any related blood donor records to any agent, this subsection shall apply to such authorized person and each such agent (except that, in the case of an agent, any report to the Commissioner of Social Security or other action with respect to the Commissioner of Social Security shall be made or taken through such authorized person). The Commissioner of Social Security shall destroy all related blood donor records in the possession of the Social Security Administration upon completion of their use in transmitting mailing addresses as required under subsection (a), so as to make such records undisclosable.
(e) Arrangements with State agencies and authorized persons The Commissioner of Social Security, in carrying out the Commissioners duties and functions under this section, shall enter into arrangements—
(1) with State agencies to accept and to transmit to the Commissioner of Social Security requests for address information under this section and to accept and to transmit such information to authorized persons, and
(2) with State agencies and authorized persons otherwise to cooperate with the Commissioner of Social Security in carrying out the purposes of this section.
(f) Procedures for administrative review The Commissioner of Social Security shall by regulation prescribe procedures which provide for administrative review of any determination that any authorized person has failed to meet the requirements of this section.
(g) Unauthorized disclosure of information Paragraphs (1), (2), and (3) of section 7213(a) of the Internal Revenue Code of 1986 shall apply with respect to the unauthorized willful disclosure to any person of address information or related blood donor records acquired or maintained by or under the Commissioner of Social Security, or pursuant to this section by any authorized person, or of information derived from any such address information or related blood donor records, in the same manner and to the same extent as such paragraphs apply with respect to unauthorized disclosures of return and return information described in such paragraphs. Paragraph (4) of section 7213(a) of such Code shall apply with respect to the willful offer of any item of material value in exchange for any such address information or related blood donor record in the same manner and to the same extent as such paragraph applies with respect to offers (in exchange for any return or return information) described in such paragraph.
(h) Definitions For purposes of this section—
(1) Authorized person The term “authorized person” means—
(A) any agency of a State (or of a political subdivision of a State) which has duties or authority under State law relating to the public health or otherwise has the duty or authority under State law to regulate blood donations, and
(B) any entity engaged in the acceptance of blood donations which is licensed or registered by the Food and Drug Administration in connection with the acceptance of such blood donations, and which, in accordance with such regulations as may be prescribed by the Commissioner of Social Security, provides for—
(i) the confidentiality of any address information received pursuant to this section and related blood donor records,
(ii) blood donor notification procedures for individuals with respect to whom such information is requested and a finding has been made that they have or may have the virus for acquired immune deficiency syndrome, and
(iii) counseling services for such individuals who have been found to have such virus.
(2) Related blood donor record The term “related blood donor record” means any record, list, or compilation which indicates, directly or indirectly, the identity of any individual with respect to whom a request for address information has been made pursuant to this section.
(3) State The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands.
(Aug. 14, 1935, ch. 531, title XI, § 1141, as added Pub. L. 100647, title VIII, § 8008(b)(1), Nov. 10, 1988, 102 Stat. 3784; amended Pub. L. 103296, title I, § 108(b)(13), Aug. 15, 1994, 108 Stat. 1484.)
## Notes
Editorial Notes
References in TextThe Internal Revenue Code of 1986, referred to in subsecs. (b)(2) and (g), is classified generally to Title 26, Internal Revenue Code.
Amendments1994—Subsec. (a). Pub. L. 103296, § 108(b)(13)(A), (C), substituted “The Commissioner of Social Security” for “The Secretary” and struck out “under the direction of the Commissioner of Social Security,” before “which shall be used”. Subsecs. (b), (c). Pub. L. 103296, § 108(b)(13)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing. Subsec. (d). Pub. L. 103296, § 108(b)(13)(D), which directed amendment of par. (6) by substituting “Social Security Administration” for “Department of Health Services”, was executed by substituting “Social Security Administration” for “Department of Health and Human Services” in closing provisions to reflect the probable intent of Congress. Pub. L. 103296, § 108(b)(13)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing. Subsec. (e). Pub. L. 103296, § 108(b)(13)(A), (B), substituted “Commissioner of Social Security” for “Secretary” wherever appearing and “Commissioners” for “Secretarys” in introductory provisions. Subsecs. (f), (g), (h)(1)(B). Pub. L. 103296, § 108(b)(13)(A), substituted “Commissioner of Social Security” for “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103296, set out as a note under section 401 of this title.
Time Limit for Establishment of Blood Donor Locator ServicePub. L. 100647, title VIII, § 8008(b)(2), Nov. 10, 1988, 102 Stat. 3786, required the Secretary of Health and Human Services to establish the Blood Donor Locator Service pursuant to this section no later than 180 days after Nov. 10, 1988.
Executive Documents
Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
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# 42 U.S.C. § 1320b12 - Research on outcomes of health care services and procedures
## Text
(a) Establishment of program (1) In general The Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall—
(A) conduct and support research with respect to the outcomes, effectiveness, and appropriateness of health care services and procedures in order to identify the manner in which diseases, disorders, and other health conditions can most effectively and appropriately be prevented, diagnosed, treated, and managed clinically; and
(B) assure that the needs and priorities of the program under subchapter XVIII are appropriately reflected in the development and periodic review and updating (through the process set forth in section 299b2 11 See References in Text note below. of this title) of treatment-specific or condition-specific practice guidelines for clinical treatments and conditions in forms appropriate for use in clinical practice, for use in educational programs, and for use in reviewing quality and appropriateness of medical care.
(2) Evaluations of alternative services and procedures In carrying out paragraph (1), the Secretary shall conduct or support evaluations of the comparative effects, on health and functional capacity, of alternative services and procedures utilized in preventing, diagnosing, treating, and clinically managing diseases, disorders, and other health conditions.
(3) Initial guidelines (A) In carrying out paragraph (1)(B) of this subsection, and section 299b1(d) 1 of this title, the Secretary shall, by not later than January 1, 1991, assure the development of an initial set of the guidelines specified in paragraph (1)(B) that shall include not less than 3 clinical treatments or conditions that—
(i) (I) account for a significant portion of expenditures under subchapter XVIII; and
(II) have a significant variation in the frequency or the type of treatment provided; or
(ii) otherwise meet the needs and priorities of the program under subchapter XVIII, as set forth under subsection (b)(3).
(B) (i) The Secretary shall provide for the use of guidelines developed under subparagrah 22 So in original. Probably should be “subparagraph”. (A) to improve the quality, effectiveness, and appropriateness of care provided under subchapter XVIII. The Secretary shall determine the impact of such use on the quality, appropriateness, effectiveness, and cost of medical care provided under such subchapter and shall report to the Congress on such determination by not later than January 1, 1993.
(ii) For the purpose of carrying out clause (i), the Secretary shall expend, from the amounts specified in clause (iii), $1,000,000 for fiscal year 1990 and $1,500,000 for each of the fiscal years 1991 and 1992.
(iii) For each fiscal year, for purposes of expenditures required in clause (ii)—
(I) 60 percent of an amount equal to the expenditure involved is appropriated from the Federal Hospital Insurance Trust Fund (established under section 1395i of this title); and
(II) 40 percent of an amount equal to the expenditure involved is appropriated from the Federal Supplementary Medical Insurance Trust Fund (established under section 1395t of this title).
(b) Priorities (1) In general The Secretary shall establish priorities with respect to the diseases, disorders, and other health conditions for which research and evaluations are to be conducted or supported under subsection (a). In establishing such priorities, the Secretary shall, with respect to a disease, disorder, or other health condition, consider the extent to which—
(A) improved methods of prevention, diagnosis, treatment, and clinical management can benefit a significant number of individuals;
(B) there is significant variation among physicians in the particular services and procedures utilized in making diagnoses and providing treatments or there is significant variation in the outcomes of health care services or procedures due to different patterns of diagnosis or treatment;
(C) the services and procedures utilized for diagnosis and treatment result in relatively substantial expenditures; and
(D) the data necessary for such evaluations are readily available or can readily be developed.
(2) Preliminary assessments For the purpose of establishing priorities under paragraph (1), the Secretary may, with respect to services and procedures utilized in preventing, diagnosing, treating, and clinically managing diseases, disorders, and other health conditions, conduct or support assessments of the extent to which—
(A) rates of utilization vary among similar populations for particular diseases, disorders, and other health conditions;
(B) uncertainties exist on the effect of utilizing a particular service or procedure; or
(C) inappropriate services and procedures are provided.
(3) Relationship with medicare program In establishing priorities under paragraph (1) for research and evaluation, and under section 299b3(a) 1 of this title for the agenda under such section, the Secretary shall assure that such priorities appropriately reflect the needs and priorities of the program under subchapter XVIII, as set forth by the Administrator of the Centers for Medicare & Medicaid Services.
(c) Methodologies and criteria for evaluations For the purpose of facilitating research under subsection (a), the Secretary shall—
(1) conduct and support research with respect to the improvement of methodologies and criteria utilized in conducting research with respect to outcomes of health care services and procedures;
(2) conduct and support reviews and evaluations of existing research findings with respect to such treatment or conditions;
(3) conduct and support reviews and evaluations of the existing methodologies that use large data bases in conducting such research and shall develop new research methodologies, including data-based methods of advancing knowledge and methodologies that measure clinical and functional status of patients, with respect to such research;
(4) provide grants and contracts to research centers, and contracts to other entities, to conduct such research on such treatment or conditions, including research on the appropriate use of prescription drugs;
(5) conduct and support research and demonstrations on the use of claims data and data on clinical and functional status of patients in determining the outcomes, effectiveness, and appropriateness of such treatment; and
(6) conduct and support supplementation of existing data bases, including the collection of new information, to enhance data bases for research purposes, and the design and development of new data bases that would be used in outcomes and effectiveness research.
(d) Standards for data bases In carrying out this section, the Secretary shall develop—
(1) uniform definitions of data to be collected and used in describing a patients clinical and functional status;
(2) common reporting formats and linkages for such data; and
(3) standards to assure the security, confidentiality, accuracy, and appropriate maintenance of such data.
(e) Dissemination of research findings and guidelines (1) In general The Secretary shall provide for the dissemination of the findings of research and the guidelines described in subsection (a), and for the education of providers and others in the application of such research findings and guidelines.
(2) Cooperative educational activities In disseminating findings and guidelines under paragraph (1), and in providing for education under such paragraph, the Secretary shall work with professional associations, medical specialty and subspecialty organizations, and other relevant groups to identify and implement effective means to educate physicians, other providers, consumers, and others in using such findings and guidelines, including training for physician managers within provider organizations.
(f) Evaluations The Secretary shall conduct and support evaluations of the activities carried out under this section to determine the extent to which such activities have had an effect on the practices of physicians in providing medical treatment, the delivery of health care, and the outcomes of health care services and procedures.
(g) Research with respect to dissemination The Secretary may conduct or support research with respect to improving methods of disseminating information on the effectiveness and appropriateness of health care services and procedures.
(h) Omitted
(i) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section—
(A) $50,000,000 for fiscal year 1990;
(B) $75,000,000 for fiscal year 1991;
(C) $110,000,000 for fiscal year 1992;
(D) $148,000,000 for fiscal year 1993; and
(E) $185,000,000 for fiscal year 1994.
(2) Specifications For the purpose of carrying out this section, for each of the fiscal years 1990 through 1992 an amount equal to two-thirds of the amounts authorized to be appropriated under paragraph (1), and for each of the fiscal years 1993 and 1994 an amount equal to 70 percent of such amounts, are to be appropriated in the following proportions from the following trust funds:
(A) 60 percent from the Federal Hospital Insurance Trust Fund (established under section 1395i of this title).
(B) 40 percent from the Federal Supplementary Medical Insurance Trust Fund (established under section 1395t of this title).
(3) Allocations (A) For each fiscal year, of the amounts transferred or otherwise appropriated to carry out this section, the Secretary shall reserve appropriate amounts for each of the purposes specified in clauses (i) through (iv) of subparagraph (B).
(B) The purposes referred to in subparagraph (A) are—
(i) the development of guidelines, standards, performance measures, and review criteria;
(ii) research and evaluation;
(iii) data-base standards and development; and
(iv) education and information dissemination.
(Aug. 14, 1935, ch. 531, title XI, § 1142, as added Pub. L. 101239, title VI, § 6103(b)(1), Dec. 19, 1989, 103 Stat. 2195; amended Pub. L. 106129, § 2(b)(2), Dec. 6, 1999, 113 Stat. 1670; Pub. L. 108173, title IX, § 900(e)(1)(C), Dec. 8, 2003, 117 Stat. 2371.)
## Notes
Editorial Notes
References in TextSections 299b1 to 299b3 of this title, referred to in subsecs. (a) and (b), were in the original references to sections 912 to 914 of act July 1, 1944, which were omitted in the general amendment of subchapter VII of chapter 6A of this title by Pub. L. 106129, § 2(a), Dec. 6, 1999, 113 Stat. 1653. Section 2(a) of Pub. L. 106129 enacted new sections 912 to 914 of act July 1, 1944, which are classified to sections 299b1 to 299b3, respectively, of this title.
Codification Subsec. (h) of this section, which required the Secretary to report biennially to Congress on the progress of the activities under this section during the preceding 2 fiscal years, including the impact of such activities on medical care (particularly medical care for individuals receiving benefits under subchapter XVIII of this chapter), terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 10 on page 94 of House Document No. 1037. Another section 1142 of act Aug. 14, 1935, was renumbered section 1143 by Pub. L. 101508, title V, § 5111(a)(1), Nov. 5, 1990, 104 Stat. 1388272, and is classified to section 1320b13 of this title.
Amendments2003—Subsec. (b)(3). Pub. L. 108173, § 900(e)(1)(C), substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”. 1999—Subsec. (a)(1). Pub. L. 106129 substituted “Director of the Agency for Healthcare Research and Quality” for “Administrator for Health Care Policy and Research” in introductory provisions.
Statutory Notes and Related Subsidiaries
AHCPR Study on Effect of Credentialing of Technologists and Sonographers on Quality of UltrasoundPub. L. 106113, div. B, § 1000(a)(6) [title II, § 229(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A357, required a study on the effect of credentialing of technologists and sonographers on the quality of ultrasounds and submission of a report to Congress no later than two years after Nov. 29, 1999.
Report on Linkage of Public and Private Research Related DataPub. L. 101239, title VI, § 6103(b)(2), Dec. 19, 1989, 103 Stat. 2198, provided that, no later than 1 year after Dec. 19, 1989, the Secretary of Health and Human Services would report to Congress on the feasibility of linking research-related data described in subsec. (d) of this section with similar data collected or maintained by non-Federal entities and by Federal agencies other than the Department of Health and Human Services (including the Departments of Defense and Veterans Affairs and the Office of Personnel Management).
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# 42 U.S.C. § 1320b13 - Social security account statements
## Text
(a) Provision upon request (1) Beginning not later than October 1, 1990, the Commissioner of Social Security shall provide upon the request of an eligible individual a social security account statement (hereinafter referred to as the “statement”).
(2) Each statement shall contain—
(A) the amount of wages paid to and self-employment income derived by the eligible individual as shown by the records of the Commissioner at the date of the request;
(B) an estimate of the aggregate of the employer, employee, and self-employment contributions of the eligible individual for old-age, survivors, and disability insurance as shown by the records of the Commissioner on the date of the request;
(C) a separate estimate of the aggregate of the employer, employee, and self-employment contributions of the eligible individual for hospital insurance as shown by the records of the Commissioner on the date of the request;
(D) an estimate of the potential monthly retirement, disability, survivor, and auxiliary benefits payable on the eligible individuals account together with a description of the benefits payable under the medicare program of subchapter XVIII; and
(E) in the case of an eligible individual described in paragraph (3)(C)(ii), an explanation, in language calculated to be understood by the average eligible individual, of the operation of the provisions under sections 402(k)(5) 11 See References in Text note below. and 415(a)(7) 1 of this title and an explanation of the maximum potential effects of such provisions on the eligible individuals monthly retirement, survivor, and auxiliary benefits.
(3) For purposes of this section, the term “eligible individual” means an individual—
(A) who has a social security account number,
(B) who has attained age 25 or over, and
(C) (i) who has wages or net earnings from self-employment, or (ii) with respect to whom the Commissioner has information that the pattern of wages or self-employment income indicate a likelihood of noncovered employment.
(b) Notice to eligible individuals The Commissioner shall, to the maximum extent practicable, take such steps as are necessary to assure that eligible individuals are informed of the availability of the statement described in subsection (a).
(c) Mandatory provision of statements (1) By not later than September 30, 1995, the Commissioner shall provide a statement to each eligible individual who has attained age 60 by October 1, 1994, and who is not receiving benefits under subchapter II and for whom a current mailing address can be determined through such methods as the Commissioner determines to be appropriate. In fiscal years 1995 through 1999 the Commissioner shall provide a statement to each eligible individual who attains age 60 in such fiscal years and who is not receiving benefits under subchapter II and for whom a current mailing address can be determined through such methods as the Commissioner determines to be appropriate. The Commissioner shall provide with each statement to an eligible individual notice that such statement is updated annually and is available upon request.
(2) Beginning not later than October 1, 1999, the Commissioner shall provide a statement on an annual basis to each eligible individual who is not receiving benefits under subchapter II and for whom a mailing address can be determined through such methods as the Commissioner determines to be appropriate. With respect to statements provided to eligible individuals who have not attained age 50, such statements need not include estimates of monthly retirement benefits. However, if such statements provided to eligible individuals who have not attained age 50 do not include estimates of retirement benefit amounts, such statements shall include a description of the benefits (including auxiliary benefits) that are available upon retirement.
(d) Disclosure to governmental employees of effect of noncovered employment (1) In the case of any individual commencing employment on or after January 1, 2005, in any agency or instrumentality of any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) in a position in which service performed by the individual does not constitute “employment” as defined in section 410 of this title, the head of the agency or instrumentality shall ensure that, prior to the date of the commencement of the individuals employment in the position, the individual is provided a written notice setting forth an explanation, in language calculated to be understood by the average individual, of the maximum effect on computations of primary insurance amounts (under section 415(a)(7) 1 of this title) and the effect on benefit amounts (under section 402(k)(5) 1 of this title) of monthly periodic payments or benefits payable based on earnings derived in such service. Such notice shall be in a form which shall be prescribed by the Commissioner of Social Security.
(2) The written notice provided to an individual pursuant to paragraph (1) shall include a form which, upon completion and signature by the individual, would constitute certification by the individual of receipt of the notice. The agency or instrumentality providing the notice to the individual shall require that the form be completed and signed by the individual and submitted to the agency or instrumentality and to the pension, annuity, retirement, or similar fund or system established by the governmental entity involved responsible for paying the monthly periodic payments or benefits, before commencement of service with the agency or instrumentality.
(Aug. 14, 1935, ch. 531, title XI, § 1143, formerly § 1142, as added Pub. L. 101239, title X, § 10308, Dec. 19, 1989, 103 Stat. 2485; renumbered § 1143 and amended Pub. L. 101508, title V, § 5111(a), Nov. 5, 1990, 104 Stat. 1388272; Pub. L. 10578, title VI, § 605, Nov. 13, 1997, 111 Stat. 1521; Pub. L. 108203, title IV, §§ 419(a)(c), 421, Mar. 2, 2004, 118 Stat. 533535.)
## Notes
Editorial Notes
References in TextParagraph (5) of section 402(k) of this title, referred to in subsecs. (a)(2)(E) and (d)(1), was repealed by Pub. L. 118273, § 2(a), Jan. 5, 2025, 138 Stat. 3232. Paragraph (7) of section 415(a) of this title, referred to in subsecs. (a)(2)(E) and (d)(1), was repealed by Pub. L. 118273, § 3(a)(1), Jan. 5, 2025, 138 Stat. 3232.
Amendments2004—Subsec. (a)(1). Pub. L. 108203, § 421(1), substituted “Commissioner of Social Security” for “Secretary”. Subsec. (a)(2)(A) to (C). Pub. L. 108203, § 421(2), substituted “Commissioner” for “Secretary”. Subsec. (a)(2)(E). Pub. L. 108203, § 419(b), added subpar. (E). Subsec. (a)(3). Pub. L. 108203, § 419(a)(1), struck out “who” after “an individual” in introductory provisions. Subsec. (a)(3)(A), (B). Pub. L. 108203, § 419(a)(1), inserted “who” before “has”. Subsec. (a)(3)(C). Pub. L. 108203, § 419(a)(2), (3), designated existing provisions as cl. (i), inserted “who” before “has wages”, and inserted “, or” and cl. (ii) before period. Subsecs. (b), (c). Pub. L. 108203, § 421(2), substituted “Commissioner” for “Secretary” wherever appearing. Subsec. (d). Pub. L. 108203, § 419(c), added subsec. (d). 1997—Subsec. (a)(2)(B), (C). Pub. L. 10578 substituted “employer, employee,” for “employee”. 1990—Subsec. (c)(2). Pub. L. 101508, § 5111(a)(2), substituted “an annual” for “a biennial”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentPub. L. 108203, title IV, § 419(d), Mar. 2, 2004, 118 Stat. 534, provided that: “The amendments made by subsections (a) and (b) of this section [amending this section] shall apply with respect to social security account statements issued on or after January 1, 2007.”
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# 42 U.S.C. § 1320b14 - Outreach efforts to increase awareness of the availability of medicare cost-sharing and subsidies for low-income individuals under subchapter XVIII
## Text
(a) Outreach (1) In general The Commissioner of Social Security (in this section referred to as the “Commissioner”) shall conduct outreach efforts to—
(A) identify individuals entitled to benefits under the medicare program under subchapter XVIII who may be eligible for medical assistance for payment of the cost of medicare cost-sharing under the medicaid program pursuant to sections 1396a(a)(10)(E) and 1396u3 of this title 11 So in original. Probably should be followed by a comma. for the transitional assistance under section 1395w141(f) of this title, or for premium and cost-sharing subsidies under section 1395w114 of this title; and
(B) notify such individuals of the availability of such medical assistance, program, and subsidies under such sections.
(2) Content of notice Any notice furnished under paragraph (1) shall state that eligibility for medicare cost-sharing assistance, the transitional assistance under section 1395w141(f) of this title, or premium and cost-sharing subsidies under section 1395w114 of this title under such sections is conditioned upon—
(A) the individual providing to the State information about income and resources (in the case of an individual residing in a State that imposes an assets test for eligibility for medicare cost-sharing under the medicaid program); and
(B) meeting the applicable eligibility criteria.
(b) Coordination with States (1) In general In conducting the outreach efforts under this section, the Commissioner shall—
(A) furnish the agency of each State responsible for the administration of the medicaid program and any other appropriate State agency with information consisting of the name and address of individuals residing in the State that the Commissioner determines may be eligible for medical assistance for payment of the cost of medicare cost-sharing under the medicaid program pursuant to sections 1396a(a)(10)(E) and 1396u3 of this title, for transitional assistance under section 1395w141(f) of this title, or for premium and cost-sharing subsidies for low-income individuals under section 1395w114 of this title; and
(B) update any such information not less frequently than once per year.
(2) Information in periodic updates The periodic updates described in paragraph (1)(B) shall include information on individuals who are or may be eligible for the medical assistance, program, and subsidies described in paragraph (1)(A) because such individuals have experienced reductions in benefits under subchapter II.
(c) Assistance with Medicare Savings Program and low-income subsidy program applications (1) Distribution of applications and information to individuals who are potentially eligible for low-income subsidy program For each individual who submits an application for low-income subsidies under section 1395w114 of this title, requests an application for such subsidies, or is otherwise identified as an individual who is potentially eligible for such subsidies, the Commissioner shall do the following:
(A) Provide information describing the low-income subsidy program under section 1395w114 of this title and the Medicare Savings Program (as defined in paragraph (7)).
(B) Provide an application for enrollment under such low-income subsidy program (if not already received by the Commissioner).
(C) In accordance with paragraph (3), transmit data from such an application for purposes of initiating an application for benefits under the Medicare Savings Program.
(D) Provide information on how the individual may obtain assistance in completing such application and an application under the Medicare Savings Program, including information on how the individual may contact the State health insurance assistance program (SHIP).
(E) Make the application described in subparagraph (B) and the information described in subparagraphs (A) and (D) available at local offices of the Social Security Administration.
(2) Training personnel in explaining benefit programs and assisting in completing LIS application The Commissioner shall provide training to those employees of the Social Security Administration who are involved in receiving applications for benefits described in paragraph (1)(B) in order that they may promote beneficiary understanding of the low-income subsidy program and the Medicare Savings Program in order to increase participation in these programs. Such employees shall provide assistance in completing an application described in paragraph (1)(B) upon request.
(3) Transmittal of data to States Beginning on January 1, 2010, with the consent of an individual completing an application for benefits described in paragraph (1)(B), the Commissioner shall electronically transmit to the appropriate State Medicaid agency data from such application, as determined by the Commissioner, which transmittal shall initiate an application of the individual for benefits under the Medicare Savings Program with the State Medicaid agency. In order to ensure that such data transmittal provides effective assistance for purposes of State adjudication of applications for benefits under the Medicare Savings Program, the Commissioner shall consult with the Secretary, after the Secretary has consulted with the States, regarding the content, form, frequency, and manner in which data (on a uniform basis for all States) shall be transmitted under this subparagraph.
(4) Coordination with outreach The Commissioner shall coordinate outreach activities under this subsection in connection with the low-income subsidy program and the Medicare Savings Program.
(5) Reimbursement of Social Security Administration administrative costs (A) Initial Medicare Savings Program costs; additional low-income subsidy costs (i) Initial Medicare Savings Program costs There are hereby appropriated to the Commissioner to carry out this subsection, out of any funds in the Treasury not otherwise appropriated, $24,100,000. The amount appropriated under ths 22 So in original. Probably should be “this”. clause shall be available on October 1, 2008, and shall remain available until expended.
(ii) Additional amount for low-income subsidy activities There are hereby appropriated to the Commissioner, out of any funds in the Treasury not otherwise appropriated, $24,800,000 for fiscal year 2009 to carry out low-income subsidy activities under section 1395w114 of this title and the Medicare Savings Program (in accordance with this subsection), to remain available until expended. Such funds shall be in addition to the Social Security Administrations Limitation on Administrative Expenditure appropriations for such fiscal year.
(B) Subsequent funding under agreements (i) In general Effective for fiscal years beginning on or after October 1, 2010, the Commissioner and the Secretary shall enter into an agreement which shall provide funding (subject to the amount appropriated under clause (ii)) to cover the administrative costs of the Commissioners activities under this subsection. Such agreement shall—
(I) provide funds to the Commissioner for the full cost of the Social Security Administrations work related to the Medicare Savings Program required under this section;
(II) provide such funding quarterly in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary; and
(III) require an annual accounting and reconciliation of the actual costs incurred and funds provided under this subsection.
(ii) Appropriation There are hereby appropriated to the Secretary solely for the purpose of providing payments to the Commissioner pursuant to an agreement specified in clause (i) that is in effect, out of any funds in the Treasury not otherwise appropriated, not more than $3,000,000 for fiscal year 2011 and each fiscal year thereafter.
(C) Limitation In no case shall funds from the Social Security Administrations Limitation on Administrative Expenses be used to carry out activities related to the Medicare Savings Program. For fiscal years beginning on or after October 1, 2010, no such activities shall be undertaken by the Social Security Administration unless the agreement specified in subparagraph (B) is in effect and full funding has been provided to the Commissioner as specified in such subparagraph.
(6) GAO analysis and report (A) Analysis The Comptroller General of the United States shall prepare an analysis of the impact of this subsection—
(i) in increasing participation in the Medicare Savings Program, and
(ii) on States and the Social Security Administration.
(B) Report Not later than January 1, 2012, the Comptroller General shall submit to Congress, the Commissioner, and the Secretary a report on the analysis conducted under subparagraph (A).
(7) Medicare Savings Program defined For purposes of this subsection, the term “Medicare Savings Program” means the program of medical assistance for payment of the cost of medicare cost-sharing under the Medicaid program pursuant to sections 1396a(a)(10)(E) and 1396u3 of this title.
(Aug. 14, 1935, ch. 531, title XI, § 1144, as added Pub. L. 106554, § 1(a)(6) [title IX, § 911(a)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A583; amended Pub. L. 108173, title I, § 103(g), Dec. 8, 2003, 117 Stat. 2160; Pub. L. 110275, title I, § 113(a), July 15, 2008, 122 Stat. 2503.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1320b14, act Aug. 14, 1935, ch. 531, title XI, § 1144, as added Pub. L. 10366, title XIII, § 13581(a), Aug. 10, 1993, 107 Stat. 609; Pub. L. 10534, title XV, § 1503(e), Aug. 5, 1997, 111 Stat. 1063, related to Medicare and Medicaid Coverage Data Bank, prior to repeal by Pub. L. 104226, § 1(a), Oct. 2, 1996, 110 Stat. 3033.
Amendments2008—Subsec. (c). Pub. L. 110275 added subsec. (c). 2003—Pub. L. 108173, § 103(g)(1), inserted “and subsidies for low-income individuals under subchapter XVIII” after “cost-sharing” in section catchline. Subsec. (a)(1)(A). Pub. L. 108173, § 103(g)(2)(A)(i), inserted “for the transitional assistance under section 1395w141(f) of this title, or for premium and cost-sharing subsidies under section 1395w114 of this title” before semicolon. Subsec. (a)(1)(B). Pub. L. 108173, § 103(g)(2)(A)(ii), inserted “, program, and subsidies” after “medical assistance”. Subsec. (a)(2). Pub. L. 108173, § 103(g)(2)(B)(i), inserted “, the transitional assistance under section 1395w141(f) of this title, or premium and cost-sharing subsidies under section 1395w114 of this title” after “assistance” in introductory provisions. Subsec. (a)(2)(A). Pub. L. 108173, § 103(g)(2)(B)(ii), substituted “eligibility for medicare cost-sharing under the medicaid program” for “such eligibility”. Subsec. (b)(1)(A). Pub. L. 108173, § 103(g)(3)(A), inserted “, for transitional assistance under section 1395w141(f) of this title, or for premium and cost-sharing subsidies for low-income individuals under section 1395w114 of this title” after “1396u3 of this title”. Subsec. (b)(2). Pub. L. 108173, § 103(g)(3)(B), inserted “, program, and subsidies” after “medical assistance”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentPub. L. 110275, title I, § 113(c), July 15, 2008, 122 Stat. 2506, provided that: “Except as otherwise provided, the amendments made by this section [amending this section and section 1396u5 of this title] shall take effect on January 1, 2010.”
Effective DatePub. L. 106554, § 1(a)(6) [title IX, § 911(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A584, provided that: “The amendments made by subsection (a) [enacting this section and amending section 1396d of this title] shall take effect one year after the date of the enactment of this Act [Dec. 21, 2000].”
GAO ReportPub. L. 106554, § 1(a)(6) [title IX, § 911(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A584, required the Comptroller General of the United States to conduct a study of the impact of this section on the enrollment of individuals for medicare cost-sharing under the medicaid program and to submit a report on the study no later than 18 months after the initial outreach.
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status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
source_identifier: "/us/usc/t42/s1320b15"
source_file: "data/legal/raw/us/code/title-42/usc42.xml"
source_hash: "510b5b1807c8973056cdd5c72d46a502577f76e62c147ac324d8118e01e2b407"
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text_hash: "b2c70e93347098495a7b4aad5a45a8560b1f8032a270154164cc140c7f5d1354"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 42 U.S.C. § 1320b15 - Protection of social security and medicare trust funds
## Text
(a) In general No officer or employee of the United States shall—
(1) delay the deposit of any amount into (or delay the credit of any amount to) any Federal fund or otherwise vary from the normal terms, procedures, or timing for making such deposits or credits,
(2) refrain from the investment in public debt obligations of amounts in any Federal fund, or
(3) redeem prior to maturity amounts in any Federal fund which are invested in public debt obligations for any purpose other than the payment of benefits or administrative expenses from such Federal fund.
(b) “Public debt obligation” defined For purposes of this section, the term “public debt obligation” means any obligation subject to the public debt limit established under section 3101 of title 31.
(c) “Federal fund” defined For purposes of this section, the term “Federal fund” means—
(1) the Federal Old-Age and Survivors Insurance Trust Fund;
(2) the Federal Disability Insurance Trust Fund;
(3) the Federal Hospital Insurance Trust Fund; and
(4) the Federal Supplementary Medical Insurance Trust Fund.
(Aug. 14, 1935, ch. 531, title XI, § 1145, as added Pub. L. 104121, title I, § 107(a), Mar. 29, 1996, 110 Stat. 856.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 104121, title I, § 107(b), Mar. 29, 1996, 110 Stat. 857, provided that: “The amendment made by this section [enacting this section] shall take effect on the date of the enactment of this Act [Mar. 29, 1996].”
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "42 U.S.C. § 1320b16"
description: "Public disclosure of certain information on hospital financial interest and referral patterns"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "7"
chapter_name: "SOCIAL SECURITY"
section: "1320b16"
citation: "42 U.S.C. § 1320b16"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
source_identifier: "/us/usc/t42/s1320b16"
source_file: "data/legal/raw/us/code/title-42/usc42.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 42 U.S.C. § 1320b16 - Public disclosure of certain information on hospital financial interest and referral patterns
## Text
The Secretary shall make available to the public, in a form and manner specified by the Secretary, information disclosed to the Secretary pursuant to section 1395cc(a)(1)(S) of this title.
(Aug. 14, 1935, ch. 531, title XI, § 1146, as added Pub. L. 10533, title IV, § 4321(c), Aug. 5, 1997, 111 Stat. 395.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 10533, title IV, § 4321(d)(2), Aug. 5, 1997, 111 Stat. 395, provided that: “The Secretary of Health and Human Services shall issue regulations by not later than the date which is 1 year after the date of the enactment of this Act [Aug. 5, 1997] to carry out the amendments made by subsections (b) and (c) [enacting this section and amending section 1395cc of this title] and such amendments shall take effect as of such date (on or after the issuance of such regulations) as the Secretary specifies in such regulations.”

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