42 U.S.C. § 301 — Authorization of appropriations

Page 1789 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 301 Sec. 1397a. Payments to States. 1397b. Allotments. 1397c. State reporting requirements. 1397d. Limitation on use of grants; waiver. 1397e. Administrative and fiscal account- ability. 1397f. Additional grants. 1397g. Demonstration projects to address health professions workforce needs. 1397h. Program for early detection of certain medical conditions related to environ- mental health hazards. 1397i. Additional funding for aging and dis- ability services programs. DIVISION B—ELDER JUSTICE 1397j. Definitions. 1397j–1. General provisions. PART I—NATIONAL COORDINATION OF ELDER JUSTICE ACTIVITIES AND RESEARCH SUBPART A—ELDER JUSTICE COORDINATING COUNCIL AND ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND EX- PLOITATION 1397k. Elder Justice Coordinating Council. 1397k–1. Advisory Board on Elder Abuse, Neglect, and Exploitation. 1397k–2. Research protections. 1397k–3. Authorization of appropriations. SUBPART B—ELDER ABUSE, NEGLECT, AND EXPLOITATION FORENSIC CENTERS 1397l. Establishment and support of elder abuse, neglect, and exploitation foren- sic centers. PART II—PROGRAMS TO PROMOTE ELDER JUSTICE 1397m. Enhancement of long-term care. 1397m–1. Adult protective services functions and grant programs. 1397m–2. Long-term care ombudsman program grants and training. 1397m–3. Provision of information regarding, and evaluations of, elder justice programs. 1397m–4. Report. 1397m–5. Rule of construction. DIVISION C—SOCIAL IMPACT DEMONSTRATION PROJECTS 1397n. Purposes. 1397n–1. Social impact partnership application. 1397n–2. Awarding social impact partnership agreements. 1397n–3. Feasibility study funding. 1397n–4. Evaluations. 1397n–5. Federal Interagency Council on Social Impact Partnerships. 1397n–6. Commission on Social Impact Partner- ships. 1397n–7. Limitation on use of funds. 1397n–8. No Federal funding for credit enhance- ments. 1397n–9. Availability of funds. 1397n–10. Website. 1397n–11. Regulations. 1397n–12. Definitions. 1397n–13. Funding. SUBCHAPTER XXI—STATE CHILDREN’S HEALTH INSURANCE PROGRAM 1397aa. Purpose; State child health plans. 1397bb. General contents of State child health plan; eligibility; outreach. 1397cc. Coverage requirements for children’s health insurance. 1397dd. Allotments. 1397ee. Payments to States. 1397ff. Process for submission, approval, and amendment of State child health plans. Sec. 1397gg. Strategic objectives and performance goals; plan administration. 1397hh. Annual reports; evaluations. 1397ii. Miscellaneous provisions. 1397jj. Definitions. 1397kk. Phase-out of coverage for nonpregnant childless adults; conditions for cov- erage of parents. 1397ll. Optional coverage of targeted low-in- come pregnant women through a State plan amendment. 1397mm. Grants to improve outreach and enroll- ment. SUBCHAPTER I—GRANTS TO STATES FOR OLD-AGE ASSISTANCE REPEAL OF SUBCHAPTER I OF THIS CHAPTER; INAP- PLICABILITY OF REPEAL TO PUERTO RICO, GUAM, AND VIRGIN ISLANDS Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this sub- chapter is repealed effective January 1, 1974, ex- cept with respect to Puerto Rico, Guam, and the Virgin Islands. Editorial Notes CODIFICATION Pub. L. 97–35, title XXI, § 2184(a)(1), Aug. 13, 1981, 95 Stat. 816, struck out ‘‘AND MEDICAL ASSISTANCE’’ after ‘‘OLD-AGE ASSISTANCE’’ in subchapter heading. Words ‘‘FOR THE AGED’’ following ‘‘AND MEDICAL ASSISTANCE’’ were editorially struck out. Pub. L. 86–778, title VI, § 601(a), Sept. 13, 1960, 74 Stat. 987, inserted ‘‘AND MEDICAL ASSISTANCE FOR THE AGED’’ at end of subchapter heading. § 301. Authorization of appropriations For the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish financial assistance to aged needy individuals, there is hereby authorized to be appropriated for each fiscal year a sum suffi- cient to carry out the purposes of this sub- chapter. 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 (hereinafter referred to as the ‘‘Secretary’’), State plans for old-age assistance. (Aug. 14, 1935, ch. 531, title I, § 1, 49 Stat. 620; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(a), 64 Stat. 558; Aug. 1, 1956, ch. 836, title III, § 311(a), 70 Stat. 848; Pub. L. 86–778, title VI, § 601(b), Sept. 13, 1960, 74 Stat. 987; Pub. L. 87–543, title I, § 104(c)(1), July 25, 1962, 76 Stat. 185; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–35, title XXI, § 2184(a)(2), Aug. 13, 1981, 95 Stat. 816.) REPEAL OF SECTION Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with re- spect to Puerto Rico, Guam, and the Virgin Is- lands. Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 substituted ‘‘purpose of enabling’’ for ‘‘purpose (a) of enabling’’, struck out provisions des- Page 1790 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 302 ignated as cls. (b) and (c) which authorized appropria- tions for the purpose of enabling each State to furnish medical assistance to aged individuals who are not re- cipients of old-age assistance but whose income and re- sources are insufficient to meet the cost of necessary medical care and of encouraging each State to furnish rehabilitation and other services to individuals to at- tain and retain capability for self-care, and struck out ‘‘, or for medical assistance for the aged, or for old-age assistance and medical assistance for the aged’’ after ‘‘plans for old-age assistance’’. 1962—Pub. L. 87–543 amended first sentence generally, striking from cl. (a) provision relating to the purpose of encouraging each State, as far as practicable under the conditions in the State, to help aged needy individuals attain self-care, and adding cl. (c) incorporating the struck out provision. 1960—Pub. L. 86–778 amended section generally, au- thorizing appropriations for the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish medical assistance on behalf of aged individuals who are not recipients of old-age as- sistance but whose income and resources are insuffi- cient to meet the costs of necessary medical services. 1956—Act Aug. 1, 1956, struck out specific appropria- tion for fiscal year ending June 30, 1956, and inserted provisions relating to attainment of self-care by indi- viduals. 1950—Act Aug. 28, 1950, § 361(a), substituted ‘‘Federal Security Administrator (hereinafter referred to as the ‘Administrator’)’’ for ‘‘Social Security Board estab- lished by subchapter I of this chapter (hereinafter re- ferred to as the ‘Board’)’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–778, title VI, § 604, Sept. 13, 1960, 74 Stat. 992, provided that: ‘‘The amendments made by section 601 of this Act [amending this section and sections 302, 303, 304, and 306 of this title] shall take effect October 1, 1960, and the amendments made by section 602 [amending section 1308 of this title] shall be effective with respect to fiscal years ending after 1960.’’ SHORT TITLE For short title of this chapter and of amendments thereto, see section 1305 of this title and Short Title notes set out thereunder. DECLARATION OF PURPOSE OF TITLE III OF ACT AUGUST 1, 1956 Act Aug. 1, 1956, ch. 836, title III, § 300, 70 Stat. 846, provided that: ‘‘It is the purpose of this title [enacting sections 906 and 1310 of this title and amending this sec- tion and sections 302, 303, 601, 602, 603, 606, 1201, 1202, 1203, 1301, 1308, 1351, 1352, and 1353 of this title] (a) to promote the health of the Nation by assisting States to extend and broaden their provisions for meeting the costs of medical care for persons eligible for public as- sistance by providing for separate matching of assist- ance expenditures for medical care, (b) to promote the well-being of the Nation by encouraging the States to place greater emphasis on helping to strengthen family life and helping needy families and individuals attain the maximum economic and personal independence of which they are capable, (c) to assist in improving the administration of public assistance programs (1) through making grants and contracts, and entering into jointly financed cooperative arrangements, for re- search or demonstration projects and (2) through Fed- eral-State programs of grants to institutions and traineeships and fellowships so as to provide training of public welfare personnel, thereby securing more ade- quately trained personnel, and (d) to improve aid to de- pendent children.’’ PUERTO RICO, GUAM, AND THE VIRGIN ISLANDS Pub. L. 92–603, title III, § 303(b), Oct. 30, 1972, 86 Stat. 1484, provided that: ‘‘The amendments made by sections 301 [enacting sections 1381 to 1383c of this title] and 302 [enacting sections 801 to 805 of this title] and the re- peals made by subsection (a) [repealing this section and sections 302 to 306, 1201 to 1206, and 1351 to 1355 of this title] shall not be applicable in the case of Puerto Rico, Guam, and the Virgin Islands.’’ § 302. State old-age plans (a) Contents A State plan for old-age assistance must— (1) except to the extent permitted by the Secretary with respect to services, provide that it shall be in effect in all political sub- divisions of the State, and, if administered by them, be mandatory upon them; (2) provide for financial participation by the State; (3) either provide for the establishment or designation of a single State agency to admin- ister the plan, or provide for the establish- ment or designation of a single State agency to supervise the administration of the plan; (4) provide (A) for granting an opportunity for a fair hearing before the State agency to any individual whose claim for assistance under the plan is denied or is not acted upon with reasonable promptness, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hear- ing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing; (5) provide (A) such methods of administra- tion (including methods relating to the estab- lishment and maintenance of personnel stand- ards on a merit basis, except that the Sec- retary shall exercise no authority with respect to the selection, tenure of office, and com- pensation of any individual employed in ac- cordance with such methods) as are found by the Secretary to be necessary for the proper and efficient operation of the plan, and (B) for the training and effective use of paid sub- professional staff, with particular emphasis on the full-time or part-time employment of re- cipients and other persons of low income, as community service aides, in the administra- tion of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services to ap- plicants and recipients and in assisting any advisory committees established by the State agency; (6) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require, and comply with such provi- sions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports; (7) provide safeguards which permit the use or disclosure of information concerning appli-