Agreement between Commissioner and State; contents
Any agreement between the Commissioner of Social Security and a State entered into under subsection (a) shall provide—
that such payments will be made (subject to subsection (c)) to all individuals residing in such State (or subdivision) who are receiving benefits under this subchapter, and
such other rules with respect to eligibility for or amount of the supplementary payments, and such procedural or other general administrative provisions, as the Commissioner of Social Security finds necessary (subject to subsection (c)) to achieve efficient and effective administration of both the program which the Commissioner conducts under this subchapter and the optional State supplementation.
At the option of the State (but subject to paragraph (2) of this subsection), the agreement between the Commissioner of Social Security and such State entered into under subsection (a) shall be modified to provide that the Commissioner of Social Security will make supplementary payments, on and after an effective date to be specified in the agreement as so modified, to individuals receiving benefits determined under section 1382(e)(1)(B) of this title
Residence requirement by State or subdivision for supplementary payments; disregarding amounts of certain income by State or subdivision in determining eligibility for supplementary payments
Any State (or political subdivision) making supplementary payments described in subsection (a) may at its option impose as a condition of eligibility for such payments, and include in the State’s agreement with the Commissioner of Social Security under such subsection, a residence requirement which excludes individuals who have resided in the State (or political subdivision) for less than a minimum period prior to application for such payments.
Any State (or political subdivision), in determining the eligibility of any individual for supplementary payments described in subsection (a), may disregard amounts of earned and unearned income in addition to other amounts which it is required or permitted to disregard under this section in determining such eligibility, and shall include a provision specifying the amount of any such income that will be disregarded, if any.
Any State (or political subdivision) making supplementary payments described in subsection (a) shall have the option of making such payments to individuals who receive benefits under this subchapter under the provisions of section 1382h of this title
, or who would be eligible to receive such benefits but for their income.
State standards; establishment; annual public review; annual certification; payments to individuals
Each State shall establish or designate one or more State or local authorities which shall establish, maintain, and insure the enforcement of standards for any category of institutions, foster homes, or group living arrangements in which (as determined by the State) a significant number of recipients of supplemental security income benefits is residing or is likely to reside. Such standards shall be appropriate to the needs of such recipients and the character of the facilities involved, and shall govern such matters as admission policies, safety, sanitation, and protection of civil rights.
Each State shall annually make available for public review a summary of the standards established pursuant to paragraph (1), and shall make available to any interested individual a copy of such standards, along with the procedures available in the State to insure the enforcement of such standards and a list of any waivers of such standards and any violations of such standards which have come to the attention of the authority responsible for their enforcement.
Each State shall certify annually to the Commissioner of Social Security that it is in compliance with the requirements of this subsection.
Payments made under this subchapter with respect to an individual shall be reduced by an amount equal to the amount of any supplementary payment (as described in subsection (a)) or other payment made by a State (or political subdivision thereof) which is made for or on account of any medical or any other type of remedial care provided by an institution of the type described in paragraph (1) to such individual as a resident or an inpatient of such institution if such institution is not approved as meeting the standards described in such paragraph by the appropriate State or local authorities.
[Aug. 14, 1935, ch. 531], title XVI, § 1616, as added [Pub. L. 92–603, title III, § 301], Oct. 30, 1972, [86 Stat. 1474]; amended [Pub. L. 93–233, § 14], Dec. 31, 1973, [87 Stat. 965]; [Pub. L. 94–566, title V, § 505(c)], (d), Oct. 20, 1976, [90 Stat. 2687]; [Pub. L. 96–265, title II, § 201(b)(1)], June 9, 1980, [94 Stat. 446]; [Pub. L. 97–35, title XXIII, § 2353(n)], Aug. 13, 1981, [95 Stat. 873]; [Pub. L. 99–272, title XII, § 12201(b)], Apr. 7, 1986, [100 Stat. 290]; [Pub. L. 103–66, title XIII, § 13731(a)(1)], Aug. 10, 1993, [107 Stat. 660]; [Pub. L. 103–296, title I, § 107(a)(4)], Aug. 15, 1994, [108 Stat. 1478]; [Pub. L. 105–33, title V, § 5102(a)(1)], (b)(1)(A), Aug. 5, 1997, [111 Stat. 595], 596; [Pub. L. 105–78, title V, § 516(a)(1)], (b)(1)(A), Nov. 13, 1997, [111 Stat. 1517], 1518; [Pub. L. 106–170, title IV, § 410(a)(1)], Dec. 17, 1999, [113 Stat. 1916].)