Pub. L. 101-239, tit. X, subtit. C, sec. 10306
NOTICE REQUIREMENTS.
SEC. 10306. NOTICE REQUIREMENTS. (a) Applicability to Blind Beneficiaries Under Title II of Notice Standards Currently Applicable to Blind Beneficiaries Under Title XVI.— (1) In general.—Section 221 of the Social Security Act (42 U.S.C. 421) is amended by adding at the end the following new subsection: “(l)(1) In any case where an individual who is applying for or receiving benefits under this title on the basis of disability by reason of blindness is entitled to receive notice from the Secretary of any decision or determination made or other action taken or proposed to be taken with respect to his or her rights under this title, such individual shall at his or her election be entitled either (A) to receive a supplementary notice of such decision, determination, or action, by telephone, within 5 working days after the initial notice is mailed, (B) to receive the initial notice in the form of a certified letter, or (C) to receive notification by some alternative procedure established by the Secretary and agreed to by the individual. “(2) The election under paragraph (1) may be made at any time, but an opportunity to make such an election shall in any event be given, to every individual who is an applicant for benefits under this title on the basis of disability by reason of blindness, at the time of his or her application. Such an election, once made by an individual, shall apply with respect to all notices of decisions, determinations, and actions which such individual may thereafter be entitled to receive under this title until such time as it is revoked or changed.”. (2) Application to current recipients.—Not later than July 1, 1990, the Secretary of Health and Human Services shall provide every individual receiving benefits under title II of the Social Security Act on the basis of disability by reason of blindness an opportunity to make an election under section 221(l)(1) of such Act (as added by paragraph (1)). (3) Effective date.—The amendment made by this section shall apply with respect to notices issued on or after July 1, 1990. (b) Report Regarding Notices in Languages Other Than English.—Not later than January 1, 1991, the Secretary of Health and Human Services shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate setting forth— (1) the procedures of the Social Security Administration currently in effect for issuing notices in languages other than English to individuals who have a limited capacity to communicate with such Administration in English, and (2) reasonable options for expanding the use of notices in languages other than English.