ELIGIBILITY OF INDIVIDUALS IN CERTAIN INSTITUTIONS.

SEC. 595. ELIGIBILITY OF INDIVIDUALS IN CERTAIN INSTITUTIONS. (a) In General.—Section 1611(e)(1) of the Social Security Act is amended by striking out “subparagraph (B)” in subparagraph (A) and inserting in lieu thereof “subparagraph (B) and (C)”; and by adding at the end thereof the following new subparagraph: “(C) As used in subparagraph (A), the term ‘public institution’ does not include a publicly operated community residence which serves no more than 16 residents.”. (b) Conforming Amendment.—Section 1612(b)(6) of such Act is amended by striking out “assistance described in section 1616(a) which” and inserting in lieu thereof “assistance, furnished to or on behalf of such individual (and spouse), which”. 90 STAT. 2687 (c) Repeal of Limitation on Payment.—Section 1616(e) of such Act is repealed. (d) States To Establish Standards.—Effective October 1, 1977, section 1616(e) of such Act is amended to read as follows: “(e) (1) 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. “(2) Each State shall annually make available for public review, as a part of the services program planning procedures established pursuant to section 2004 of this Act, 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. “(3) Each State shall certify annually to the Secretary that it is in compliance with the requirements of this subsection. “(4) Payments made under this title 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.”. (e) Effective Date.—The amendments and repeals made by this section, unless otherwise specified therein, shall take effect on October 1, 1976.