Pub. L. 105-33, tit. V, subtit. F, ch. 2, sec. 5522

CONFORMING AND TECHNICAL AMENDMENTS RELATING TO BENEFITS FOR DISABLED CHILDREN.

EnactedYear: 1997Length: 704 wordsOfficial source
SEC. 5522. CONFORMING AND TECHNICAL AMENDMENTS RELATING TO BENEFITS FOR DISABLED CHILDREN. (a) Eligibility Redeterminations and Continuing Disability Reviews.— (1) Disability eligibility redeterminations required for ssi recipients who attain 18 years of age.—Section 1614(a)(3)(H)(iii) (42 U.S.C. 1382c(a)(3)(H)(iii)) is amended by striking subclauses (I) and (II) and all that follows and inserting the following: “(I) by applying the criteria used in determining initial eligibility for individuals who are age 18 or older; and “(II) either during the 1-year period beginning on the individual’s 18th birthday or, in lieu of a continuing disability review, whenever the Commissioner determines that an individual’s case is subject to a redetermination under this clause. With respect to any redetermination under this clause, paragraph (4) shall not apply.”. (2) Continuing disability review required for low birth weight babies.—Section 1614(a)(3)(H)(iv) (42 U.S.C. 1382c(a)(3)(H)(iv)) is amended— (A) in subclause (I), by striking “Not” and inserting “Except as provided in subclause (VI), not”; and (B) by adding at the end the following: “(VI) Subclause (I) shall not apply in the case of an individual described in that subclause who, at the time of the individual’s initial disability determination, the Commissioner determines has an impairment that is not expected to improve within 12 months after the birth of that individual, and who the Commissioner schedules for a continuing disability review at a date that is after the individual attains 1 year of age.”. (b) Additional Accountability Requirements.—Section 1631(a)(2)(F) (42 U.S.C. 1383(a)(2)(F)) is amended— (1) in clause (ii)(III)(bb), by striking “the total amount” and all that follows through “1613(c)” and inserting “in any case in which the individual knowingly misapplies benefits from such an account, the Commissioner shall reduce future benefits payable to such individual (or to such individual and his spouse) by an amount equal to the total amount of such benefits so misapplied”; and (2) by striking clause (iii) and inserting the following: “(iii) The representative payee may deposit into the account established under clause (i) any other funds representing past due benefits under this title to the eligible individual, provided that the amount of such past due benefits is equal to or exceeds the maximum monthly benefit payable under this title to an eligible individual (including State supplementary payments made by the Commissioner pursuant to an agreement under section 1616 or section 212(b) of Public Law 93–66).”.111 STAT. 623 (c) Reduction in Cash Benefits Payable to Institutionalized Individuals Whose Medical Costs Are Covered by Private Insurance.—Section 1611(e) (42 U.S.C. 1382(e)) is amended— (1) in paragraph (1)(B)— (A) in the matter preceding clause (i), by striking “hospital, extended care facility, nursing home, or intermediate care facility” and inserting “medical treatment facility”; (B) in clause (ii)— (i) in the matter preceding subclause (I), by striking “hospital, home or”; and (ii) in subclause (I), by striking “hospital, home, or”; (C) in clause (iii), by striking “hospital, home, or”; and (D) in the matter following clause (iii), by striking “hospital, extended care facility, nursing home, or intermediate care facility which is a ‘medical institution or nursing facility’ within the meaning of section 1917(c)” and inserting “medical treatment facility that provides services described in section 1917(c)(1)(C)”; (2) in paragraph (1)(E)— (A) in clause (i)(II), by striking “hospital, extended care facility, nursing home, or intermediate care facility” and inserting “medical treatment facility”; and (B) in clause (iii), by striking “hospital, extended care facility, nursing home, or intermediate care facility” and inserting “medical treatment facility”; (3) in paragraph (1)(G), in the matter preceding clause (i)— (A) by striking “or which is a hospital, extended care facility, nursing home, or intermediate care” and inserting “or is in a medical treatment”; and (B) by inserting “or, in the case of an individual who is a child under the age of 18, under any health insurance policy issued by a private provider of such insurance” after “title XIX”; and (4) in paragraph (3)— (A) by striking “same hospital, home, or facility” and inserting “same medical treatment facility”; and (B) by striking “same such hospital, home, or facility” and inserting “same such facility”. (d) Correction of U.S.C. Citation.—Section 211(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193; 110 Stat. 2189) is amended by striking “1382(a)(4)” and inserting “1382c(a)(4)”.