42 U.S.C. § 1206 — ‘‘Aid to the blind’’ defined

Page 2539 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1206 1 So in original. Probably should be ‘‘needs’’. repealed effective Jan. 1, 1974, except with re- spect to Puerto Rico, Guam, and the Virgin Is- lands. Editorial Notes AMENDMENTS 1968—Pub. L. 90–248 inserted ‘‘(or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure)’’ after ‘‘further payments will not be made to the State’’ and substituted in last sentence ‘‘further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure)’’ for ‘‘further certification to the Secretary of the Treas- ury with respect to such State’’. 1950—Act Aug. 28, 1950, substituted ‘‘Administrator’’ for ‘‘Board’’ and ‘‘his’’ for ‘‘its’’. 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. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 1205. Omitted Editorial Notes CODIFICATION Section, act Aug. 14, 1935, ch. 531, title X, § 1005, 49 Stat. 647, made available $30,000 for the fiscal year end- ing June 30, 1936, for expenses in administering sections 1201 to 1204 of this title. Statutory Notes and Related Subsidiaries REPEALS Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section was repealed effec- tive Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands. § 1206. ‘‘Aid to the blind’’ defined For the purposes of this subchapter, the term ‘‘aid to the blind’’ means money payments to blind individuals who are needy, but does not in- clude any such payments to or care in behalf of any individual who is an inmate of a public in- stitution (except as a patient in a medical insti- tution) or any individual who is a patient in an institution for tuberculosis or mental diseases. Such term also includes payments which are not included within the meaning of such term under the preceding sentence, but which would be so included except that they are made on behalf of such a needy individual to another individual who (as determined in accordance with stand- ards prescribed by the Secretary) is interested in or concerned with the welfare of such needy individual, but only with respect to a State whose State plan approved under section 1202 of this title includes provision for— (1) determination by the State agency that such needy individual has, by reason of his physical or mental condition, such inability to manage funds that making payments to him would be contrary to his welfare and, there- fore, it is necessary to provide such aid through payments described in this sentence; (2) making such payments only in cases in which such payments will, under the rules oth- erwise applicable under the State plan for de- termining need and the amount of aid to the blind to be paid (and in conjunction with other income and resources), meet all the need 1 of the individuals with respect to whom such payments are made; (3) undertaking and continuing special ef- forts to protect the welfare of such individual and to improve, to the extent possible, his ca- pacity for self-care and to manage funds; (4) periodic review by such State agency of the determination under paragraph (1) of this subsection to ascertain whether conditions justifying such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appoint- ment of a guardian or other legal representa- tive, as described in section 1311 of this title, if and when it appears that such action will best serve the interests of such needy indi- vidual; and (5) opportunity for a fair hearing before the State agency on the determination referred to in paragraph (1) of this subsection for any in- dividual with respect to whom it is made. At the option of a State (if its plan approved under this subchapter so provides), such term (i) need not include money payments to an indi- vidual who has been absent from such State for a period in excess of 90 consecutive days (regard- less of whether he has maintained his residence in such State during such period) until he has been present in such State for 30 consecutive days in the case of such an individual who has maintained his residence in such State during such period or 90 consecutive days in the case of any other such individual, and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of aid under such plan. (Aug. 14, 1935, ch. 531, title X, § 1006, 49 Stat. 647; Aug. 10, 1939, ch. 666, title VII, § 703, 53 Stat. 1398; Aug. 28, 1950, ch. 809, title III, pt. 4, § 343(a), 64 Stat. 554; Pub. L. 87–543, title I, § 156(c), July 25, 1962, 76 Stat. 207; Pub. L. 89–97, title II, § 221(b), title IV, § 402(c), July 30, 1965, 79 Stat. 358, 416; Pub. L. 92–603, title IV, §§ 408(b), 409(b), Oct. 30, 1972, 86 Stat. 1490; Pub. L. 97–35, title XXI, § 2184(c)(3), Aug. 13, 1981, 95 Stat. 817.) 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. Page 2540 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1301 Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 struck out in provision preceding par. (1) ‘‘, or (if provided in or after the third month be- fore the month in which the recipient makes applica- tion for aid) medical care in behalf of or any type of re- medial care recognized under State law in behalf of,’’ after ‘‘money payments to’’. 1972—Pub. L. 92–603 authorized the State, at its op- tion, to include within term ‘‘aid to the blind’’ provi- sions relating to money payments to an individual ab- sent from such State for more than 90 consecutive days, and provisions relating to rent payments made directly to a public housing agency. 1965—Pub. L. 89–97 struck out from definition of ‘‘aid to the blind’’ the exclusion of payments to or medical care in behalf of any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof; and extended definition of ‘‘aid to the blind’’ to include payments made on behalf of the needy individual to another indi- vidual who (as determined in accordance with stand- ards determined by the Secretary) is interested in or concerned with the welfare of such needy individual and enumerated the five characteristics required of State plans under which such payments can be made, including provision for finding of inability to manage funds, payment to meet all needs of the individual, spe- cial efforts to protect welfare, periodic review, and op- portunity for fair hearing, respectively. 1962—Pub. L. 87–543 inserted ‘‘(if provided in or after the third month before the month in which the recipi- ent makes application for aid)’’ before ‘‘medical care’’. 1950—Act Aug. 28, 1950, redefined ‘‘aid to the blind’’. 1939—Act Aug. 10, 1939, redefined ‘‘aid to the blind’’ to include those individuals who are needy. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1965 AMENDMENT Amendment by section 221(b) of Pub. L. 89–97 applica- ble in the case of expenditures made after Dec. 31, 1965, under a State plan approved under this subchapter, see section 221(e) of Pub. L. 89–97, set out as a note under section 302 of this title. Amendment by section 402(c) of Pub. L. 89–97 applica- ble in the case of expenditures made after December 31, 1965, under a State plan approved under subchapters I, X, XIV, or XVI of this chapter, see section 402(e) of Pub. L. 89–97, set out as a note under section 306 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by section 156(c) of Pub. L. 87–543 appli- cable in the case of applications made after Sept. 30, 1962, under a State plan approved under subchapter I, IV, X, or XIV of this chapter, see section 156(e) of Pub. L. 87–543, set out as a note under section 306 of this title. EFFECTIVE DATE OF 1950 AMENDMENT Act Aug. 28, 1950, ch. 809, title III, § 343(b), 64 Stat. 554, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect October 1, 1950, except that the exclusion of money payments to needy individuals described in [former] clause (a) or (b) of section 1006 of the Social Security Act [42 U.S.C. 1206] as so amended shall, in the case of any of such in- dividuals who are not patients in a public institution, be effective July 1, 1952.’’ SUBCHAPTER XI—GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION PART A—GENERAL PROVISIONS § 1301. Definitions (a) When used in this chapter— (1) The term ‘‘State’’, except where other- wise provided, includes the District of Colum- bia and the Commonwealth of Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam. Such term when used in subchapters III, IX, and XII also includes the Virgin Is- lands. Such term when used in subchapter V and in part B of this subchapter also includes American Samoa, the Northern Mariana Is- lands, and the Trust Territory of the Pacific Islands. Such term when used in subchapters XIX and XXI also includes the Northern Mar- iana Islands and American Samoa. In the case of Puerto Rico, the Virgin Islands, and Guam, subchapters I, X, and XIV, and subchapter XVI (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972) shall continue to apply, and the term ‘‘State’’ when used in such sub- chapters (but not in subchapter XVI as in ef- fect pursuant to such amendment after De- cember 31, 1973) includes Puerto Rico, the Vir- gin Islands, and Guam. Such term when used in subchapter XX also includes the Virgin Is- lands, Guam, American Samoa, and the North- ern Mariana Islands. Such term when used in subchapter IV also includes American Samoa. (2) The term ‘‘United States’’ when used in a geographical sense means, except where other- wise provided, the States. (3) The term ‘‘person’’ means an individual, a trust or estate, a partnership, or a corpora- tion. (4) The term ‘‘corporation’’ includes associa- tions, joint-stock companies, and insurance companies. (5) The term ‘‘shareholder’’ includes a mem- ber in an association, joint-stock company, or insurance company. (6) The term ‘‘Secretary’’, except when the context otherwise requires, means the Sec- retary of Health and Human Services. (7) The terms ‘‘physician’’ and ‘‘medical care’’ and ‘‘hospitalization’’ include osteo- pathic practitioners or the services of osteo- pathic practitioners and hospitals within the scope of their practice as defined by State law. (8)(A) The ‘‘Federal percentage’’ for any State (other than Puerto Rico, the Virgin Is- lands, and Guam) shall be 100 per centum less the State percentage; and the State percent- age shall be that percentage which bears the same ratio to 50 per centum as the square of the per capita income of such State bears to the square of the per capita income of the United States; except that the Federal per- centage shall in no case be less than 50 per centum or more than 65 per centum. (B) The Federal percentage for each State (other than Puerto Rico, the Virgin Islands, and Guam) shall be promulgated by the Sec- retary between October 1 and November 30 of each year, on the basis of the average per cap- ita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such pro- mulgation shall be conclusive for each of the four quarters in the period beginning October 1 next succeeding such promulgation: Provided,