42 U.S.C. § 1204 — Operation of State plans

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 227 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must stop or limit payments to a State plan when, after notice and a hearing opportunity, the Secretary finds a prohibited residence or citizenship condition or substantial noncompliance with required plan provisions. Payments resume or expand when the problem is corrected.

For an approved State blind-aid plan, if, after reasonable notice and a hearing opportunity, HHS finds that (1) the plan or its administration imposes a residence or citizenship condition prohibited by section 1202(b) in many cases, or (2) administration substantially fails to follow a required section 1202(a) provision, the Secretary must notify the State agency that payments will stop, or may be limited to unaffected categories or parts, until the Secretary is satisfied the condition and failure no longer exist. Until then, payments must remain stopped or limited.

the actual law source: uscode.house.gov ↗public domain

In the case of any State plan for aid to the blind which has been approved by the Secretary of Health and Human Services, if the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, finds—

(1)

that the plan has been so changed as to impose any residence or citizenship requirement prohibited by section 1202(b) of this title, or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a substantial number of cases; or

(2)

that in the administration of the plan there is a failure to comply substantially with any provision required by section 1202(a) of this title to be included in the plan;

the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure) until the Secretary is satisfied that such prohibited requirement is no longer so imposed, and that there is no longer any such failure to comply. Until he is so satisfied he shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure).

Source credit: (Aug. 14, 1935, ch. 531, title X, § 1004, 49 Stat. 646; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(c), (d), 64 Stat. 558; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 90–248, title II, § 245, Jan. 2, 1968, 81 Stat. 918; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

history & why it existsrecord from the source credit

1935Enacted · Act of Aug. 14, 1935, ch. 531 · 49 Stat. 646
1950Amended · Act of Aug. 28, 1950, ch. 809 · 64 Stat. 558
1968Amended · Pub. L. 90-248 · 81 Stat. 918
1979Amended · Pub. L. 96-88 · 93 Stat. 695

A history note hasn’t been published yet. The record shows enactment by ch. 531 on 1935-08-14.

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