ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

42 U.S.C. § 1320b–20 — Work incentives outreach program

submitted 91 years ago by Pub. L. 106-170 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,376 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Commissioner must create a program that gives disabled beneficiaries accurate information and help about work-incentive programs. The section sets rules for grants, services, funding, reports, definitions, and appropriations.

(a) Establishment
(1) In general. The Commissioner, after consulting the Ticket to Work and Work Incentives Advisory Panel, must establish a community-based work-incentives planning and assistance program. Its purpose is to give disabled beneficiaries accurate information about work-incentive programs and related issues.

(2) Grants, cooperative agreements, contracts, and outreach. Under the program, the Commissioner must—
(A) create a competitive grant, cooperative-agreement, or contract program that provides benefits planning and assistance, including information about available protection-and-advocacy services, to disabled beneficiaries. This includes people in the Ticket to Work and Self-Sufficiency Program, the program under section 1382h, and other programs designed to encourage disabled beneficiaries to work;
(B) directly, or through grants, agreements, or contracts, conduct continuing outreach to disabled beneficiaries and their families who may qualify for Federal or State work-incentive programs designed to help disabled beneficiaries work. The outreach must include—
(i) preparing and distributing information that explains those programs; and
(ii) working with Federal, State, and private agencies and nonprofit organizations serving disabled beneficiaries, including organizations focused on vocational rehabilitation and work-related training and counseling;
(C) create a group of trained, accessible, and responsive work-incentive specialists within the Social Security Administration. They must specialize in disability work incentives under subchapters II and XVI and give accurate information about work-incentive questions and issues to—
(i) disabled beneficiaries;
(ii) applicants for benefits under subchapters II and XVI; and
(iii) people or organizations receiving grants under subparagraph (A) or (B); and
(D) provide—
(i) training for work-incentive specialists and people who provide the planning assistance described in subparagraph (C); and
(ii) technical assistance to organizations and entities designed to encourage disabled beneficiaries to return to work.

(3) Coordination with other programs. The Commissioner’s responsibilities must be coordinated with public and private programs that provide rehabilitation services, independent-living supports, and benefits planning for disabled beneficiaries. This includes the program under section 1382h, the plans-for-achieving-self-support program (PASS), other Federal or State work-incentive programs, educational agencies providing rehabilitation information and help, school-to-work programs, transition services under the Individuals with Disabilities Education Act, a one-stop delivery system under section 3151(e) of title 29, and other services.

(b) Conditions
(1) Selection of entities.
(A) Application. An entity seeking a grant, agreement, or contract must apply to the Commissioner at the time, in the manner, and with the information the Commissioner requires to meet this section.
(B) Statewideness. The Commissioner must ensure that the planning, assistance, and information described in paragraph (2) are available statewide.
(C) Eligibility of States and private organizations.
(i) In general. The Commissioner may award a grant, agreement, or contract to a State or a qualified private agency or organization. It may not be a Social Security Administration field office or the State agency administering the State Medicaid program under subchapter XIX.
(ii) Agencies and entities described. Eligible entities include—
(I) a public or private agency or organization that the Commissioner finds meets this section, including a Center for Independent Living, a protection-and-advocacy organization, a client-assistance program under section 112 of the Rehabilitation Act, or a State Developmental Disabilities Council; and
(II) the State agency administering the program funded under part A of subchapter IV.
(D) Exclusion for conflict of interest. The Commissioner may not award a grant, agreement, or contract to an entity that the Commissioner finds would have a conflict of interest.

(2) Services provided. A recipient must choose planners who give disabled beneficiaries information, guidance, and planning about—
(A) the availability and relationship of Federal and State work-incentive programs for which the person may qualify;
(B) whether employer health coverage is adequate and what other health coverage may be available; and
(C) available protection-and-advocacy services and how to obtain them.

(3) Amount of grants, cooperative agreements, or contracts.
(A) Based on population of disabled beneficiaries. Subject to subparagraph (B), the Commissioner must base each award on the percentage of the disabled-beneficiary population in the entity’s State.
(B) Limitations.
(i) Per grant. An entity may receive at least $50,000 and no more than $300,000 for a fiscal year.
(ii) Total amount. All awards under this section for a fiscal year together may not exceed $23,000,000.

(4) Funding.
(A) Allocation of costs. Costs must be paid from amounts available to administer subchapters II and XVI, allocated between those amounts as appropriate.
(B) Carryover. Up to 10 percent of the amount obligated to a State or private agency or organization for a fiscal year may remain available through the end of the next fiscal year. During that next year, it may be used only to provide planning and assistance to people who were in the recipient’s caseload immediately before that year began.

(c) Annual report. Each grant, agreement, or contract recipient must give the Commissioner an annual report about the planning and assistance it provided.

(d) Definitions.
(1) Commissioner means the Commissioner of Social Security.
(2) Disabled beneficiary means an individual—
(A) who is a disabled beneficiary as defined in section 1320b–19(k)(2);
(B) receiving a cash payment under section 1382e(a) or a supplementary payment under section 212(a)(3) of Public Law 93–66, whether or not the Commissioner pays it under the agreement described there;
(C) considered, under section 1382h(b), to receive benefits under subchapter XVI; or
(D) entitled to part A subchapter XVIII benefits because of the penultimate sentence of section 426(b).

(e) Authorization of appropriations. Congress authorizes $23,000,000 for each fiscal year from 2000 through 2011 to carry out this section.

the actual law source: uscode.house.gov ↗public domain
(a) Establishment
(1) In general

The Commissioner, in consultation with the Ticket to Work and Work Incentives Advisory Panel established under section 101(f) of the Ticket to Work and Work Incentives Improvement Act of 1999, shall establish a community-based work incentives planning and assistance program for the purpose of disseminating accurate information to disabled beneficiaries on work incentives programs and issues related to such programs.

(2) Grants, cooperative agreements, contracts, and outreach

Under the program established under this section, the Commissioner shall—

(A)

establish a competitive program of grants, cooperative agreements, or contracts to provide benefits planning and assistance, including information on the availability of protection and advocacy services, to disabled beneficiaries, including individuals participating in the Ticket to Work and Self-Sufficiency Program established under section 1320b–19 of this title, the program established under section 1382h of this title, and other programs that are designed to encourage disabled beneficiaries to work;

(B)

conduct directly, or through grants, cooperative agreements, or contracts, ongoing outreach efforts to disabled beneficiaries (and to the families of such beneficiaries) who are potentially eligible to participate in Federal or State work incentive programs that are designed to assist disabled beneficiaries to work, including—

(i)

preparing and disseminating information explaining such programs; and

(ii)

working in cooperation with other Federal, State, and private agencies and nonprofit organizations that serve disabled beneficiaries, and with agencies and organizations that focus on vocational rehabilitation and work-related training and counseling;

(C)

establish a corps of trained, accessible, and responsive work incentives specialists within the Social Security Administration who will specialize in disability work incentives under subchapters II and XVI for the purpose of disseminating accurate information with respect to inquiries and issues relating to work incentives to—

(i)

disabled beneficiaries;

(ii)

benefit applicants under subchapters II and XVI; and

(iii)

individuals or entities awarded grants under subparagraphs 1 (A) or (B); and

(D)

provide—

(i)

training for work incentives specialists and individuals providing planning assistance described in subparagraph (C); and

(ii)

technical assistance to organizations and entities that are designed to encourage disabled beneficiaries to return to work.

(3) Coordination with other programs

The responsibilities of the Commissioner established under this section shall be coordinated with other public and private programs that provide information and assistance regarding rehabilitation services and independent living supports and benefits planning for disabled beneficiaries including the program under section 1382h of this title, the plans for achieving self-support program (PASS), and any other Federal or State work incentives programs that are designed to assist disabled beneficiaries, including educational agencies that provide information and assistance regarding rehabilitation, school-to-work programs, transition services (as defined in, and provided in accordance with, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)), a one-stop delivery system established under section 3151(e) of title 29, and other services.

(b) Conditions
(1) Selection of entities
(A) Application

An entity shall submit an application for a grant, cooperative agreement, or contract to provide benefits planning and assistance to the Commissioner at such time, in such manner, and containing such information as the Commissioner may determine is necessary to meet the requirements of this section.

(B) Statewideness

The Commissioner shall ensure that the planning, assistance, and information described in paragraph (2) shall be available on a statewide basis.

(C) Eligibility of States and private organizations
(i) In general

The Commissioner may award a grant, cooperative agreement, or contract under this section to a State or a private agency or organization (other than Social Security Administration Field Offices and the State agency administering the State medicaid program under subchapter XIX, including any agency or entity described in clause (ii), that the Commissioner determines is qualified to provide the planning, assistance, and information described in paragraph (2)).

(ii) Agencies and entities described

The agencies and entities described in this clause are the following:

(I)

Any public or private agency or organization (including Centers for Independent Living established under title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796 et seq.), protection and advocacy organizations, client assistance programs established in accordance with section 112 of the Rehabilitation Act of 1973 (29 U.S.C. 732), and State Developmental Disabilities Councils established in accordance with section 6024 2 of this title) that the Commissioner determines satisfies the requirements of this section.

(II)

The State agency administering the State program funded under part A of subchapter IV.

(D) Exclusion for conflict of interest

The Commissioner may not award a grant, cooperative agreement, or contract under this section to any entity that the Commissioner determines would have a conflict of interest if the entity were to receive a grant, cooperative agreement, or contract under this section.

(2) Services provided

A recipient of a grant, cooperative agreement, or contract to provide benefits planning and assistance shall select individuals who will act as planners and provide information, guidance, and planning to disabled beneficiaries on the—

(A)

availability and interrelation of any Federal or State work incentives programs designed to assist disabled beneficiaries that the individual may be eligible to participate in;

(B)

adequacy of any health benefits coverage that may be offered by an employer of the individual and the extent to which other health benefits coverage may be available to the individual; and

(C)

availability of protection and advocacy services for disabled beneficiaries and how to access such services.

(3) Amount of grants, cooperative agreements, or contracts
(A) Based on population of disabled beneficiaries

Subject to subparagraph (B), the Commissioner shall award a grant, cooperative agreement, or contract under this section to an entity based on the percentage of the population of the State where the entity is located who are disabled beneficiaries.

(B) Limitations
(i) Per grant

No entity shall receive a grant, cooperative agreement, or contract under this section for a fiscal year that is less than $50,000 or more than $300,000.

(ii) Total amount for all grants, cooperative agreements, and contracts

The total amount of all grants, cooperative agreements, and contracts awarded under this section for a fiscal year may not exceed $23,000,000.

(4) Funding
(A) Allocation of costs

The costs of carrying out this section shall be paid from amounts made available for the administration of subchapter II and amounts made available for the administration of subchapter XVI, and shall be allocated among those amounts as appropriate.

(B) Carryover

An amount not in excess of 10 percent of the total amount obligated through a grant, cooperative agreement, or contract awarded under this section for a fiscal year to a State or a private agency or organization shall remain available for obligation to such State or private agency or organization until the end of the succeeding fiscal year. Any such amount remaining available for obligation during such succeeding fiscal year shall be available for providing benefits planning and assistance only for individuals who are within the caseload of the recipient of the grant, agreement, or contract as of immediately before the beginning of such fiscal year.

(c) Annual report

Each entity awarded a grant, cooperative agreement, or contract under this section shall submit an annual report to the Commissioner on the benefits planning and assistance provided to individuals under such grant, agreement, or contract.

(d) Definitions

In this section:

(1) Commissioner

The term “Commissioner” means the Commissioner of Social Security.

(2) Disabled beneficiary

The term “disabled beneficiary” means an individual—

(A)

who is a disabled beneficiary as defined in section 1320b–19(k)(2) of this title;

(B)

who is receiving a cash payment described in section 1382e(a) of this title or a supplementary payment described in section 212(a)(3) of Public Law 93–66 (without regard to whether such payment is paid by the Commissioner pursuant to an agreement under section 1382e(a) of this title or under section 212(b) of Public Law 93–66);

(C)

who, pursuant to section 1382h(b) of this title, is considered to be receiving benefits under subchapter XVI of this chapter; or

(D)

who is entitled to benefits under part A of subchapter XVIII of this chapter by reason of the penultimate sentence of section 426(b) of this title.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section $23,000,000 for each of the fiscal years 2000 through 2011.

Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1149, as added Pub. L. 106–170, title I, § 121, Dec. 17, 1999, 113 Stat. 1887; amended Pub. L. 108–203, title IV, §§ 404(a)(1), 407(a), Mar. 2, 2004, 118 Stat. 525, 527; Pub. L. 111–63, § 2, Sept. 18, 2009, 123 Stat. 2001; Pub. L. 111–280, §§ 2(a), 3(a), (b)(1), Oct. 13, 2010, 124 Stat. 2903; Pub. L. 113–128, title V, § 512(dd)(3), July 22, 2014, 128 Stat. 1718.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 106-170 · 113 Stat. 1887
  • 2004Amended · Pub. L. 108-203 · 118 Stat. 525, 527
  • 2009Amended · Pub. L. 111-63 · 123 Stat. 2001
  • 2010Amended · Pub. L. 111-280 · 124 Stat. 2903
  • 2014Amended · Pub. L. 113-128 · 128 Stat. 1718

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-170 on 1935-08-14.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case