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42 U.S.C. § 1354 — Operation of State plans

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 229 words · no verdicts yet

in plain englishAI-generated · not legal advice

HHS may stop or limit payments to a State whose approved disability-aid plan imposes forbidden residence or citizenship rules or substantially fails to follow required provisions. Payments resume when the problem is corrected.

After reasonable notice and a hearing opportunity for the State agency, if HHS finds that an approved plan (1) was changed to impose a residence or citizenship requirement forbidden by section 1352(b), or the agency knowingly imposes one in many cases, or (2) is not substantially complying with a provision required by section 1352(a), HHS must notify the agency that payments will stop, or may limit them to unaffected categories or parts, until the problem ends. Until satisfied, HHS must stop or so limit payments.
the actual law source: uscode.house.gov ↗public domain

In the case of any State plan for aid to the permanently and totally disabled 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 1352(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 1352(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 he 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 XIV, § 1404, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 557; amended 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 · 64 Stat. 557
  • 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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