Page:United States Statutes at Large Volume 108 Part 2.djvu/788

 108 STAT. 1504 PUBLIC LAW 103-296—AUG. 15, 1994 Regulations. 42 USC 1382 note. 42 USC 1382 note. 42 USC 1383c. "(V) In the case of an individual who would be eligible for benefits under this title by reason of disability but for termination of such benefits under clause (iv) or (v), the individual shall be eligible for payment of past-due benefits under this clause as if the individual continued to be eligible for such terminated benefits. "(VI) Subclause (I) shall not apply to payments under section 1631(g).". (B) REFERRAL, MONITORING, AND TREATMENT. — (i) IN GENERAL.—Section 1611(e)(3)(B) of such Act (42 U.S.C. 1382(e)(3)(B)) is amended— (I) by inserting "(i)" after "(B)"; (II) by striking the 2nd sentence; and (III) by adding after and below the end the following: "(ii) The Secretary, in consultation with drug and alcohol treatment professionals, shall issue regulations— "(I) defining appropriate treatment for alcoholics and drug addicts who are subject to required appropriate substance abuse treatment under this subparagraph; and "(II) establishing guidelines to be used to review and evaluate their compliance, including measures of the progress expected to be achieved by participants in such programs. "(iii)(I) For purposes of carrying out the requirements of clauses (i) and (ii), the Secretary shall provide for the establishment of 1 or more referral and monitoring agencies for each State. "(II) Each referral and monitoring agency for a State shall— "(aa) identify appropriate placements, for individuals residing in the State who are eligible for benefits under this title by reason of disability and with respect to whom alcoholism or drug addiction is a contributing factor material to the Sec- • retary's determination that they are disabled, where they may obtain treatment described in subparagraph (A)(ii)(I); "(bb) refer such individuals to such placements for such treatment; and "(cc) monitor compliance with the requirements of subparagraph (A) by individuals who are referred by the agency to such placements, and promptly report to the Secretary any failure to comply with such requirements.". (ii) REPORT.— Not later than December 31, 1996, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a full and complete report on the Secretary's activities under section 1611(e)(3)(B) of the Social Security Act. The report shall include the number and percentage of individuals referred to in such paragraph who have not received regular drug testing since the effective date of the amendments made by clause (i) of this subparagraph. (C) SUNSET OF 36-MONTH RULE.— Section 1611(e)(3)(A)(v) of the Social Security Act (added by subparagraph (A) of this paragraph) shall cease to be effective with respect to benefits for months after September 2004. (D) PRESERVATION OF MEDICAID BENEFITS.—Section 1634 of such Act (42 U.S.C. 13283c) is amended by adding at the end the following:

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