Page:United States Statutes at Large Volume 86.djvu/1509

 86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

meaning as when used in chapter 1 of the Internal Revenue Code of 1954. "Limitation on Eligibility of Certain Individuals

1467 26 USC 1 et

" (e)(1)(A) Except as provided in subparagraph (B), no person shall be an eligible individual or eligible spouse for purposes of this title with respect to any month if throughout such month he is an inmate of a public institution. " (B) In any case where an eligible individual or his eligible spouse (if any) is, throughout any month, in a hospital, extended care facility, nursing home, or intermediate care facility receiving payments (with respect to such individual or spouse) under a State plan approved under title X IX, the benefit under this title for such indi- '•2 USC 1396. vidual for such month shall be payable— " (i) at a rate not in excess of $300 per year (reduced by the amount of any income not excluded pursuant to section 1612(b)) in the case of an individual who does not have an eligible spouse; "(ii) at a rate not in excess of the sum of the applicable rate specified in subsection (b)(1) and the rate of $300 per year (reduced by the amount of any income not excluded pursuant to section 1612(b)) in the case of an individual who has an eligible .; spouse, if only one of them is in such a hospital, home, or facility throughout such month; and "(iii) at a rate not in excess of $600 per year (reduced by the amount of any income not excluded pursuant to section 1612(b)) in the case of an individual who has an eligible spouse, if both of them are in such a hospital, home, or facility throughout such month. "(2) No person shall be an eligible individual or eligible spouse for purposes of this title if, after notice to such person by the Secretary that it is likely that such person is eligible for any payments of the type enumerated in section 1 6 1 2 (a)(2)(B), such person fails within 30 days to take all appropriate steps to apply for and (if eligible) obtain any such payments. "(3)(A) No person who is an aged, blind, or disabled individual solely by reason of disability (as determined under section 1614(a) (3)) shall be an eligible individual or eligible spouse for purposes of this title with respect to any month if such individual is medically determined to be a drug addict or an alcoholic unless such individual is undergoing any treatment that may be appropriate for his condition as a drug addict or alcoholic (as the case may be) at an institution or facility approved for purposes of this paragraph by the Secretary (so lon^ as such treatment is available) and demonstrates that ho is complying with the terms, conditions, and requirements of such treatment and with requirements imposed by the Secretary under subparagraph (B). " (B) The Secretary shall provide for the monitoring and testing of all individuals who are receiving benefits under this title and who as a condition of such benefits are required to be undergoing treatment and complying with the terms, conditions, and requirements ^^ thereof as described in subparagraph (A), in order to assure such compliance and to determine the extent to which the imposition of such requirement is contributing to the achievement of the purposes of this title. The Secretary shall annually submit to the Congress ^ f ^* " *° ^°"' ^^ f " * gress. a full and complete report on his activities under this paragraph.

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