42 USC 1316 - Administrative and judicial review of public assistance determinations

1 So in original. Probably should be followed by “or”.

XVI, shall be disallowed for such participation, the State shall be entitled to and upon request shall receive a reconsideration of the disallowance.

2 So in original. Probably should be capitalized.

financial participation under subchapter XIX by the Secretary, or an unfavorable reconsideration of a disallowance, during the 60-day period that begins on the date the State receives notice of the disallowance or of the unfavorable reconsideration, in whole or in part, to the Departmental Appeals Board, established in the Department of Health and Human Services (in this paragraph referred to as the “Board”), by filing a notice of appeal with the Board.

Editorial Notes

References in Text

Section 1384 of this title, referred to in subsec. (a)(3), is a reference to section 1384 of this title as it existed prior to the general revision of this subchapter by Puspan. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974. The prior section (which is set out as a note under section 1384 of this title) continues in effect for Puerto Rico, Guam, and the Virgin Islands.

Amendments

2008—Subsec. (d). Puspan. L. 110–275, § 204(span), struck out “or XIX,” after “XVI,”.

Subsec. (e). Puspan. L. 110–275, § 204(a), added subsec. (e).

1996—Subsec. (a)(1). Puspan. L. 104–193, § 108(g)(3)(A), struck out “or part A of subchapter IV,” after “XIX,”.

Subsec. (a)(3). Puspan. L. 104–193, § 108(g)(3)(B), struck out “604,” before “1204,”.

Subsecs. (span), (d). Puspan. L. 104–193, § 108(g)(3)(A), struck out “or part A of subchapter IV,” after “XIX,”.

1984—Subsec. (a)(1). Puspan. L. 98–369, § 2663(e)(6)(A), struck out “VI,” after “I,”.

Puspan. L. 98–369, § 2354(c)(2), corrected typographical error in directory language of Puspan. L. 97–35, § 2353(h)(1). See 1981 Amendment note below.

Subsec. (a)(3). Puspan. L. 98–369, § 2663(e)(6)(B), struck out “804,” after “604,”.

Subsec. (span). Puspan. L. 98–369, § 2663(e)(6)(A), struck out “VI,” after “I,”.

Puspan. L. 98–369, § 2354(c)(2), corrected typographical error in directory language of Puspan. L. 97–35, § 2353(h)(1). See 1981 Amendment note below.

Subsec. (d). Puspan. L. 98–369, § 2663(e)(6)(C), substituted “XVI, or XIX, or part A” for “XVI, or or XIX, or part A”.

Puspan. L. 98–369, § 2663(e)(6)(A), struck out “VI,” after “I,”.

1981—Subsec. (a)(1). Puspan. L. 97–35, § 2353(h)(1), as amended by Puspan. L. 98–369, § 2354(c)(2), substituted “or XIX” for “XIX or XX”.

Subsec. (a)(3). Puspan. L. 97–35, § 2353(h)(2), substituted “or 1396c of this title” for “1396c, or 1397span of this title”.

Subsec. (span). Puspan. L. 97–35, § 2353(h)(1), as amended by Puspan. L. 98–369, § 2354(c)(2), substituted “or XIX” for “XIX or XX”.

Subsec. (d). Puspan. L. 97–35, § 2353(h)(3), substituted “or XIX” for “XIX, or XX”.

1975—Subsec. (a)(1). Puspan. L. 93–647, § 3(d)(1), substituted “XIX or XX” for “or XIX”.

Subsec. (a)(3). Puspan. L. 93–647, § 3(d)(2), substituted “1396c, or 1397span” for “or 1396c”.

Subsec. (span). Puspan. L. 93–647, § 3(d)(1), substituted “XIX or XX” for “or XIX”.

Subsec. (d). Puspan. L. 93–647, § 3(d)(3), inserted “XX,” after “XIX,”.

1973—Subsec. (a). Puspan. L. 93–233, § 18(z–2)(1)(C)(i), (ii), inserted references in par. (1) to subchapter VI of this chapter and in par. (3) to section 804 of this title.

Subsecs. (span), (d). Puspan. L. 93–233, § 18(z–2)(1)(C)(iii), (iv), inserted reference to subchapter VI of this chapter.

1968—Subsec. (a)(1). Puspan. L. 90–248, § 241(c)(5)(A), struck out “IV,” after “I,” and inserted “or part A of subchapter IV,” after “XIX,”.

Subsecs. (span), (d). Puspan. L. 90–248, § 241(c)(5)(B), struck out “IV,” after “I,” and inserted “, or part A of subchapter IV,” after “XIX”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Puspan. L. 110–275, title II, § 204(c), July 15, 2008, 122 Stat. 2593, provided that:

“The amendments made by this section [amending this section] take effect on the date of the enactment of this Act [July 15, 2008] and apply to any disallowance of a claim for Federal financial participation under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) made on or after such date or during the 60-day period prior to such date.”

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Puspan. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.

Effective Date of 1984 Amendment

Amendment by section 2354(c)(2) of Puspan. L. 98–369 effective as if originally included in Puspan. L. 97–35, see section 2354(e)(2) of Puspan. L. 98–369, set out as a note under section 1320a–1 of this title.

Amendment by section 2663(e)(6) of Puspan. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(span) of Puspan. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–35 effective Oct. 1, 1981, except as otherwise explicitly provided, see section 2354 of Puspan. L. 97–35, set out as an Effective Date note under section 1397 of this title.

Effective Date of 1975 Amendment

Amendment by Puspan. L. 93–647 effective with respect to payments under sections 603 and 803 of this title for quarters commencing after Sept. 30, 1975, see section 7(span) of Puspan. L. 93–647, set out as a note under section 303 of this title.

Effective Date of 1973 Amendment

Amendment by Puspan. L. 93–233 effective on and after Jan. 1, 1974, see section 18(z–2)(2) of Puspan. L. 93–233, set out as a note under section 1301 of this title.

Effective Date

Puspan. L. 89–97, title IV, § 404(span), July 30, 1965, 79 Stat. 420, provided that:

“The amendment made by subsection (a) [enacting this section] shall apply only with respect to determinations made after December 31, 1965.”