Source
(Aug. 14, 1935, ch. 531, title XIX, § 1925, as added Pub. L. 100–485, title III, § 303(a)(1), Oct. 13, 1988, 102 Stat. 2385; amended Pub. L. 100–647, title VIII, § 8436(a), Nov. 10, 1988, 102 Stat. 3805; Pub. L. 101–239, title VI, § 6411(i)(1), (3), Dec. 19, 1989, 103 Stat. 2273; Pub. L. 101–508, title IV, §§ 4601(a)(3)(B),
4716
(a), Nov. 5, 1990, 104 Stat. 1388–167, 1388–192; Pub. L. 104–193, title I, § 114(c), Aug. 22, 1996, 110 Stat. 2180; Pub. L. 105–33, title IV, §§ 4701(b)(2)(A)(ix), (D),
4703
(b)(2), Aug. 5, 1997, 111 Stat. 493, 495; Pub. L. 106–113, div. B, § 1000(a)(6) [title VI, § 608(t)], Nov. 29, 1999, 113 Stat. 1536, 1501A–398; Pub. L. 106–554, § 1(a)(6) [title VII, § 707(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–577; Pub. L. 108–40, § 7(a), June 30, 2003, 117 Stat. 837.)
References in Text
Part A of subchapter IV of this chapter, referred to in text, is classified to section
601 et seq. of this title.
Section
602 of this title, referred to in subsecs. (a)(1) and (b)(3)(A), was repealed and a new section
602 enacted by
Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996,
110 Stat. 2112, and, as so enacted, no longer contains a subsec. (a)(8)(B)(ii)(II) or (a)(9).
Paragraph (21) of section
1396d
(a) of this title, referred to in subsec. (b)(4)(B), was redesignated paragraph (22) by
Pub. L. 101–239, title VI, § 6405(a)(2), Dec. 19, 1989,
103 Stat. 2265.
Prior Provisions
A prior section 1925 of act Aug. 14, 1935, was renumbered section
1939 and is classified to section
1396v of this title.
Amendments
2003—Subsec. (f).
Pub. L. 108–40 substituted “2003” for “2002”.
2000—Subsec. (f).
Pub. L. 106–554 substituted “2002” for “2001”.
1999—Subsec. (a)(3)(C).
Pub. L. 106–113, § 1000(a)(6) [title VI, § 608(t)(1)], substituted “(i)(VI), (i)(VII),” for “(i)(VI)(i)(VII),,”.
Subsec. (b)(3)(C)(i).
Pub. L. 106–113, § 1000(a)(6) [title VI, § 608(t)(2)], which directed substitution of “(i)(IV), (i)(VI), (i)(VII),” for “(i)(IV) (i)(VI) (i)(VII),,”, was executed by making the substitution for “(i)(IV), (i)(VI) (i)(VII),,” to reflect the probable intent of Congress.
1997—Subsec. (b)(4)(D)(iv).
Pub. L. 105–33, § 4703(b)(2), struck out “less than 50 percent of the membership (enrolled on a prepaid basis) of which consists of individuals who are eligible to receive benefits under this subchapter (other than because of the option offered under this clause). The option of enrollment under this clause is in addition to, and not in lieu of, any enrollment option that the State might offer under subparagraph (A)(i) with respect to receiving services through a medicaid managed care organization in accordance with section
1396b
(m) of this title and the applicable requirements of section
1396u–2 of this title” after “(as defined in section
1396b
(m)(1)(A) of this title)”.
Pub. L. 105–33, § 4701(b)(2)(A)(ix), substituted “medicaid managed care organization” for “health maintenance organization” in two places.
Pub. L. 105–33, § 4701(b)(2)(D), substituted “medicaid managed care organization” for “HMO” in heading and inserted “and the applicable requirements of section
1396u–2 of this title” before period at end of text.
1996—Subsec. (f).
Pub. L. 104–193 substituted “2001” for “1998”.
1990—Subsec. (a)(3)(C).
Pub. L. 101–508, § 4601(a)(3)(B), inserted “(i)(VII),” after “(i)(VI)”.
Subsec. (b)(2)(B)(i).
Pub. L. 101–508, § 4716(a)(1), which directed amendment of subsection (f) of this section in subsection (b)(2)(B)(i) by inserting at the end “A State may permit such additional extended assistance under this subsection notwithstanding a failure to report under this clause if the family has established, to the satisfaction of the State, good cause for the failure to report on a timely basis.”, was executed by making the insertion at the end of subsec. (b)(2)(B)(i) to reflect the probable intent of Congress.
Subsec. (b)(2)(B)(iii).
Pub. L. 101–508, § 4716(a)(2), which directed amendment of subsection (f) of this section in subsection (b)(2)(B) by adding cl. (iii) at the end, was executed by adding cl. (iii) at the end of subsec. (b)(2)(B) to reflect the probable intent of Congress.
Subsec. (b)(3)(B).
Pub. L. 101–508, § 4716(a)(3), which directed amendment of subsection (f) of this section in subsection (b)(3)(B) by inserting at the end “No such termination shall be effective earlier than 10 days after the date of mailing of such notice.”, was executed by making the insertion at the end of subsec. (b)(3)(B) to reflect the probable intent of Congress.
Subsec. (b)(3)(C)(i).
Pub. L. 101–508, § 4601(a)(3)(B), inserted “(i)(VII),” after “(i)(VI)”.
1989—Subsec. (a)(3)(A).
Pub. L. 101–239, § 6411(i)(1), substituted “a child, whether or not the child is” for “a child who is”.
Subsec. (a)(3)(C).
Pub. L. 101–239, § 6411(i)(3), substituted “of section
1396d
(a) of this title or clause (i)(IV), (i)(VI), or (ii)(IX) of section
1396a
(a)(10)(A) of this title” for “or (v) of section
1396d
(a) of this title”.
Subsec. (b)(3)(A)(i).
Pub. L. 101–239, § 6411(i)(1), substituted “a child, whether or not the child is” for “a child who is”.
Subsec. (b)(3)(C)(i).
Pub. L. 101–239, § 6411(i)(3), substituted “of section
1396d
(a) of this title or clause (i)(IV), (i)(VI), or (ii)(IX) of section
1396a
(a)(10)(A) of this title” for “or (v) of section
1396d
(a) of this title”.
1988—Subsec. (b)(5)(C).
Pub. L. 100–647, which directed the amendment of subsec. (d)(5)(C) by inserting “(less the average monthly costs for such child care as is necessary for the employment of the caretaker relative)” after “gross monthly earnings”, was executed to subsec. (b)(5)(C) to reflect the probable intent of Congress.
Effective Date of 2003 Amendment
Amendment by
Pub. L. 108–40 effective July 1, 2003, see section 8 of
Pub. L. 108–40, set out as a note under section
603 of this title.
Effective Date of 1997 Amendment
Amendment by section 4701(b)(2)(A)(ix), (D) of
Pub. L. 105–33 effective Aug. 5, 1997, and applicable to contracts entered into or renewed on or after Oct. 1, 1997, see section 4710(a) of
Pub. L. 105–33, set out as a note under section
1396b of this title.
Amendment by section 4703(b)(2) of
Pub. L. 105–33 applicable to contracts under section
1396b
(m) of this title on and after June 20, 1997, subject to provisions relating to extension of effective date for State law amendments, and to nonapplication to waivers, see section 4710(b)(2) of
Pub. L. 105–33, set out as a note under section
1396b of this title.
Effective Date of 1996 Amendment
Amendment by
Pub. 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
Pub. L. 104–193, as amended, set out as an Effective Date note under section
601 of this title.
Effective Date of 1990 Amendment
Amendment by section 4601(a)(3)(B) of
Pub. L. 101–508 applicable, except as otherwise provided, to payments under this subchapter for calendar quarters beginning on or after July 1, 1991, without regard to whether or not final regulations to carry out the amendments by section 4601 of
Pub. L. 101–508 have been promulgated by such date, see section 4601(b) of
Pub. L. 101–508, set out as a note under section
1396a of this title.
Section 4716(b) of
Pub. L. 101–508 provided that: “The amendments made by subsection (a) [amending this section] shall be effective as if included in the enactment of the Family Support Act of 1988 [
Pub. L. 100–485].”
Effective Date of 1989 Amendment
Section 6411(i)(4) of
Pub. L. 101–239 provided that: “The amendments made by this subsection [amending this section and provisions set out as a note under section
602 of this title] shall be effective as if included in the enactment of the Family Support Act of 1988 [
Pub. L. 100–485].”
Effective Date of 1988 Amendment
Section 8436(b) of
Pub. L. 100–647 provided that: “The amendment made by subsection (a) [amending this section] shall be effective as if included in the enactment of the Family Support Act of 1988 [
Pub. L. 100–485].”
Effective Date
Section applicable to payments under this subchapter for calendar quarters beginning on or after Apr. 1, 1990 (or, in the case of the Commonwealth of Kentucky, Oct. 1, 1990) (without regard to whether implementing regulations are promulgated by that date), with respect to families that cease to be eligible for aid under part A of subchapter IV of this chapter on or after that date, see section 303(f)(1) of
Pub. L. 100–485, set out as an Effective Date of 1988 Amendment note under section
1396a of this title.
References to Provisions of Part A of Subchapter IV Considered References to Such Provisions as in Effect July 16, 1996
For provisions that certain references to provisions of part A (§ 601 et seq.) of subchapter IV of this chapter be considered references to such provisions of part A as in effect July 16, 1996, see section
1396u–1
(a) of this title.
Study and Report to Congress on Impact of Medicaid Extension Provisions
Section 303(c) of
Pub. L. 100–485 directed Secretary of Health and Human Services to conduct a study of impact of medicaid extension provisions under this section, with particular focus on costs of such provisions and impact on welfare dependency, and report to Congress on results of such study not later than Apr. 1, 1993.