Title 42 — The Public Health and WelfareRelease 119-73
§1382g Payments to State for operation of supplementation program
Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER XVI— - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND DISABLED › Part Part A— - Determination of Benefits › § 1382g
Summary
To get federal Medicaid payments, a State that starts giving extra payments to certain Supplemental Security Income (SSI) recipients on or after June 30, 1977 must keep making those extra payments and keep them at least as high as they were in December 1976 (or the first month after that when the State did pay). The Social Security Commissioner will not say the State failed this rule if the State’s spending on those extras in the 12 months that begin when SSI federal benefits go up is not less than its spending in the previous 12 months. The State can make one one-time choice to ignore retroactive extra payments tied to the retroactive SSI payments required by section 5041 of the Omnibus Budget Reconciliation Act of 1990 when making that 12-month comparison. There are special timing and alternative tests. A State that used the 12-month test and met the rule after June 30, 1982 can choose to use the December in the prior 12-month period as the baseline later. For the period July 1, 1980 through June 30, 1981 the comparison is made to July 1, 1976 through June 30, 1977 (or to the first later 12-month period when payments were made). For months after March 1983 a State not covered by the 12-month test meets the rule only if the State’s supplements plus certain other benefit amounts for that month are at least the March 1983 combined level increased by all cost-of-living boosts that happened after March 1983. A specific technical rule treats part of one 1983 increase as if it were a July 1983 cost-of-living boost. For 1984–1985, a State is safe if in 1986 its supplement levels (except for one special recipient group) are no less than December 1976 levels increased by the same percentage that certain federal payments rose from December 1976 through February 1986. For payments that began on or after October 1, 1987 to a special group of recipients, the State must keep combined monthly amounts (starting July 1988) at least equal to the October 1987 combined level (or the first month paid) plus $5 in some cases and $10 in others, depending on the recipient category.
Full Legal Text
Title 42, §1382g
The Public Health and Welfare — Source: USLM XML via OLRC
(a)In order for any State which makes supplementary payments of the type described in section 1382e(a) of this title (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66), on or after June 30, 1977, to be eligible for payments pursuant to subchapter XIX with respect to expenditures for any calendar quarter which begins—
(1)after June 30, 1977, or, if later,
(2)after the calendar quarter in which it first makes such supplementary payments,
(3)continue to make such supplementary payments, and
(4)maintain such supplementary payments at levels which are not lower than the levels of such payments in effect in December 1976, or, if no such payments were made in that month, the levels for the first subsequent month in which such payments were made.
(b)(1)The Commissioner of Social Security shall not find that a State has failed to meet the requirements imposed by paragraph (4) of subsection (a) with respect to the levels of its supplementary payments for a particular month or months if the State’s expenditures for such payments in the twelve-month period (within which such month or months fall) beginning on the effective date of any increase in the level of supplemental security income benefits pursuant to section 1382f of this title are not less than its expenditures for such payments in the preceding twelve-month period.
(2)For purposes of determining under paragraph (1) whether a State’s expenditures for supplementary payments in the 12-month period beginning on the effective date of any increase in the level of supplemental security income benefits are not less than the State’s expenditures for such payments in the preceding 12-month period, the Commissioner of Social Security, in computing the State’s expenditures, shall disregard, pursuant to a 1-time election of the State, all expenditures by the State for retroactive supplementary payments that are required to be made in connection with the retroactive supplemental security income benefits referred to in section 5041 of the Omnibus Budget Reconciliation Act of 1990.
(c)Any State which satisfies the requirements of this section solely by reason of subsection (b) for a particular month or months in any 12-month period (described in such subsection) ending on or after June 30, 1982, may elect, with respect to any month in any subsequent 12-month period (so described), to apply subsection (a)(4) as though the reference to December 1976 in such subsection were a reference to the month of December which occurred in the 12-month period immediately preceding such subsequent period.
(d)The Commissioner of Social Security shall not find that a State has failed to meet the requirements imposed by paragraph (4) of subsection (a) with respect to the levels of its supplementary payments for any portion of the period July 1, 1980, through June 30, 1981, if the State’s expenditures for such payments in that twelve-month period were not less than its expenditures for such payments for the period July 1, 1976, through June 30, 1977 (or, if the State made no supplementary payments in the period July 1, 1976, through June 30, 1977, the expenditures for the first twelve-month period extending from July 1 through June 30 in which the State made such payments).
(e)(1)For any particular month after March 1983, a State which is not treated as meeting the requirements imposed by paragraph (4) of subsection (a) by reason of subsection (b) shall be treated as meeting such requirements if and only if—
(A)the combined level of its supplementary payments (to recipients of the type involved) and the amounts payable (to or on behalf of such recipients) under section 1382(b) of this title and section 211(a)(1)(A) of Public Law 93–66, for that particular month,
(B)the combined level of its supplementary payments (to recipients of the type involved) and the amounts payable (to or on behalf of such recipients) under section 1382(b) of this title and section 211(a)(1)(A) of Public Law 93–66, for March 1983, increased by the amount of all cost-of-living adjustments under section 1382f of this title (and any other benefit increases under this subchapter) which have occurred after March 1983 and before that particular month.
(2)In determining the amount of any increase in the combined level involved under paragraph (1)(B) of this subsection, any portion of such amount which would otherwise be attributable to the increase under section 1382f(c) of this title shall be deemed instead to be equal to the amount of the cost-of-living adjustment which would have occurred in July 1983 (without regard to the 3-percent limitation contained in section 415(i)(1)(B) of this title) if section 111 of the Social Security Amendments of 1983 had not been enacted.
(f)The Commissioner of Social Security shall not find that a State has failed to meet the requirements imposed by subsection (a) with respect to the levels of its supplementary payments for the period January 1, 1984, through December 31, 1985, if in the period January 1, 1986, through December 31, 1986, its supplementary payment levels (other than to recipients of benefits determined under section 1382(e)(1)(B) of this title) are not less than those in effect in December 1976, increased by a percentage equal to the percentage by which payments under section 1382(b) of this title and section 211(a)(1)(A) of Public Law 93–66 have been increased as a result of all adjustments under section 1382f(a) and (c) of this title which have occurred after December 1976 and before February 1986.
(g)In order for any State which makes supplementary payments of the type described in section 1382e(a) of this title (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66) to recipients of benefits determined under section 1382(e)(1)(B) of this title, on or after October 1, 1987, to be eligible for payments pursuant to subchapter XIX with respect to any calendar quarter which begins—
(1)after October 1, 1987, or, if later
(2)after the calendar quarter in which it first makes such supplementary payments to recipients of benefits so determined,
(3)continue to make such supplementary payments to recipients of benefits so determined, and
(4)maintain such supplementary payments to recipients of benefits so determined at levels which assure (with respect to any particular month beginning with July 1988) that—
(A)the combined level of such supplementary payments and the amounts payable to or on behalf of such recipients under section 1382(e)(1)(B) of this title for that particular month,
(B)the combined level of such supplementary payments and the amounts payable to or on behalf of such recipients under section 1382(e)(1)(B) of this title for October 1987 (or, if no such supplementary payments were made for that month, the combined level for the first subsequent month for which such payments were made), increased—
(i)in a case to which clause (i) of such section 1382(e)(1)(B) of this title applies or (with respect to the individual or spouse who is in the hospital, home, or facility involved) to which clause (ii) of such section applies, by $5, and
(ii)in a case to which clause (iii) of such section 1382(e)(1)(B) of this title applies, by $10.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 211(a)(1)(A) and 212(a) of Public Law 93–66, referred to in subsecs. (a), (e)(1), (f), and (g), are section 211(a)(1)(A) and 212(a) of Pub. L. 93–66, title II, July 9, 1973, 87 Stat. 154, 155, which are set out as notes under section 1382 of this title. section 5041 of the Omnibus Budget Reconciliation Act of 1990, referred to in subsec. (b)(2), is section 5041 of Pub. L. 101–508, title V, Nov. 5, 1990, 104 Stat. 1388–227, which is not classified to the Code. section 111 of the Social Security
Amendments
of 1983, referred to in subsec. (e)(2), is section 111 of Pub. L. 98–21, title I, Apr. 20, 1983, 97 Stat. 72, which amended section 402, 403, 415, and 430 of this title and enacted provisions set out as notes under section 402 and 415 of this title and section 5123 of Title 38, Veterans’ Benefits.
Amendments
1994—Subsec. (a). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”. Subsec. (b). Pub. L. 103–296, § 209(a), designated existing provisions as par. (1) and added par. (2). Pub. L. 103–296, § 107(a)(4), in subsec. (b) as amended by Pub. L. 103–296, § 209(a), substituted “Commissioner of Social Security” for “Secretary” in two places. Subsecs. (d), (f), (g). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”. 1987—Subsec. (g). Pub. L. 100–203 added subsec. (g). 1986—Subsec. (f). Pub. L. 99–272 added subsec. (f). 1984—Subsec. (d). Pub. L. 98–369, § 2663(g)(9)(A), realigned margin of subsec. (d). Pub. L. 98–369, § 2663(g)(9)(B), (C), struck out the comma after “levels of its”, and inserted a comma after “1980” and after “1976”, wherever appearing. 1983—Subsecs. (c), (d). Pub. L. 98–21 redesignated subsec. (c), added by Pub. L. 97–377, as (d). Subsec. (e). Pub. L. 98–21 added subsec. (e). 1982—Subsec. (c). Pub. L. 97–377 added subsec. (c) relating to conditions under which the Secretary shall not find that a State has failed to meet the requirements of subsec. (a)(4) of this section concerning levels of supplementary payments. Pub. L. 97–248 added subsec. (c) relating to conditions under which a State may elect to apply subsec. (a)(4) of this section.
Statutory Notes and Related Subsidiaries
Effective Date
of 1994 AmendmentAmendment by section 107(a)(4) of Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title. Pub. L. 103–296, title II, § 209(b), Aug. 15, 1994, 108 Stat. 1517, provided that: “The
Amendments
made by subsection (a) [amending this section] shall apply with respect to increases in the level of supplemental security income benefits under title XVI of the Social Security Act [this subchapter] whether occurring before, on, or after the date of the enactment of this Act [Aug. 15, 1994].”
Effective Date
of 1987 AmendmentAmendment by Pub. L. 100–203 effective July 1, 1988, see section 9119(c) of Pub. L. 100–203, set out as a note under section 1382 of this title.
Effective Date
of 1984 AmendmentAmendment by Pub. 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(b) of Pub. L. 98–369, set out as a note under section 401 of this title.
Effective Date
Pub. L. 94–585, § 2(c), Oct. 21, 1976, 90 Stat. 2902, provided that: “The provisions of this section [enacting this section and provisions set out as a note under section 1382e of this title] shall be effective with respect to benefits payable for months after June 1977.” Application to Northern Mariana IslandsFor applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as notes under section 1801 of Title 48, Territories and Insular Possessions.
Reference
Citations & Metadata
Citation
42 U.S.C. § 1382g
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73