POMS Reference

This change was made on Jan 4, 2018. See latest version.
Text removed
Text added

SL 40001.401: State Enabling Legislation and Negotiation with SSA

changes
*
  • Effective Dates: 12/10/2003 - Present
  • Effective Dates: 01/03/2018 - Present
  • BASIC (12-03)
  • TN 9 (01-18)
  • SL 40001.401 State Enabling Legislation
  • SL 40001.401 State Enabling Legislation and Negotiation with SSA
  • There must be authority under State law for a State to enter into a Section 218 Agreement with the Commissioner of Social Security to extend coverage under the agreement, carry out the provisions of the agreement, and permit modifications to the agreement. Such authority is usually provided by specific enabling legislation. All States have enacted enabling legislation to enter into agreements.
  • A. State authority
  •  
  • There must be authority under State law to enter into a Section 218 Agreement with the Commissioner of Social Security to
  • * extend coverage under the agreement,
  • * carry out the provisions of the agreement, and
  • * permit modifications to the agreement.
  • The State enabling legislation must authorize all provisions contained in the State’s Section 218 Agreement. It must provide for the election of optional exclusions or state these exclusions are not permitted. If optional exclusions are permitted, it must specify whether such exclusions may be exercised by individual coverage groups or whether such optional exclusions will mandatorily apply to all coverage groups included under the State's agreement.
  • Specific enabling legislation provides such authority.
  •  
  • B. Specific enabling legislation
  • At the State’s request, SSA will assist the State in conforming the State’s enabling legislation with the provisions of Federal law. Requests for assistance should be directed to the PSSO.
  • All States have enacted enabling legislation to enter into agreements.
  • The State enabling legislation must
  • * authorize all provisions in the Section 218 Agreement;
  • * provide the election of optional exclusions or state the exclusions not permitted;
  • * specify whether optional exclusions may be exercised by individual coverage groups or mandatorily apply to all coverage groups included under the State's agreement.
  • At the State’s request, SSA will assist in conforming the State’s enabling legislation with the provisions of Federal law. Direct requests for assistance to the Regional Office (RO).