US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1383c

Eligibility for medical assistance of aged, blind, or disabled individuals under State’s medical assistance plan

(a)

Determination by Commissioner pursuant to agreement between Commissioner and State; costs

The Commissioner of Social Security may enter into an agreement with any State which wishes to do so under which the Commissioner will determine eligibility for medical assistance in the case of aged, blind, or disabled individuals under such State’s plan approved under subchapter XIX. Any such agreement shall provide for payments by the State, for use by the Commissioner of Social Security in carrying out the agreement, of an amount equal to one-half of the cost of carrying out the agreement, but in computing such cost with respect to individuals eligible for benefits under this subchapter, the Commissioner of Social Security shall include only those costs which are additional to the costs incurred in carrying out this subchapter.

(b)

Preservation of benefit status for certain disabled widows and widowers

(1)
An eligible disabled widow or widower (described in paragraph (2)) who is entitled to a widow’s or widower’s insurance benefit based on a disability for any month under section 402(e) or (f) of this title but is not eligible for benefits under this subchapter in that month, and who applies for the protection of this subsection under paragraph (3), shall be deemed for purposes of subchapter XIX to be an individual with respect to whom benefits under this subchapter are paid in that month if he or she—
(A)
has been continuously entitled to such widow’s or widower’s insurance benefits from the first month for which the increase described in paragraph (2)(C) was reflected in such benefits through the month involved, and
(B)
section 415(i) of this title would be eligible for benefits under this subchapter in the month involved if the amount of the increase described in paragraph (2)(C) in his or her widow’s or widower’s insurance benefits, and any subsequent cost-of-living adjustments in such benefits under , were disregarded.
(2)
For purposes of paragraph (1), the term “eligible disabled widow or widower” means an individual who—
(A)
was entitled to a monthly insurance benefit under subchapter II for December 1983,
(B)
was entitled to a widow’s or widower’s insurance benefit based on a disability under section 402(e) or (f) of this title for January 1984 and with respect to whom a benefit under this subchapter was paid in that month, and
(C)
Public Law 98–21 because of the increase in the amount of his or her widow’s or widower’s insurance benefits which resulted from the amendments made by section 134 of the Social Security Amendments of 1983 () (eliminating the additional reduction factor for disabled widows and widowers under age 60), was ineligible for benefits under this subchapter in the first month in which such increase was paid to him or her (and in which a retroactive payment of such increase for prior months was not made).
(3)
This subsection shall only apply to an individual who files a written application for protection under this subsection, in such manner and form as the Commissioner of Social Security may prescribe, no later than .
(4)
section 1382e(a) of this titlesection 212(a) of Public Law 93–66 For purposes of this subsection, the term “benefits under this subchapter” includes payments of the type described in or of the type described in .
(c)

Loss of benefits upon entitlement to child’s insurance benefits based on disability

If any individual who has attained the age of 18 and is receiving benefits under this subchapter on the basis of blindness or a disability which began before he or she attained the age of 22—
(1)
section 402(d) of this title becomes entitled, on or after the effective date of this subsection, to child’s insurance benefits which are payable under on the basis of such disability or to an increase in the amount of the child’s insurance benefits which are so payable, and
(2)
ceases to be eligible for benefits under this subchapter because of such child’s insurance benefits or because of the increase in such child’s insurance benefits,
such individual shall be treated for purposes of subchapter XIX as receiving benefits under this subchapter so long as he or she would be eligible for benefits under this subchapter in the absence of such child’s insurance benefits or such increase.
(d)

Retention of medicaid when SSI benefits are lost upon entitlement to early widow’s or widower’s insurance benefits

(1)
This subsection applies with respect to any person who—
(A)
section 402 of this titlesection 402 of this title applies for and obtains benefits under subsection (e) or (f) of (or under any other subsection of if such person is also eligible for benefits under such subsection (e) or (f)) being then not entitled to hospital insurance benefits under part A of subchapter XVIII, and
(B)
section 402 of this titlesection 1382e(a) of this titlesection 212(a) of Public Law 93–66 is determined to be ineligible (by reason of the receipt of such benefits under ) for supplemental security income benefits under this subchapter or for State supplementary payments of the type described in (or payments of the type described in ).
(2)
For purposes of subchapter XIX, each person with respect to whom this subsection applies—
(A)
shall be deemed to be a recipient of supplemental security income benefits under this subchapter if such person received such a benefit for the month before the month in which such person began to receive a benefit described in paragraph (1)(A), and
(B)
section 1382e(a) of this titlesection 212(a) of Public Law 93–66 shall be deemed to be a recipient of State supplementary payments of the type referred to in (or payments of the type described in ) if such person received such a payment for the month before the month in which such person began to receive a benefit described in paragraph (1)(A),
section 212(a) of Public Law 93–66for so long as such person (i) would be eligible for such supplemental security income benefits, or such State supplementary payments (or payments of the type described in ), in the absence of benefits described in paragraph (1)(A), and (ii) is not entitled to hospital insurance benefits under part A of subchapter XVIII.

Aug. 14, 1935, ch. 531Pub. L. 92–603, title III, § 30186 Stat. 1478Pub. L. 99–272, title XII, § 12202(a)100 Stat. 290Pub. L. 99–643, § 6(a)100 Stat. 3578Pub. L. 100–203, title IX101 Stat. 1330–302Pub. L. 101–508, title V, § 5103(c)(1)104 Stat. 1388–251Pub. L. 103–296, title I, § 107(a)(4)108 Stat. 1478Pub. L. 104–121, title I, § 105(b)(4)(B)110 Stat. 854(, title XVI, § 1634, as added , , ; amended , , ; , , ; , §§ 9108, 9116(a), , , 1330–305; , , ; , title II, § 201(b)(3)(D), , , 1504; , , .)

Editorial Notes

References in Text

Public Law 98–21section 134 of Pub. L. 98–2197 Stat. 97section 402 of this titlesection 402 of this titleSection 134 of the Social Security Amendments of 1983 (), referred to in subsec. (b)(2)(C), is , title I, , , which amended and enacted provisions set out as a note under .

Section 212(a) of Public Law 93–66section 212(a) of Pub. L. 93–6687 Stat. 155section 1382 of this title, referred to in subsecs. (b)(4) and (d)(1)(B), (2), is , title II, , , which is set out as a note under .

section 10(b) of Pub. L. 99–643section 1396a of this titleThe effective date of this subsection, referred to in subsec. (c)(1), is , except as otherwise provided. See , set out as an Effective Date of 1986 Amendments note under .

Amendments

Pub. L. 104–121section 1382(e)(3)(A) of this title1996—Subsec. (e). struck out subsec. (e) which read as follows: “Each person to whom benefits under this subchapter by reason of disability are not payable for any month solely by reason of clause (i) or (v) of shall be treated, for purposes of subchapter XIX of this chapter, as receiving benefits under this subchapter for the month.”

Pub. L. 103–296, § 107(a)(4)1994—Subsecs. (a), (b)(3). , substituted “Commissioner of Social Security” for “Secretary” wherever appearing and “the Commissioner will” for “he will” in subsec. (a).

Pub. L. 103–296, § 201(b)(3)(D)Subsec. (e). , added subsec. (e).

Pub. L. 101–508section 1382(e)(2) of this titlesection 1382e(a) of this titlesection 212(a) of Public Law 93–66section 1382e(a) of this titlesection 402 of this title1990—Subsec. (d). designated existing provisions as par. (1), substituted “This subsection applies with respect to any person who—” for “If any person—” in introductory provisions, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in subpar. (A) substituted “being then not entitled” for “as required by , being then at least 60 years of age but not entitled”, in subpar. (B) substituted “ (or payments of the type described in ).” for “,” and substituted par. (2) for former concluding provisions which read as follows: “such person shall nevertheless be deemed to be a recipient of supplemental security income benefits under this subchapter for purposes of subchapter XIX of this chapter, so long as he or she (A) would be eligible for such supplemental security income benefits, or such State supplementary payments, in the absence of such benefits under , and (B) is not entitled to hospital insurance benefits under part A of subchapter XVIII of this chapter.”

Pub. L. 100–203, § 91081987—Subsec. (b)(3). , substituted “no later than ” for “during the 15-month period beginning with the month in which this subsection is enacted [April 1986]”.

Pub. L. 100–203, § 9116(a)Subsec. (d). , added subsec. (d).

Pub. L. 99–272, § 12202(a)(1)1986—Subsec. (a). , designated existing provisions as subsec. (a).

Pub. L. 99–272, § 12202(a)(2)Subsec. (b). , added subsec. (b).

Pub. L. 99–643Subsec. (c). added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–121section 105(b)(5) of Pub. L. 104–121section 1382 of this titleAmendment by applicable to any individual who applies for, or whose claim is finally adjudicated with respect to, supplemental security income benefits under this subchapter based on disability on or after , with special rule in case of any individual who has applied for, and whose claim has been finally adjudicated with respect to, such benefits before , see , set out as a note under .

Effective Date of 1994 Amendment

section 107(a)(4) of Pub. L. 103–296section 110(a) of Pub. L. 103–296section 401 of this titleAmendment by effective , see , set out as a note under .

section 201(b)(3)(D) of Pub. L. 103–296section 201(b)(3)(E)(i) of Pub. L. 103–296section 1382 of this titleAmendment by applicable with respect to supplemental security income benefits under this subchapter by reason of disability which are otherwise payable in months beginning after 180 days after , with Secretary of Health and Human Services to issue regulations necessary to carry out such amendment not later than 180 days after , see , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–508section 5103(e) of Pub. L. 101–508section 402 of this titleAmendment by applicable with respect to medical assistance provided after December 1990, see , set out as a note under .

Effective Date of 1987 Amendment

Pub. L. 100–203, title IX, § 9108101 Stat. 1330–302, , , provided that the amendment made by that section is effective .

Pub. L. 100–203, title IX, § 9116(e)101 Stat. 1330–306

section 402 of this title“The amendments made by subsection (a) [amending this section] shall apply with respect to any individual without regard to whether the determination of his or her ineligibility for supplemental security income benefits by reason of the receipt of benefits under section 202 of the Social Security Act [] (as described in section 1634(d)(2) of such Act [subsec. (d)(2) of this section]) occurred before, on, or after the date of the enactment of this Act []; but no individual shall be eligible for assistance under title XIX of such Act [subchapter XIX of this chapter] by reason of such amendments for any period before .”
, , , provided that:

Effective Date of 1986 Amendment

Pub. L. 99–643section 10(b) of Pub. L. 99–643section 1396a of this titleAmendment by effective , except as otherwise provided, see , set out as a note under .

Pub. L. 99–272, title XII, § 12202(c)100 Stat. 291

“The amendment made by subsection (a)(2) [amending this section] shall not have the effect of deeming an individual eligible for medical assistance for any month which begins less than two months after the date of the enactment of this Act [].”
, , , provided that:

Effective Date

Pub. L. 92–603, title III, § 30186 Stat. 1465, , , provided that this section is effective .

Notice of Possible Eligibility for Medicaid Assistance

Pub. L. 100–203, title IX, § 9116(b)101 Stat. 1330–306

“The Secretary of Health and Human Services, acting through the Social Security Administration, shall (within 3 months after the date of the enactment of this Act []) issue a notice to all individuals who will have attained age 60 but not age 65 as of , and who received supplemental security income benefits under title XVI of the Social Security Act [this subchapter] prior to attaining age 60 but lost those benefits by reason of the receipt of widow’s or widower’s insurance benefits (or other benefits as described in section 1634(d)(1) of that Act [subsec. (d)(1) of this section] as added by subsection (a) of this section) under title II of that Act [subchapter II of this chapter]. Each such notice shall set forth and explain the provisions of section 1634(d) of the Social Security Act (as so added), and shall inform the individual that he or she should contact the Secretary or the appropriate State agency concerning his or her possible eligibility for medical assistance benefits under such title XIX [subchapter XIX of this chapter].”
, , , provided that:

State Determinations

Pub. L. 100–203, title IX, § 9116(c)101 Stat. 1330–306

section 402 of this title“Any determination required under section 1634(d) of the Social Security Act [subsec. (d) of this section] with respect to whether an individual would be eligible for benefits under title XVI of such Act [this subchapter] (or State supplementary payments) in the absence of benefits under section 202 [] shall be made by the appropriate State agency.”
, , , provided that:

Pub. L. 99–643, § 6(b)100 Stat. 3578

“Any determination required under section 1634(c) of the Social Security Act [subsec. (c) of this section] with respect to whether an individual would be eligible for benefits under title XVI of such Act [this subchapter] in the absence of children’s benefits (or an increase thereof) shall be made by the appropriate State agency.”
, , , provided that:

Identification of Potential Beneficiaries Under Subsection (b) of This Section

Pub. L. 99–272, title XII, § 12202(b)100 Stat. 291

“(1)
As soon as possible after the date of the enactment of this Act [], the Secretary of Health and Human Services shall provide each State with the names of all individuals receiving widow’s or widower’s insurance benefits under subsection (e) or (f) of section 202 of the Social Security Act [section 402(e) or (f) of this title] based on a disability who might qualify for medical assistance under the plan of that State approved under title XIX of such Act [subchapter XIX of this chapter] by reason of the application of section 1634(b) of the Social Security Act [subsec. (b) of this section].
“(2)
Each State shall—
“(A)
using the information so provided and any other information it may have, promptly notify all individuals who may qualify for medical assistance under its plan by reason of such section 1634(b) of their right to make application for such assistance,
“(B)
solicit their applications for such assistance, and
“(C)
make the necessary determination of such individuals’ eligibility for such assistance under such section and under such title XIX.”
, , , provided that:

Application to Northern Mariana Islands

section 1801 of Title 48For 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, , 42 F.R. 6593, set out as notes under , Territories and Insular Possessions.

Puerto Rico, Guam, and Virgin Islands

Pub. L. 92–603section 303(b) of Pub. L. 92–603section 301 of this titleEnactment of provisions of , eff. , not applicable to Puerto Rico, Guam, and the Virgin Islands, see , set out as a note under .