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U.S. Code, Title 42, the Public Health and Welfare
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 11398. Regulations
(a) In general
The Secretary shall, by notice published in the Federal Register, establish such requirements as may be necessary to carry out the amendments made by this part.
(b) Consultation
In establishing requirements to carry out the provisions of this part, and in considering applications under this part, the Secretary shall consult with officials of the appropriate agencies of the Department of Health and Human Services and with representative provider and public interest groups.
(c) Eligibility for SSI and medicaid
(1) Supplemental security income
All provisions of the Supplemental Security Income program under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] and of State programs in supplementation thereof shall apply to participants in the safe havens demonstration program under this part, except that no individual living in a safe haven shall—
(A) be considered an inmate of a public institution (as provided in section 1611(e)(1)(A) of such Act [42 U.S.C. 1382(e)(1)(A)]); or
(B) have benefits under such title XVI [42 U.S.C. 1381 et seq.] reduced or terminated because of the receipt of support and maintenance (as provided in section 1612(a)(2)(A) of such Act [42 U.S.C. 1382a(a)(2)(A)]), to the extent such support and maintenance is received as a result of participation in the safe havens demonstration program.
(2) Medicaid
A safe haven shall not be considered a hospital, nursing facility, institution for mental disease as defined under section 1905(i) of the Social Security Act [42 U.S.C. 1396d(i)], or any other inpatient facility, for purposes of the program under title XIX of such Act [42 U.S.C. 1396 et seq.], and individuals shall not be denied eligibility for medicaid because of residency in such residence.
(Pub. L. 100–77, title IV, § 438, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4027.)
References in Text
The Social Security Act, referred to in subsec. (c), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVI and XIX of the Act are classified generally to subchapters XVI (§ 1381 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
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Chicago:
"U.S. Congress, Office of the Law Revision Counsel", "§ 11398. Regulations," U.S. Code, Title 42, the Public Health and Welfare in U.S. Code, Title 42, the Public Health and Welfare (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed July 2, 2025, http://www.originalsources.com/Document.aspx?DocID=GDJDSPCNI1GVVK2.
MLA:
"U.S. Congress, Office of the Law Revision Counsel". "§ 11398. Regulations." U.S. Code, Title 42, the Public Health and Welfare, in U.S. Code, Title 42, the Public Health and Welfare, Washington, D.C., Government Printing Office, 2002, Original Sources. 2 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=GDJDSPCNI1GVVK2.
Harvard:
"U.S. Congress, Office of the Law Revision Counsel", '§ 11398. Regulations' in U.S. Code, Title 42, the Public Health and Welfare. cited in 2002, U.S. Code, Title 42, the Public Health and Welfare, Government Printing Office, Washington, D.C.. Original Sources, retrieved 2 July 2025, from http://www.originalsources.com/Document.aspx?DocID=GDJDSPCNI1GVVK2.
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