Page:United States Statutes at Large Volume 110 Part 3.djvu/459

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PUBLIC LAW 104-193—AUG. 22, 1996 110 STAT. 2189 "(ii) Notwithstanding clause (i), no individual under the age of 18 who engages in substantial gainful activity (determined in accordance with regulations prescribed pursuant to subparagraph (E)) may be considered to be disabled."; and (5) in subparagraph (F), as redesignated by paragraph (3), by striking "(D)" and inserting "(E)". (b) CHANGES TO CHILDHOOD SSI REGULATIONS.— (1) MODIFICATION TO MEDICAL CRITERIA FOR EVALUATION OF MENTAL AND EMOTIONAL DISORDERS.—The Commissioner of Social Security shall modify sections 112.00C.2. and 112.02B.2.c.(2) of appendix 1 to subpart P of part 404 of title 20, Code of Federal Regulations, to eliminate references to maladaptive behavior in the domain of personal/behavorial function. (2) DISCONTINUANCE OF INDIVIDUALIZED FUNCTIONAL ASSESSMENT. —The Commissioner of Social Security shall discontinue the individualized functional assessment for children set forth in sections 416.924d and 416.924e of title 20, Code of Federal Regulations. (c) MEDICAL IMPROVEMENT REVIEW STANDARD AS IT APPLIES TO INDIVIDUALS UNDER THE AGE OF 18. —Section 1614(a)(4) (42 U.S.C. 1382(a)(4)) is amended— 42 USC 1382c. (1) by redesignating subclauses (I) and (II) of clauses (i) and (ii) of subparagraph (B) as items (aa) and (bb), respectively; (2) by redesignating clauses (i) and (ii) of subparagraphs (A) and (B) as subclauses (I) and (II), respectively; (3) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively; (4) by inserting before clause (i) (as redesignated by paragraph (3)) the following new subparagraph: "(A) in the case of an individual who is age 18 or older—"; (5) by inserting after and below subparagraph (A)(iii) (as so redesignated) the following new subparagraph: "(B) in the case of an individual who is under the age ofl8— "(i) substantial evidence which demonstrates that there has been medical improvement in the individual's impairment or combination of impairments, and that such impairment or combination of impairments no longer results in marked and severe functional limitations; or "(ii) substantial evidence which demonstrates that, as determined on the basis of new or improved diagnostic techniques or evaluations, the individual's impairment or combination of impairments, is not as disabling as it was considered to be at the time of the most recent prior decision that the individual was under a disability or continued to be under a disability, and such impairment or combination of impairments does not result in marked and severe functional limitations; or"; (6) by redesignating subparagraph (D) as subparagraph (C) and by inserting in such subparagraph "in the case of any individual," before "substantial evidence"; and (7) in the first sentence following subparagraph (C) (as redesignated by paragraph (6)), by— (A) inserting "(i)" before "to restore"; and