Page:United States Statutes at Large Volume 98 Part 2.djvu/644

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1804

PUBLIC LAW 98-460—OCT. 9, 1984


shall be considered overpayments for all purposes of this title, except as otherwise provided in clause (ii). "(ii) If the Secretary determines that the individual's appeal of his termination of benefits was made in good faith, all of the benefits paid pursuant to such individual's election under subparagraph (A) shall be subject to waiver consideration under the provisions of subsection (b)(D. "(C) The provisions of subparagraphs (A) and (B) shall apply with respect to determinations (that individuals are not entitled to benefits) which are made on or after the date of the enactment of this paragraph, or prior to such date but only on the basis of a timely request for review or for a hearing.". Study. (c)(1) The Secretary of Health and Human Services shall, as soon 42 USC 423 note, as practicable after the date of the enactment of this Act, conduct a study concerning the effect which the enactment and continued 42 USC 423. operation of section 223(g) of the Social Security Act is having on expenditures from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund, and the rate of appeals to administrative law judges of unfavorable determinations relating to disability or periods of disability. (2) The Secretary shall submit the results of the study under paragraph (1), together with any recommendations, to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not later than July 1, 1986. QUAUnCATIONS OF MEDICAL PROFESSIONALS EVALUATING MENTAL IMPAIRMENTS

42 USC 421.

SEC. 8. (a) Section 221 of the Social Security Act is amended by inserting after subsection (g) the following new subsection: "(h) An initial determination under subsection (a), (c), (g), or (i) that an individual is not under a disability, in any case where there is evidence which indicates the existence of a mental impairment, shall be made only if the Secretary has made every reasonable effort to ensure that a qualified psychiatrist or psychologist has completed the medical portion of the case review and any applicable residual functional capacity assessment.". Ante, p. 1800. (b) Section 1614(a)(3) of such Act (as amended by section 4 of this Act) is further amended by adding at the end thereof the following new subparagraph: "(H) In making determinations with respect to disability under Supra. this title, the provisions of section 221(h) shall apply in the same 42 USC 401. manner as they apply to determinations of disability under title II.". Effective date. (c) The amendments made by this section shall apply to determi42 USC 421 note, nations made after 60 days after the date of the enactment of this Act. CONSULTATIVE EXAMINATIONS; MEDICAL EVIDENCE

42 USC 421.

SEC. 9. (a)(1) Section 221 of the Social Security Act is amended by adding at the end thereof the following new subsection: "(j) The Secretary shall prescribe regulations which set forth, in detail— "(1) the standards to be utilized by State disability determination services and Federal personnel in determining when a