Page:United States Statutes at Large Volume 101 Part 2.djvu/1097

This page needs to be proofread.

101 STAT. 1330-303
PUBLIC LAW 100-000—MMMM. DD, 1987
101 STAT. 1330-303

PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-303

(1) by inserting "(A)" after "basic needs"; and (2) by inserting before the period at the end the following: ", or (B) during the period beginning with the tirst month for which the individual's benefits (as defined in paragraph (2)) have been terminated or suspended if the individual was subse< quently found to have been eligible for such benefits", (c) EFFECTIVE DATE.—The amendments made by this section shall 42 USC 1383 become effective with the 13th month following the month in which "°*® this Act is enacted, or, if sooner, with the first month for which the Secretary of Health and Human Services determines that it is administratively feasible. SEC. 9111. SPECIAL NOTICE TO BLIND RECIPIENTS.

(a) IN GENERAL.—(1) Section 1631 of the Social Security Act is 42 USC 1383. amended by adding at the end the following new subsection: "Special Notice to Blind Individuals with Respect to Hearings and Other Official Actions "(1)(1) In any case where an individual who is applying for or receiving benefits under this title on the basis of blindness is entitled (under subsection (c) or otherwise) to receive notice from the Secretary of any decision or determination made or other action taken or proposed to be taken with respect to his or her rights under this title, such individual shall at his or her election be entitled either (A) to receive a supplementary notice of such decision, determination, or action, by telephone, within 5 working days after the initial notice is mailed, (B) to receive the initial notice in the form of a certified letter, or (C) to receive notification by some alternative procedure established by the Secretary and agreed to by the individual. "(2) The election under paragraph (1) may be made at any time; but an opportunity to make such an election shall in any event be given (A) to every individual who is an applicant for benefits under this title on the basis of blindness, at the time of his or her application, and (B) to every individual who is a recipient of such benefits on the beisis of blindness, at the time of each redetermination of his or her eligibility. Such an election, once made by an individual, shall apply with respect to all notices of decisions, determinations, and actions which such individual may thereafter be entitled to receive under this title until such time as it is revoked or changed.". (2) Not later than one year after the date on which the amendment made by paragraph (1) becomes effective, the Secretary of Health and Human Services shall provide every individual receiving benefits under title XVI of the Social Security Act on the basis of blindness an opportunity to make an election under section 1631(1)(1) of such Act (as added by such amendment). (b) STUDY.—The Secretary of Health and Human Services shall study the desirability and feasibility of extending special or supplementary notices of the type provided to blind individuals by section 1631(1) of the Social Security Act (as added by subsection (a) of this section) to other individuals who may lack the ability to read and comprehend regular written notices, and shall report the results of such study to the Congress, along with such recommendations as may be appropriate, within 12 months after the date of the enactment of this Act.

i: i rcrt

'

42 USC 1383 "°*®

Reports. f^^Y^^ ^^^^ note.