Page:United States Statutes at Large Volume 98 Part 2.djvu/645

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-460—OCT. 9, 1984

98 STAT. 1805

consultative examination should be obtained in connection with disability determinations; "(2) standards for the type of referral to be made; and "(3) procedures by which the Secretary will monitor both the referral processes used and the product of professionals to whom cases are referred. Nothing in this subsection shall be construed to preclude the issuance, in accordance with section 553(b)(A) of title 5, United States Code, of interpretive rules, general statements of policy, and rules of agency organization relating to consultative examinations if such rules and statements are consistent with such regulations.". (2) The Secretary of Health and Human Services shall prescribe regulations required under section 221(j) of the Social Security Act not later than 180 days after the date of the enactment of this Act. (b)(l) Section 223(d)(5) of the Social Security Act is amended by inserting "(A)" after "(5)" and by adding at the end thereof the following new subparagraph: "(B) In making any determination with respect to whether an individual is under a disability or continues to be under a disability, the Secretary shall consider all evidence available in such individual's case record, and shall develop a complete medical history of at least the preceding twelve months for any case in which a determination is made that the individual is not under a disability. In making any determination the Secretary shall make every reasonable effort to obtain from the individual's treating physician (or other treating health care provider) all* medical evidence, including diagnostic tests, necessary in order to properly make such determination, prior to evaluating medical evidence obtained from any other source on a consultative basis.". (2) The amendments made by this subsection shall apply to determinations made on or after the date of the enactment of this Act.

Regulations. 42 USC 421 note. Ante, p. 1804. 42 USC 423.

Effective date. 42 USC 423 note.


SEC. 10. (a) Section 221 of the Social Security Act (as amended by 42 USC 421. section 9 of this Act) is further amended by adding at the end thereof the following new subsection: "(k)(l) The Secretary shall establish by regulation uniform standards which shall be applied at all levels of determination, review, and adjudication in determining whether individuals are under disabilities as defined in section 216(i) or 223(d). 42 USC 416, 423. "(2) Regulations promulgated under paragraph (1) shall be subject to the rulemaking procedures established under section 553 of title 5, United States Code.". Ob) Section 1614(a)(3)(H) of such Act (as added by section 8 of this Ante, p. 1804. Act and amended by section 3 of this Act) is further amended by striking out "sections 221(h) and 223(d)(5)" and inserting in lieu thereof "sections 221(h), 221(k), and 223(d)(5)". PAYMENT OF. COSTS OF REHABILITATION SERVICES

SEC. 11. (a)(1) The first sentence of section 222(d)(l) of the Social 42 USC 422. Security Act is amended— (A) by striking out "into substantial gainful activity"; and (B) by striking out "which result in their performance of substantial gainful activity which lasts for a continuous period ' of nine months" and inserting in lieu thereof the following: "(i)