SL 40001.401: State Enabling Legislation and Negotiation with SSA
Effective Dates: 12/10/2003 - Present BASIC (12-03) SL 40001.401 State Enabling Legislation There must be authority under State law for a State to enter into a Section 218 Agreement with the Commissioner of Social Security to extend coverage under the agreement, carry out the provisions of the agreement, and permit modifications to the agreement. Such authority is usually provided by specific enabling legislation. All States have enacted enabling legislation to enter into agreements. The State enabling legislation must authorize all provisions contained in the State’s Section 218 Agreement. It must provide for the election of optional exclusions or state these exclusions are not permitted. If optional exclusions are permitted, it must specify whether such exclusions may be exercised by individual coverage groups or whether such optional exclusions will mandatorily apply to all coverage groups included under the State's agreement. At the State’s request, SSA will assist the State in conforming the State’s enabling legislation with the provisions of Federal law. Requests for assistance should be directed to the PSSO.
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