95-11913. Removal of Standard Setting Requirements for Medical and Nonmedical Facilities Where SSI Recipients Reside

[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Rules and Regulations]
[Page 26000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11913]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1397


Removal of Standard Setting Requirements for Medical and 
Nonmedical Facilities Where SSI Recipients Reside

AGENCY: Administration for Children and Families, Department of Health 
and Human Services.

ACTION: Final rule.

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SUMMARY: This notice removes from the Code of Federal Regulations the 
provisions on standard setting requirements for medical and non-medical 
facilities where Supplemental Security Income recipients reside. These 
standard setting requirements implement the requirements of the Keys 
Amendment, Section 1616(e) of the Social Security Act, as amended. This 
action is necessary because, as of March 31, 1995, Federal 
responsibility for the Keys Amendment will be assumed by the 
independent Social Security Administration as required by statute.

DATES: Effective date is May 16, 1995.

FOR FURTHER INFORMATION CONTACT:
Madeline Mocko [phone].

SUPPLEMENTARY INFORMATION: The Keys Amendment, Section 1616(e) of the 
Social Security Act, requires States to establish and enforce standards 
for residential facilities where significant numbers of Supplemental 
Security Income (SSI) recipients reside; make a summary of these 
standards available for public review; make copies of the standards 
(and State enforcement procedures) available on request; and certify 
annually to the Secretary that these requirements have been met.
    Under the Social Security Independence and Program Improvement Act 
of 1994, Public Law 103-296, effective March 31, 1995, the 
responsibility for administering the Keys Amendment requirements was 
changed. Pursuant to section 107(a) of that Act, effective March 31, 
1995, the certifications required by section 1616(e) of the Social 
Security Act come under the jurisdiction of the Commissioner of the 
independent Social Security Administration (SSA). Therefore, the 
regulations at 45 CFR Part 1397 which implement the Keys Amendment and 
which are currently the responsibility of the Administration for 
Children and Families, must be removed in order that the independent 
SSA agency may promulgate guidance as it deems appropriate.

Impact Analysis

Regulatory Procedures--Executive Order 12866

    This final Rule has been reviewed pursuant to Executive Order 
12866. Executive Order 12866 requires that regulations be reviewed for 
consistency with the priorities and principles set forth in the 
Executive Order. ACF has determined that this rule is consistent with 
these priorities and principles.

Regulatory Flexibility Act

    Consistent with the Regulatory Flexibility Act (Pub. L. 96-454), 
which requires the Federal government to anticipate and reduce the 
impact of rules and paperwork requirements on small businesses and 
other small entities, the Department certifies that this rule has no 
significant effect on a substantial number of small entities. 
Therefore, a regulatory flexibility analysis is not required.

Paperwork Reduction Act

    This requirement contains no information collection requirements 
which are subject to review and approval by OMB under the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3500 et seq.).

List of Subjects in 45 CFR Part 1397

    Grants programs--social programs, Health facilities, Reporting and 
recordkeeping requirements, Supplemental Security Income (SSI).

    Dated April 5, 1995.
Mary Jo Bane,
Assistant Secretary for Children and Families.

Part 1397  Subchapter K--[Removed and Reserved]

    For the reasons set forth in the preamble, and under the authority 
of section 107(a) of Pub. L. 103-296 and section 1102(a) of the Social 
Security Act, 45 CFR Subchapter K is removed and reserved and 45 CFR 
Part 1397 is hereby removed.

[FR Doc. 95-11913 Filed 5-15-95; 8:45 am]
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