Sec. 305. Application of Rosa's Law for individuals with intellectual disabilities
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/bill/113/hr/4574/ih/section-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
With the exception of section 1930(b) of the Social Security Act ( 42 U.S.C. 1396u(b) ), as amended by section 305, such Act is further amended— by striking, wherever it appears, State mental retardation or developmental disability authority and inserting State intellectual disability or developmental disability authority ; by striking, wherever it appears, mental retardation and inserting intellectual disabilities ; and by striking, wherever it appears, mentally retarded and inserting intellectually disabled . Section 1902(e)(14)(F) of such Act is amended by striking mentally retarded and inserting intellectually disabled . The amendment made under subparagraph
(A)shall take effect on January 2, 2015. For purposes of each provision amended by this section, issuing or amending regulations to carry out a provision amended by this section, or issuing any publication or other official communication in regards to any provision of the Social Security Act— a reference to an intellectual disability shall mean a condition previously referred to as mental retardation, or a variation of such term, and shall have the same meaning with respect to programs, or qualifications for such programs, for individuals with such a condition; a reference to an individual who is intellectually disabled shall mean an individual who was previously referred to as an individual who is mentally retarded, an individual with mental retardation, or variations of such terms; a reference to an intermediate care facility for the intellectually disabled shall mean a facility that was previously referred to as an intermediate care facility for the mentally retarded; and a reference to a State intellectual disability or developmental disability authority shall mean an entity that was previously referred to as a State mental retardation or developmental disability authority. For purposes of amending regulations to carry out this section, a Federal agency shall ensure that the regulations clearly state— that an intellectual disability was formerly termed mental retardation; that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded; that an intermediate care facility for the intellectually disabled was formerly termed an intermediate care facility for the mentally retarded; and that a State intellectual disability or developmental disability authority was formerly termed a State mental retardation or developmental disability authority. This section shall be construed to make amendments to provisions of Federal law to substitute the term intellectual disability for mental retardation or any variation of such term without any intent to— change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or compel States to change terminology in State laws for individuals covered by a provision amended by this section.
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Sec. 305
Application of Rosa's Law for individuals with intellectual disabilities
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