(A)#
The Commissioner of Social Security shall, subject to subparagraph (B) and subsection (j), prescribe such requirements with respect to the filing of applications, the suspension or termination of assistance, the furnishing of other data and material, and the reporting of events and changes in circumstances, as may be necessary for the effective and efficient administration of this subchapter.
(B)#
(i) The requirements prescribed by the Commissioner of Social Security pursuant to subparagraph (A) shall require that eligibility for benefits under this subchapter will not be determined solely on the basis of declarations by the applicant concerning eligibility factors or other relevant facts, and that relevant information will be verified from independent or collateral sources and additional information obtained as necessary in order to assure that such benefits are only provided to eligible individuals (or eligible spouses) and that the amounts of such benefits are correct. For this purpose and for purposes of federally administered supplementary payments of the type described in section 1382e(a) of this title (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66 ), the Commissioner of Social Security shall, as may be necessary, request and utilize information available pursuant to section 6103( l )(7) of the Internal Revenue Code of 1986, and any information which may be available from State systems under section 1320b–7 of this title , and shall comply with the requirements applicable to States (with respect to information available pursuant to section 6103( l )(7)(B) of such Code) under subsections (a)(6) and (c) of such section 1320b–7 of this title .
(ii) (I) The Commissioner of Social Security may require each applicant for, or recipient of, benefits under this subchapter to provide authorization by the applicant or recipient (or by any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient for such benefits) for the Commissioner to obtain (subject to the cost reimbursement requirements of section 1115(a) of the Right to Financial Privacy Act [ 12 U.S.C. 3415 ]) from any financial institution (within the meaning of section 1101(1) of such Act [ 12 U.S.C. 3401(1) ]) any financial record (within the meaning of section 1101(2) of such Act [ 12 U.S.C. 3401(2) ]) held by the institution with respect to the applicant or recipient (or any such other person) whenever the Commissioner determines the record is needed in connection with a determination with respect to such eligibility or the amount of such benefits. (II) Notwithstanding section 1104(a)(1) of the Right to Financial Privacy Act [ 12 U.S.C. 3404(a)(1) ], an authorization provided by an applicant or recipient (or any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient) pursuant to subclause (I) of this clause shall remain effective until the earliest of— (aa) the rendering of a final adverse decision on the applicant’s application for eligibility for benefits under this subchapter; (bb) the cessation of the recipient’s eligibility for benefits under this subchapter; or (cc) the express revocation by the applicant or recipient (or such other person referred to in subclause (I)) of the authorization, in a written notification to the Commissioner. (III) (aa) An authorization obtained by the Commissioner of Social Security pursuant to this clause shall be considered to meet the requirements of the Right to Financial Privacy Act [ 12 U.S.C. 3401 et seq.] for purposes of section 1103(a) of such Act [ 12 U.S.C. 3403(a) ], and need not be furnished to the financial institution, notwithstanding section 1104(a) of such Act [ 12 U.S.C. 3404(a) ]. (bb) The certification requirements of section 1103(b) of the Right to Financial Privacy Act [ 12 U.S.C. 3403(b) ] shall not apply to requests by the Commissioner of Social Security pursuant to an authorization provided under this clause. (cc) A request by the Commissioner pursuant to an authorization provided under this clause is deemed to meet the requirements of section 1104(a)(3) of the Right to Financial Privacy Act [ 12 U.S.C. 3404(a)(3) ] and the flush language of section 1102 of such Act [ 12 U.S.C. 3402 ]. (IV) The Commissioner shall inform any person who provides authorization pursuant to this clause of the duration and scope of the authorization. (V) If an applicant for, or recipient of, benefits under this subchapter (or any such other person referred to in subclause (I)) refuses to provide, or revokes, any authorization made by the applicant or recipient for the Commissioner of Social Security to obtain from any financial institution any financial record, the Commissioner may, on that basis, determine that the applicant or recipient is ineligible for benefits under this subchapter, determine that adjustment or recovery on account of an overpayment with respect to the applicant or recipient would not defeat the purpose of this subchapter, or both.
(iii) (I) The Commissioner of Social Security may require each applicant for, or recipient of, benefits under this subchapter to provide authorization by the applicant, recipient or legal guardian (or by any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient for such benefits) for the Commissioner to obtain from any payroll data provider (as defined in section 1320e–3(c)(1) of this title ) any record held by the payroll data provider with respect to the applicant or recipient (or any such other person) whenever the Commissioner determines the record is needed in connection with a determination of initial or ongoing eligibility or the amount of such benefits. (II) An authorization provided by an applicant, recipient or legal guardian (or any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient) under this clause shall remain effective until the earliest of— (aa) the rendering of a final adverse decision on the applicant’s application for eligibility for benefits under this subchapter; (bb) the cessation of the recipient’s eligibility for benefits under this subchapter; (cc) the express revocation by the applicant, or recipient (or such other person referred to in subclause (I)) of the authorization, in a written notification to the Commissioner; or (dd) the termination of the basis upon which the Commissioner considers another person’s income and resources available to the applicant or recipient. (III) The Commissioner of Social Security is not required to furnish any authorization obtained pursuant to this clause to the payroll data provider. (IV) The Commissioner shall inform any person who provides authorization pursuant to this clause of the duration and scope of the authorization. (V) If an applicant for, or recipient of, benefits under this subchapter (or any such other person referred to in subclause (I)) refuses to provide, or revokes, any authorization required by subclause (I), paragraph (2)(B) and paragraph (10) shall not apply to such applicant or recipient beginning with the first day of the first month in which he or she refuses or revokes such authorization.
(C)#
For purposes of making determinations under section 1382(e) of this title , the requirements prescribed by the Commissioner of Social Security pursuant to subparagraph (A) of this paragraph shall require each administrator of a nursing home, extended care facility, or intermediate care facility, within 2 weeks after the admission of any eligible individual or eligible spouse receiving benefits under this subchapter, to transmit to the Commissioner a report of the admission.