Page:United States Statutes at Large Volume 100 Part 1.djvu/248

 100 STAT. 212 State and local governments. 42 USC 1396.

42 USC 1396a note.

PUBLIC LAW 99-272—APR. 7, 1986

(3) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet the requirements imposed by the amendments made by this section before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. (c) GAO STUDY.—The Comptroller General shall conduct a study of the effects of the amendments made by this section, and shall report the results of such study to the Congress two years after the date of the enactment of this Act. SEC. 9510. BEGINNING DATE OF OPTIONAL COVERAGE FOR INDIVIDUALS IN MEDICAL INSTITUTIONS.

42 USC 1396a note.

(a) COVERAGE.—Section 1902(a)(10)(A)(ii)(V) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)(V)) is amended by inserting "for a period of not less than 30 consecutive days (with eligibility by reason of this subclause beginning on the first day of such period)" after "are in a medical institution". (b) EFFECTIVE DATE,—The amendment made by this section shall apply with respect to payment for services furnished on or after October 1, 1985. SEC. 95n. OPTIONAL COVERAGE OF CHILDREN. (a) STATE OPTION.—Section 1905(n)(2) of the Social Security Act (42

42 USC 1396d note.

State and local governments.

U.S.C. 1396d(h)(2)) is amended by inserting "(or such earlier date as the State may designate)" after "September 30, 1983". (b) EFFECTIVE DATE.—The amendment made by this section shall apply to services furnished on or after April 1, 1986. SEC. 9512. OVERPAYMENT RECOVERY RULES. (a) OVERPAYMENT RECOVERY.-—-Section 1903(d)(2) of the Social Security Act (42 U.S.C. 1396b(d)(2)) is amended— (1) by inserting "(A)" after "(2)"; (2) by designating the second sentence as subparagraph (B), properly indented and aligned below subparagraph (A); and (3) by adding at the end thereof the following new subparagraphs: "(C) For purposes of this subsection, when an overpayment is discovered, which was made by a State to a person or other entity, the State shall have a period of 60 days in which to recover or attempt to recover such overpayment before adjustment is made in the Federal payment to such State on account of such overpayment. Except as otherwise provided in subparagraph (D), the adjustment in the Federal payment shall be made at the end of the 60 days, whether or not recovery was made. "(D) lii any case where the State is unable to recover a debt which represents an overpayment (or any portion thereof) made to a person or other entity on account of such debt having been discharged in bankruptcy or otherwise being uncollectable, no adjustment shall be made in the Federal payment to such State on account of such overpayment (or portion thereof).".

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