Page:United States Statutes at Large Volume 100 Part 3.djvu/245

 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 2053

amount of resources that an individual may have and obtain benefits under that program. "(2)(A) The income level established under paragraph (1)(B) may not exceed a percentage (not more than 100 percent) of the nonfarm official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a 42 USC 9902. family of the size involved. "(B) In the case of a State that provides medical assistance to State and local individuals not described in subsection (a)(10)(A) and at the State's governments, option, the State may use under paragraph (1)(C) such resource level (which is higher than the level described in that paragraph) as may be applicable with respect to individuals described in paragraph dXA) who are not described in subsection (a)(10)(A).". (b) REQUIREMENT OF COVERAGE OF CERTAIN PREGNANT WOMEN AND CHILDREN AND OTHER SPECIAL RULES.—Section 1902(m) of such

Act, as added by subsection (a)(2), is further amended by adding at the end the following new paragraphs: "(3) A State plan may not provide coverage for individuals under subsection (a)(10)(A)(ii)(X), unless the plan provides coverage of some or all of the individuals described in subsection (1)(1). "(4) Notwithstanding subsection (a)(17), for individuals described in paragraph (1) who are covered under the State plan by virtue of subsection (a)(10)(A)(ii)(X)— "(A) the income standard to be applied is the income standard described in paragraph (1)(B), and "(B) except as provided in section 1612(b)(4)(B)(ii), costs incurred for medical care or for any other type of remedial care shall not be taken into account in determining income. Any different treatment provided under this paragraph for such individuals shall not, because of subsection (a)(17), require or permit such treatment for other individuals.". (c) EFFECTIVE DATE.—The amendments made by this section shall apply to payments to States for calendar quarters beginning on or after July 1, 1987, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.

42 USC 1396a. state and local governments.

42 USC 1382a.

State and local governments. 42 USC 1396a note.

SEC. 9403. OPTIONAL COVERAGE OF POOR MEDICARE BENEFICIARIES FOR MEDICARE COST-SHARING EXPENSES. (a)

ELIGIBILITY OF QUALIFIED MEDICARE BENEFICIARY.—Section

1902(a)(10) of the Social Security Act (42 U.S.C. 139a(a)(10)) is 42 USC 1396a. amended— (1) by striking "and" at the end of subparagraph (C), i t. (2) by inserting "and" at the end of subparagraph (D), and (3) by inserting after subparagraph (D) the following new subparagraph: "(E) at the option of a State, but subject to subsection State and local £ J = (m)(3), for making medical assistance available for medicare governments. cost-sharing (as defined in section 1905(p)(3)) for qualified 42 USC I396d. medicare beneficiaries described in section 1905(p)(l);" (b) QUALIFIED MEDICARE BENEFICIARY DEFINED.—Section 1905

of

such Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: "(p)(l) The term 'qualified medicare beneficiary' means an individual—

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