Page:United States Statutes at Large Volume 100 Part 3.djvu/246

 100 STAT. 2054
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42 USC 1395c. 42 USC 1395i-2.

State and local governments. 42 USC 1382a. 42 USC 1382b.

42 USC 9902. State and local governments.

42 USC 1396a.

42 USC 1396d.

42 USC 13960.

42 USC 13951-2. 42 USC 1395e. 42 USC 1395Z. State and local governments.

42 USC 1395mm.

PUBLIC LAW 99-509—OCT. 21, 1986

"(A) who is entitled to hospital insurance benefits under part A of title XVIII (including an individual entitled to such benefits pursuant to an enrollment under section 1818), "(B) who, but for section 1902(a)(10)(E) and the election of the State, is not eligible for medical assistance under the plan, "(C) whose income (as determined under section 1612 for purposes of the supplemental security income program) does not exceed an income level established by the State consistent with paragraph (2)(A), and "(D) whose resources (as determined under section 1613 for purposes of the supplemental security income program) do not exceed (except as provided in paragraph (2)(B)) the maximum amount of resources that an individual may have and obtain benefits under that program. "(2)(A) The income level established under paragraph (1)(C) 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 family of the size involved. "(B) In the case of a State that provides medical assistance to individuals not described in section 1902(a)(10)(A) and at the State's option, the State may use under paragraph (1)(D) such resource level (which is higher than the level described in that paragraph) as may be applicable with respect to individuals described in paragraph (1)(A) who are not described in section 1902(a)(10)(A).". (c) LIMITED, MEDICARE GAP-FILUNG BENEFITS.—Section 1902(a)(10) of such Act (42 U.S.C. 1395a(a)(10)), as amended by section 9401(c) of this subtitle and by subsection (a) of this section, is amended, in the matter after subparagraph (E)— (1) by striking "and" before "(VII)", and (2) by inserting before the semicolon at the end the following: ", and (VIII) the medical assistance made available to a quali' •'• fied medicare beneficiary described in section 1905(p)(l) shall be limited to medical assistance for medicare cost-sharing (described in section 1905(p)(3)), subject to the provisions of subsection (n) and section 1916(b)". (d) MEDICARE COST-SHARING DEFINED.—Section 1905(p) of such Act, as added by subsection (b), is amended by adding at the end the following: "(3) The term 'medicare cost-sharing' means the following costs incurred with respect to a qualified medicare beneficiary: "(A) Premiums under part B and (if applicable) under section 1818. "(B) Deductibles and coinsurance described in section 1813. "(C) The annual deductible described in section 1833(b). "(D) The difference between the amount that is paid under section 1833(a) and the amount that would be paid under such section if any reference to '80 percent' therein were deemed a reference to '100 percent'. Such term also may include, at the option of a State, premiums for enrollment of a qualified medicare beneficiary with an eligible organization under section 1876.". (e) PAYMENT AMOUNTS.—Section 1902 of such Act, as amended by sections 9401(b) and 9402(a)(2) of this subtitle, is further amended by adding at the end the following new subsection:

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