Page:United States Statutes at Large Volume 100 Part 3.djvu/250

 100 STAT. 2058

i State and local governments. ,r' .T.p 42 USC 1396a note.

ii- b. ^''

PUBLIC LAW 99-509—OCT. 21, 1986

"(3) For purposes of this subsection, the term 'emergency medical condition' means a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in— "(A) placing the patient's health in serious jeopardy, "(B) serious impairment to bodily functions, or "(C) serious dysfunction of any bodily organ or part.". (b) CONFORMING AMENDMENT.—Section 1902(a) of such Act (42 U.S.C. 1396a(a)) is amended by adding at the end thereof the following new sentence: "Notwithstanding paragraph (10)(B) or any other provision of this subsection, a State plan shall provide medical assistance with respect to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law only in accordance with section 1903(v).". (c) EFFECTIVE DATE.—



42 USC 1396.

(1) Except as provided in paragraph (2), the amendments made by this section shall apply to medical assistance furnished to aliens on or after January 1, 1987, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) 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 additional requirement imposed by the amendment made in subsection (b), 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 such additional requirement 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. SEC. 9407. OPTIONAL PRESUMPTIVE ELIGIBILITY PERIOD FOR PREGNANT WOMEN. (a) STATE OPTION.—Section 1902(a) of such Act (42 U.S.C. 1396a(a))

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is amended— (1) by striking "and" at the end of paragraph (45), (2) by striking the period at the end of paragraph (46) and inserting in lieu thereof "; and", and (3) by adding at the end the following: "(47) at the option of the State, provide for making ambulatory prenatal care available to pregnant women during a presumptive eligibility period in accordance with section 1920.". (b) PRESUMPTIVE ELIGIBILITY.—Title XIX of the Social Security Act

42 USC 1396s.

is amended by redesignating section 1920 as section 1921 and inserting after section 1919 the following new section: i^, ^, ^.

42 USC 1396r-l.

PRESUMPTIVE ELIGIBILITY FOR P R E G N A N T WOMEN

"SEC. 1920. (a) A State plan approved under section 1902 may provide for making ambulatory prenatal care available to a pregnant woman during a presumptive eligibility period. "(b) For purposes of this section— "(1) the term 'presumptive eligibility period' means, with respect to a pregnant woman, the period that—

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