Page:United States Statutes at Large Volume 101 Part 2.djvu/952

 101 STAT. 1330-158

PUBLIC LAW 100-203—DEC. 22, 1987

(o) TECHNICAL AMENDMENTS RELATING TO NEW JERSEY RESPITE CARE PILOT PROJECT.—

100 Stat. 2064.

(1) Section 9414(b) of the Omnibus Budget Reconciliation Act of 1986 is amended— (A) by redesignating paragraphs (2), (3), and (4), as paragraphs (3), (4), and (5), respectively, (B) by inserting after paragraph (1) the following new paragraph: "(2) provide that the State may submit a detailed proposal describing the project (in lieu of a formal request for the waiver of applicable provisions of title XIX of the Social Security Act) and that submission of such a description by the State will be treated as such a request for purposes of subsection (g),", and (C) in paragraph (3), as redesignated by *^» paragraph (1) of this subsection, by striking "if the project" and all that follows through "Act" the second place it appears and inserting "the State shall utilize a post-eligibility cost-sharing formula based on the available income of participants with income in excess of the nonfarm income ofRcial 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)". (2)(A) Section 9414(a) of the Omnibus Budget Reconciliation Act of 1986 is amended by striking "elderly and disabled individuals" and inserting "eligible individuals". (B) Section 941(c) of the Omnibus Budget Reconciliation Act of 1986 is amended to read as follows: "(C) DEFINITIONS.—For purposes of this section— "(1) the term 'eligible individual' means an individual— "(A) who is elderly or disabled, "(B)(i) whose income (not including the income of the spouse or family of the individual) does not exceed 300 percent of the amount in effect under section 1611(a)(l)(A) of the Social Security Act (as increased pursuant to section 1617ofsuchAct),or "(ii) in the case of an individual and spouse who are both dependent on a caregiver, whose combined incomes do not exceed such amount, "(C) whose liquid resources (as declared by the individual) do not exceed $40,000, "(D) who is at risk of institutionalization unless the individual's caregiver is provided with respite care, and "(E) who has been determined to meet the requirements of subparagraphs (A) through (D) in accordance with an application process designed by the State; and "(2) the term 'respite care services' shall include— "(A) short-term and intermittent— "(i) companion or sitter services (paid as well as volunteer), V;.1 a?; "(ii) homemaker and personal care-services, v t "(iii) adult day care, and "(iv) inpatient care in a hospital, a skilled nursing facility, or an intermediate care facility (not to exceed a total of 14 da}^ for any individual), and "(B) peer support and training for family caregivers (using informal support groups and organized counseling).".
 * • Copy read "by by".

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