Page:United States Statutes at Large Volume 102 Part 1.djvu/788

 102 STAT. 750 Effective date, 42 USC 1395v note. Effective date.

PUBLIC LAW 100-360—JULY 1, 1988

(3) The amendment made by paragraph (1) shall take effect on January 1, 1989, and the amendments made by paragraph (2) shall take effect on July 1, 1989. (f) TECHNICAL AMENDMENT.—Effective as though mcluded in the enactment of the Omnibus Budget Reconciliation Act of 1986, paragraph (2) of section 9403(g) of such Act is amended to read as follows: "(2) PAYMENT OP MEDICARE COST4SHARING.—Section 1903(a)(l)

(42 U.S.C. 1396b(a)(l)) is amended by inserting 'including expenditures for medicare cost-sharing and' before 'including expenditures'.". 42 USC 1396a note.

(g) TREATMENT OF CERTAIN STATES.-^ (1) STATES OPERATING UNDER DEMONSTRATION PROJECTS,—In

the case of any State which is providing medical assistance to its residents under a waiver granted under section 1115(a) of the Social Security Act, the Secretary of Health and Human Services shall require the State to meet the requirement of section 1902(a)(10)(E) of the Social Security Act in the same manner as the State would be required to meet such requirement if the State had in effect a plan approved under title XIX of such Act. (2) COMMONWEALTHS AND TERRITORIES.—Section 1905(p) (42

42 USC 1396a note.

State and local governments.

State and local governments.

U.S.C. 1396d(p)), as amended by subsection (d)(3), is further amended by adding a t the end the following new paragraph: "(5) Notwithstanding any other provision of this title, in the case of a State (other than the 50 S t a t ^ and the District of (Columbia)— "(A) the requirement stated in section 1902(a)(10)(E) shall be optional, and "(B) for purposes of paragraph (2)(A), the State may substitute for the percent provided under clause (ii) of such paragraph any percent.". (h) EFFECTIVE DATE.—(1) The amendments made by this section apply (except as provided in subsections (e) and (f) and under paragraph (2)) to pa3mients under title XIX of the Social Security Act for calendar quarters beginning on or after January 1, 1989, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date, with respect to medical assistance for— (A) monthly premiums under title XVIII of such Act for months beginning with January 1989, and (B) items and services furnished on and after January 1, 1989. (2) In the case of a State plan for medical assistance under title X K 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 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 these additional requirements before the first day of the first session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 302. COVERAGE AND PAYMENT FOR PREGNANT WOMEN AND INFANTS WITH INCOMES BELOW POVERTY LINE. (a) PREGNANT WOMEN AND INFANTS UNDER AGE 1.—

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