Page:United States Statutes at Large Volume 102 Part 1.djvu/792

 102 STAT. 754

PUBLIC L A W 100-360—JULY 1, 1988 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 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. For purposes of the previous sentence, in the case of a State that has a regular legislative session of 2 years, each year of such session shall be deemed to be a separate regular session of the State legislature.

SEC. 303. PROTECTION OF INCOME AND RESOURCES OF COUPLE FOR MAINTENANCE OF COMMUNITY SPOUSE. (a) IN GENERAL.—

42 USC 1396s.

(1) Title XIX, as amended by the amendment made by section 411(k)(6)(B) of this Act, is amended— (A) by redesignating section 1924 as section 1925, and (B) by inserting after section 1923 the following new section: "TREATMENT OF INCOME AND RESOURCES FOR CERTAIN

INSTITUTIONALIZED SPOUSES

42 USC 1396r-5.

"SEC. 1924. (a) SPECIAL TREATMENT FOR INSTITUTIONALIZED SPOUSES.—

"(1) SUPERSEDES OTHER PROVISIONS.—In determining the eligi-

bility for medical assistance of an institutionalized spouse (as defined in subsection (h)(l)), the provisions of this section supersede any other provision of this title (including sections 1902(a)(17) and 1902(f)) which is inconsistent with them. "(2) No COMPARABLE TREATMENT REQUIRED.—Any different

treatment provided under this section for institutionalized spouses shall not, by reason of paragraph (10) or (17) of section 1902(a), require such treatment for other individuals. "(3) DOES NOT AFFECT CERTAIN DETERMINATIONS.—Except as

this section specifically provides, this section does not apply to— "(A) the determination of what constitutes income or resources, or "(B) the methodology and standards for determining and evaluating income and resources. "(4) APPLICATION IN CERTAIN STATES AND TERRITORIES.— "(A) APPLICATION IN 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, the Secretary shall require the State to meet the requirements of this section in the same manner as the State would be required to meet such requirement if the State had in effect a plan approved under this title. "(B) No

APPLICATION IN COMMONWEALTHS AND TERRI-

. TORIES.—This section shall only apply to a State that is one of the 50 States or the District of Columbia. "(b) RULES FOR TREATMENT OF INCOME.— "(1) SEPARATE TREATMENT OF INCOME.—During

any month in which an institutionalized spouse is in the institution, except as provided in paragraph (2), no income of the community spouse shall be deemed available to the institutionalized spouse. "(2) ATTRIBUTION OF INCOME.—In determining the income of

an institutionalized spouse or community spouse, after the

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