Page:United States Statutes at Large Volume 102 Part 1.djvu/796

 102 STAT. 758

PUBLIC LAW 100-360—JULY 1, 1988 spouse which, subject to subparagraph (Q, is equal to or exceeds— "(i) the applicable percent (described in subparagraph (B)) of Via of the nonfarm income official poverty line (defined by the Office of Management and Budget and revised annually in accordance with sections 652 and 673(2) of the Omnibus Budget Reconciliation Act of 1981) for a family unit of 2 members; plus "(ii) an excess shelter allowance (as defined in paragraph (4)). A revision of the official poverty line referred to in clause (i) shall apply to medical assistance furnished during and after the second calendar quarter that b^ins after the date of publication of the revision. "(B) APPLICABLE PERCENT.—For purposes of subparagraph (A)(i), the 'applicable percent' described in this paragraph, effective AB O{' "(i) September 30, 1989, is 122 percent, "(ii) July 1, 1991, is 133 percent, and "(iii) July 1, 1992, is 150 percent. "iO CAP ON MINIMUM MONTHLY MAINTENANCE NEEDS

ALLOWANCE.—The minimum monthly maintenance needs allowance established under subparagraph (A) may not exceed $1,500 (subject to a4justment under subsections (e) and (g)). "(4) EXCESS SHELTER ALLOWANCE DEFINED.—In paragraph (3)(A)(ii), the term 'excess shelter allowance' means, for a community spouse, the amount by which the sum of— "(A) the spouse's expenses for rent or mortgage payment (including principal and interest), taxes and insurance and, in the case of a condominium or cooperative, required maintenance chaige, for the community spouse's principal residence, and "(B) the standard utility allowance (used by the State under section 5(e) of the Food Stamp Act of 1977) or, if the State does not use such an allowance, the spouse's actual utility expenses, exceeds 30 percent of the amount described in paragraph (3)(A)(i), except that^ in the case of a condominium or cooperative, for which a maintenance chaige is included under subparagraph (A), any allowance under subparagraph (C) shall be reduced to the extent the maintenance charge includes utility expensea. (5) COURT ORDERED SUPPORT.—If a court has entered an order against an institutionalized spouse for monthly income for the support of the community spouse, the community spouse montUy income allowance for the spouse shall be not less than the amount of the monthly income so ordered. State and local

governments.

"(e) NOTICE AND FAIR HEARING.— "(1) NOTICE.—Upon—

<«(^) jj determination of eligibility for medical assistance of an institutionalized spouse, or "(B) a request by either the institutionalized spouse, or the conmiunity spouse, or a representative acting on behalf of either spouse, each State shall notify both spouses (in the case described in subparagraph (A)) or the spouse making the request (in the case

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