Page:United States Statutes at Large Volume 102 Part 1.djvu/798

 102 STAT. 760

PUBLIC LAW 100-360—JULY 1, 1988 count such time as may be necessary to obtain a court order under paragraph (3). "(2) COMMUNITY SPOUSE RESOURCE ALLOWANCE DEFINED.—In

paragraph (1), the 'community spouse resource allowance' for a community spouse is an amount (if any) by which— "(A) the greatest of— "(i) ^12,000 (subject to adjustment under subsection (g)), or, if greater (but not to exceed the amount specified in clause (iiXID) an amount specified under the State plan, "(ii) the lesser of (I) the spousal share computed under subsection (c)(D, or (II) $60,000 (subject to adjustment under subsection (g)), "(iii) the amount established under subsection (e)(2); or "(iv) the amount transferred under a court order under paragraph (3); exceeds "(B) the amount of the resources otherwise available to the community spouse (determined without regard to such an allowance). "(3) TRANSFERS UNDER COURT ORDERS.—If a court has entered an order against an institutionalized spouse for the support of the community spouse, section 1917 shall not apply to amounts of resources transferred pursuant to such order for the support of the spouse of a family member (as defined in subsection (d)(D). "(g) INDEXING DOLLAR AMOUNTS.—For services furnished during a calendar year after 1989, the dollar amounts specified in subsections (d)(3)(C), (f)(2)(A)(i), and (f)(2)(A)(iiXII) shall be increased by the same percentage as the percentage increase in the consumer price index for all urban consumers (all items; U.S. city average) between September 1988 and the September before the calendar year involved. "(h) DEFINITIONS.—In this section: "(1) The term 'institutionalized spouse' means an individual who— "(A) is in a medical institution or nursing facility or who (at the option of the State) is described in section 1902(a)(10XAXiiXVI), and "(B) is married to a spouse who is not in a medical institution or nursing facility; but does not include any such individual who is not likely to meet the requirements of subparagraph (A) for at least 30 consecutive days. "(2) The term 'community spouse* means the spouse of an institutionalized spouse.". (2) Section 1919(c)(l)(B)(i) (42 U.S.C. 1396r(c)(l)(B)(i)) is amended by inserting "and of the requirements and procedures for establishing eligibility for medical assistance under this title, including the right to request an assessment under section 1924(c)(l)(B)" before the semicolon, (b) TAKING INTO ACCOUNT CERTAIN TRANSFERS OF ASSETS.—Subsec-

State and local governments.

tion (c) of section 1917 (42 U.S.C. 1396p) is amended to read as follows: "(c)(1) In order to meet the requirements of this subsection (for purposes of section 1902(a)(51XB)), the State plan must provide for a

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