Page:United States Statutes at Large Volume 102 Part 1.djvu/801

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PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 763

(e) CoNFORBtiNG AMENDMENT.—Section 1902 (42 U.S.C. 1396a), as amended by the amendment made by section 411(n)(3) of this Act, is (1) in subsection (a)(lOXCXiXni), by striking "the same" each place it appears and inserting "no more restrictive than the"; (2) by striking "and" at the end of subsection (a)(49); (3) by striking the period at the end of subsection (a)(50) and inserting "; and'; (4) by inserting after paragraph (50) of subsection (a) the following new paragraph: "(51XA) meet the requirements of section 1924 (relating to protection of conmiunity spouses), and (B) meet the requirement of section 1917(c) (relating to transfer of assets)."; and (5) in subsection (r), as added by subsection id)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, (B) by inserting "(1)"^' after "(r)", and (C) by adding at the end the following new paragraph: "(2)(A) The methodology to be employed in determining income and resource eligibili^ for individuals under subsection (a)(lOXAXiXm), (a)(lOXAXiXIV), (a)(lOXAXii), (a)(lOXCXiXIH), or under subsection (f) may be less restrictive, and shall be no more restrictive, than the methodology— "(i) in the case of groups consisting of aged, blind, or disabled Blind persons. individuals, under the supplemental security income program Handicapped persons. under title XVI, or "(ii) in the case of other groups, under the State plan most closely cat^orically related. "(B) For purposes of this subsection and subsection (a)(10), methodology is considered to be 'no more restrictive' if, using the methodol<^y, additional individuals may be eligible for medical assistance and no individuals who are otherwise eligible are made ineligible for such assistance.". (f) TREATMENT OF HOMESTEAD EXEMPTION IN MISSOURI.—The State

medical assistance plan of Missouri shall not be in compliance with the requirements of title XIX of the Social Security Act as of October 1, 1989, unless such pkui is amended to provide that, in determining the resources of any aged, blind, or disabled individual in the State who applies for medical assistance under such plan on or after such date, the State will not consider the home of the individual as a resource, r^ardless of the value of the home. (g) EFFECTIVE DATE.—

(I)(A) The amendments made by this section apply (except as provided in this subsection) to payments under title XIX of the Social Security Act for calendar quarters beginning on or after September 30, 1989, without r^ard to whether or not final regulations to carry out such amendments have been promulgated by such date. (B) Section 1924 of the Social Security Act (as inserted by subsection (a)) shall only apply to institutionalised individuals who b ^ i n continuous periods of institutionalization on or after September 30, 1989, except that subsections (b) and (d) of such section (and so much of subsection (e) of such section as relates to such other subsections) shall apply as of such date to individuals institutionalized on or after such date. (2)(A) The amendment made by subsection (b) and section 1902(a)(51)(B) of the Social Security Act, apply (except as pro-

Blind persons. Handicapped persons.

42 USC 1396r-5 note.

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