Page:United States Statutes at Large Volume 102 Part 1.djvu/845

 PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 807

(n) CORRECTIONS TO CERTAIN HEALTH-RELATED PROVISIONS IN TITLE

IX.(1) SECTION 9010.—The last sentence of section 226fla) of the Socisd Security Act, as added by section 9010(e)(3) of OBRA, is amended to read as follows: "In determining when an individual's entitlement or status terminates for purposes of the preceding sentence, the term '36 months' in the second sentence of section 223(a)(l), in section 202(d)(l)(G)(i), in the last sentence of section 202(e)(l), and in the last sentence of section 202(fKl) shall be applied as though it read '15 months'.". (2) SECTION 9115.—Section 9115(b) of OBRA is amended by striking "1902a)" and inserting "1902(o)". (3) SECTION 9II9.—Section 9119 of OBRA is amended by adding at the end the following new subsection:

42 USC 426.

42 USC 1396a. 42 USC 1396a note.

"(d) CONFORMING AMENDMENTS TO MEDICAID PROGRAM FOR THE MEDICALLY NEEDY.—(1) Section 1902 of the Social Security Act (42

U.S.C. 1396a) is amended— "(A) in subsection (a)— "(i) by striking 'and' at the end of paragraph (48), "(ii) by striking the period at the end of paragraph (49) and inserting '; and', and "(iii) by inserting after paragraph (49) the following new paragraph: " '(50) provide, in accordance with subsection (q), for a monthly personal needs allowance for certain institutionalized individuals and couples.'; and "(B) by adding at the end the following new subsection: " '(q)(l)(A) In order to meet the requirement of subsection (a)(50), the State plan must provide that, in the case of an institutionadized individual or couple described in subparagraph (B), in determining the amount of the individual's or couple's income to be applied monthly to payment for the cost of care in an institution, there shall be deducted from the monthly income (in addition to other allowances otherwise provided under the State plan) a monthly personal needs allowance— " *(i) which is reasonable in amount for clothing and other personal needs of the individual (or couple) while in an institution, and " '(ii) which is not less (and may be greater) than the minimum monthly personal needs allowance described in paragraph (2). " '(B) In this subsection, the term "institutionalized individual or couple" means an individual or married couple— " '(i) who is an inpatient (or who are inpatients) in a medical institution or nursing facility for which payments are made under this title throughout a month, and " '(ii) who is or are determined to be eligible for medical assistance under the State plan. " '(2) The minimum monthly personal needs allowance described in this paragraph is $30 for an institutionalized individual and $60 for an institutionalized couple (if both are aged, blind, or disabled, and their incomes are considered available to each other in determining eligibility).'. "(2) The amendments made by paragraph (1) apply to payments under title XIX of the Social Security Act for calendar quarters beginning on or after July 1, 1988, without regard to whether or not

State and local governments.

Blind persons. Handicapped persons.

42 USC 1396a note.

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