Page:United States Statutes at Large Volume 102 Part 3.djvu/436

 102 STAT. 2388

Classified information.

PUBLIC LAW 100-485—OCT. 13, 1988 "(iii) QUARTERLY INCOME REPORTING AND TEST.—The extension under this subsection shall terminate at the close of the 1st or 4th month of the 6-month period if— "(I) the family fails to report to the State, by the 21st day of such month, the information required under paragraph (2)(B)(ii), unless the family has established, to the satisfaction of the State, good cause for the failure to report on a timely basis; "(11) the caretaker relative had no earnings in one or more of the previous 3 months, unless such lack of any earnings was due to an involuntary loss of employment, illness, or other good cause, established to the satisfaction of the State; or "(III) the State determines that the family's average gross monthly earnings (less such costs for such child care as is necessary for the emplo3ment 'H of the caretaker relative) during the immediately preceding 3-month period exceed 185 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation-Act of 1981) applicable to a family of the size involved. Information described in clause (iiiXD shall be subject to the restrictions on use and disclosure of information provided under section 402(a)(9). Instead of terminating a family's extension under clause (iiiXD, a State, at its option, may provide for suspension of the extension until the month after the month in which the family reports information required under paragraph (2)(B)(ii), but only if the family's extension has not otherwise been terminated under subclause (II) or (III) of clause (iii). The State shall make determinations under clause (iiiXIII) for a family each time a report under paragraph (2)(B)(ii) for the family is received. "(B) NOTICE BEFORE TERMINATION.—No termination of assistance shall become effective under subparagraph (A) until the State has provided the family with notice of the grounds for the termination, which notice shall include (in the case of termination under subparagraph (A)(iiiXII), relating to no continued earnings) a description of how the family may reestablish eligibility for medical assistance under the State plan. "(C) CONTINUATION IN CERTAIN CASES UNTIL REDETERMINATION.— "(i) DEPENDENT CHILDREN.—With respect to a child

who would cease to receive medical assistance because of subparagraph (A)(i) but who may be eligible for assistance under the State plan because the child is described in clause (i) or (v) of section 1905(a), the State may not discontinue such assistance under such subparagraph until the State has determined that the child is not eligible for assistance under the plan, "(ii) MEDICALLY NEEDY.—With respect to an individual who would cease to receive medical assistance because of clause (ii) or (iii) of subparagraph (A) but who may be eligible for assistance under the State plan because the individual is within a category of person

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