Page:United States Statutes at Large Volume 102 Part 4.djvu/835

 PUBLIC LAW 100-647—NOV. 10, 1988

102 STAT. 3805

(3) in subsection (f), by striking "within 3 years after the effective date of final rc^gulations implementing this section" and inserting 'l>y January 1, 1990". (b) EKFKUI'IVB DATE.—The amendments made by subsection (a) 42 USC i396r-3. shall become effective on the date of the enactment of this Act, and shall apply to any proceeding where there has not yet been a final determination by l^e Secretary (as defined for purposes of judicial review) as of the date of the ens^;tment of this Act. SEC 8434. CORRECTION RELATING TO MEDICARE BUY-IN. (a) IN GraraRAL.—Section 1905(p)(l) of the Social Security Act (42 U.S.C. 1396d(p)(l)) is amended by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (O, respectively. (b) CONFORMING AMENDMENTS.—

(1) Section 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is amended, in the subdivision (VHI) following subparagraph (E), by inserting "who is only entitled to medical assistance because ^ e individual is such a beneficiary" after "1905(p)(l)". (2) Section 1902(m)(4)(A) of such Act (42 U.S.C. 1396a(m)(4)(A)) is amended by striking "1905(p)(l)(C)" and inserting "1905(p)(l)(B)". (3) Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended, in the matter before clause (i), by striking "in the case of a qualified medicare beneficiary" and inserting "in the case of medicare cost-sharing with respect to a qualified medicare beneficiary**. (4) Section 1905(p)(2)(A) of such Act (42 U.S.C. 1396d(p)(2)(A)), as amended by section 608(d)(14) of the Family Support Act of 1988, is amended by striking "(I)(C)" and inserting "(I)(B)". (c) EIFVHCTIVE DATE.—The amendment made by this section shall 42 USC 1396a be effective as if included in the enactment of section 301 of the note. Medicare Catastrophic Coverage Act of 1988. SEC 8435. CLARIFICATION OF FEDERAL FINANCIAL PARTiaPATION FOR CASE-MANAGEMENT SERVICES.

The Secretary of Health and Human Services may not fail or refiise to approve an amendment to a State plan under title XIX of the Social Security Act that provides for coverage of case-management services described in section 1915(g)(2) of such Act, or to deny payment to a State for such services under section 1903(a)(l) of such Act on the basis that a State is required to provide such services under State law or on the basis that the State had paid or is payii^ for such services from non-Federal funds before or after Apnl 7, 1986. Nothing in this section shall be construed as requiring the Secretary to make payment to a State under section 1903(a)(l) of such Act for such case-management services which are provided without charge to the users of such services.

State and local governments. 42 USC 1396a note.

SEC. 8436. DETERMINATION OF PREMIUM AMOUNTS FOR EXTENDED MEDICAL ASSISTANCE. (a) TAKING INTO ACCOUNT CHILD CARE COSTS.—Section

1925(d)(5)(C) of the Social Security Act, as inserted by section 303(a)(l) of the Family Support Act of 1988, is amended by inserting 42 USC i396r-6. "Qess the average monthly costs for such child care as is necessary for the employment of the caretaker relative)" sdfter "gross monthly earnings".

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