Page:United States Statutes at Large Volume 103 Part 3.djvu/204

 103 STAT. 2272 PUBLIC LAW 101-239—DEC. 19, 1989 of such Act (42 U.S.C. 1396r-5) are amended by inserting "or redetermined" after "determined". 42 USC 1396a (4) EFFECTIVE DATES. — "°** - (A) SPOUSAL TRANSFERS.—The amendments made by para- graph (1) shall apply to transfers occurring after the date of the enactment of tlus Act. (B) OTHER AMENDMENTS.— E lxcept as provided in subpara- graph (A), the amendments made by this subsection shall apply as if included in the enactment of section 303 of the Medicare Catastrophic Coverage Act of 1988. (f) EXTENSION OF WAIVER FOR HEALTH INSURING ORGANIZATION.— ' The Secretary of Health and Human Services shall continue to waive, through June 30, 1992, the application of section 1903(m)(2)(A)(ii) of the Social Security Act to the Tennessee Primary Care Network, Inc., under the same terms and conditions as applied to such waiver as of July 1, 1989. 42 USC 1396b (g) DAY HABIIITATION AND RELATED SERVICES.— ^°^' (1) PROHIBITION OF DISALLOWANCE PENDING ISSUANCE OF REGU- LATIONS.—Except as specifically permitted under paragraph (3), the Secretary of Health and Human Services may not— (A) withhold, suspend, disallow, or deny Federal financial psuiidpation under section 1903(a) of the Social Security Act for day habilitation and related services under para- graph (9) or (13) of section 1905(a) of such Act on behalf of persons with mental retardation or with related conditions pursuant to a provision of its State plan as approved on or before June 30, 1989, or (B) withdraw Federal approval of any such State plan provision. (2) REQUiREBfENTS FOR REGULATION. —A final regulation de- scribed in this paragraph is a r^^ation, promulgated after a notice of proposed rule-making and a period of at least 60 days for public comment, that— (A) specifies the types of day habilitation and related services that a State may cover under paragraph (9) or (13) of section 1905(a) of the Social Security Act on behalf of { persons with mental retardation or with related conditions, ^ and (B) any requirements respecting such coverage. (3) PROSPECTIVE APPLICATION OF REGULATION.—I f the Sec- ^ retaxy promulgates a final r^ulation described in paragraph (2) ' and the Secretary determines that a State plan under title XIX of the Social Security Act does not comply with such regulation, 1 the Secretary shall notify the State of the determination and its -^u- basis, and such determination shall not apply to day habili- tation and related services furnished before uie first day of the first calendar quarter beginning after the date of the notice to the State, (h) MORATORIUM ON ISSUANCE OF FINAL REGULATION ON MEDI- CALLY NEEDY INCOME LEVELS FOR CERTAIN 1-MEMBER FAMIUES.— The Secretary of Health and Human Services may not issue in final form, before December 31, 1990, any r^^ation implementing the ' proposed r^ulation published on September 26, 1989 (54 Federal Raster 39421) insofar as such regulation changes the method for establishing the medically needy income level for single individuals in any State (including the proposed change to section 435.1007(a)(l) oftitle42, Code of Federal R^ulations). ,

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