Page:United States Statutes at Large Volume 104 Part 2.djvu/601

 •••• -'^%rJ. PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-193 SEC. 4717. CLARIFYING EFFECT OF HOSPICE ELECTION. Section 1905(o)(l)(A) (42 U.S.C. 1396d(o)(l)(A)) is amended by inserting "and for which payment may otherwise be made under title XVIII" after "described in section 1812(d)(2)(A)". SEC. 4718. MEDICALLY NEEDY INCOME LEVELS FOR CERTAIN 1-MEMBER 42 USC 1396b FAMILIES. note (a) IN GENERAL.—For purposes of section 1903(f)(1)(B), for pay- ments made before, on, or after the date of the enactment of this Act, a State described in subparagraph (B) may use, in determining the "highest amount which would ordinarily be paid to a family of the same size" (under the State's plan approved under part A of title IV of such Act) in the case of a family consisting only of one individual and without regard to whether or not such plan provides for aid to families consisting only of one individual, an amount reasonably related to the highest money payment which would ordinarily be made under such a plan to a family of two without income or resources. (b) STATES COVERED.—Subsection (a) shall only apply to a State the State plan of which (under title XIX of the Social Security Act) as of June 1, 1989, provided for the policy described in such paragraph. For purposes of the previous sentence, a State plan includes all the matter included in a State plan under section 2373(c)(5) of the Deficit Reduction Act of 1984 (as amended by section 9 of the Medicare and Medicaid Patient and Program Protection Act of 1987). SEC. 4719. CODIFICATION OF COVERAGE OF REHABILITATION SERVICES. (a) IN GENERAL.— Section 1905(a)(13) (42 U.S.C. 1396d(a)(13)) is amended by inserting before the semicolon at the end the following: ", including any medical or remedial services (provided in a facility, a home, or other setting) recommended by a physician or other licensed practitioner of the healing arts within the scope of their practice under State law, for the maximum reduction of physical or mental disability and restoration of an individual to the best pos- • sible functional level". (b) EFFECTIVE DATE.— The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 4720. PERSONAL CARE SERVICES FOR MINNESOTA. (a) CLARIFICATION OF COVERAGE.— In applying section 1905 of the Social Security Act with respect to Minnesota, medical assistance shall include payment for personal care services described in subsection (b). (b) PERSONAL CARE SERVICES DEFINED.— For purposes of this sec- 42 USC I396d tion, the term "personal care services" means services— ^°*®- (1) prescribed by a physician for an individual in accordance with a plan of treatment, (2) provided by a person who is qualified to provide such services who is not a member of the individual's family, (3) supervised by a registered nurse, and (4) furnished in a home or other location; but does not include such services furnished to an inpatient or resident of a hospital or nursing facility. (c) EFFECTIVE DATE.—This section shall take effect on the date of the enactment of this Act and shall apply with respect to—

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