Page:United States Statutes at Large Volume 107 Part 1.djvu/653

 PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 627 (i) by striking "(A)"; and (ii) by striking ", and (B)" and all that follows and inserting a semicolon; and (C) by striking subsection (k). (2) Section 1924(b)(2)(B)(i) (42 U.S.C. 1396r-5(b)(2)(B)(i)) is amended by striking *'1902(k)'' and inserting "igiTCd)". (e) EFFECTIVE DATES. —<1) The amendments made by this sec- 42 USC I396p tion shall apply, except as provided in this subsection, to payments ^''^- under title XDC of the Social Seciuity Act for calendar quarters beginning on or after October 1, 1993, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) The amendments made by this section shall not apply— (A) to medical assistance provided for services furnished before October 1, 1993, (B) with respect to assets disposed of on or before the date of the enactment of this Act, or (C) with respect to trusts established on or before the date of the enactment of this Act. (3) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Himian Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendment made by subsection (b), the State plan shall not be regarded as failing to comply with the requirements imposed by such amendment solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2- year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 13612. MEDICAID ESTATE RECOVERIES. (a) MANDATE TO SEEK RECOVERY.—Section 1917(b)(l) (42 U.S.C. 1396p<bXl)) is amended by striking "except—" and all that follows and inserting the following: "except that the State shall seek adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan in the case of the following individuals: "(A) In the case of an individual described in subsection (a)(l)(B), the State shall seek a4justment or recovery from the individual's estate or upon sale of the property subject to a lien imposed on account of medical assistance paid on behalf of the individual. "(B) In the case of an individual who was 55 years of age or older when the individual received such medical assistance, the State shall seek adjustment or recovery from the individual's estate, but only for medical assistance consisting of— "(i) nursing facility services, home and commiuiity- based services, and related hospital and prescription drug services, or "(ii) at the option of the State, any items or services under the State plan.

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