Page:United States Statutes at Large Volume 111 Part 1.djvu/547

 PUBLIC LAW 105-33—AUG. 5, 1997 inserting "failure, conversion, or provision of counsel or assistance by any other person". SEC. 4735. TREATMENT OF CERTAIN SETTLEMENT PAYMENTS. (a) IN GENERAL. —Notwithstanding any other provision of law, the payments described in subsection (b) shall not be considered income or resources in determining eligibility for, or the amount of benefits under, a State plan of medical assistance approved under title XIX of the Social Security Act. (b) PAYMENTS DESCRIBED.— The payments described in this subsection are— (1) pa5nnents made from any fund established pursuant to a class settlement in the case of Susan Walker v. Bayer Corporation, et al., 96-C-5024 (N.D. 111.); and (2) payments made pursuant to a release of all claims in a case— (A) that is entered into in lieu of the class settlement referred to in paragraph (1); and (B) that is signed by all affected parties in such case on or before the later of— (i) December 31, 1997, or (ii) the date that is 270 days after the date on which such release is first sent to the persons (or the legal representative of such persons) to whom the payment is to be made. CHAPTER 5—BENEFITS 111 STAT. 523 SEC. 4741. ELIMWATION OF REQUIREMENT TO PAY FOR PRIVATE INSURANCE. (a) REPEAL OF STATE PLAN PROVISION.— Section 1902(a)(25) (42 U.S.C. 1396a(a)(25)) is amended— (1) by striking subparagraph (G); and (2) by redesignating subparagraphs (H) and (I) as subparagraphs (G) and (H), respectively. (b) MAKING PROVISION OPTIONAL.— Section 1906 (42 U.S.C. 1396e) is amended— (1) in subsection (a)— (A) by striking "For purposes of section 1902(a)(25)(G) and subject to subsection (d), each" and inserting "Each"; (B) in paragraph (1), by striking "shall" and inserting "may"; and (C) in paragraph (2), by striking "shall" and inserting "may^'; and (2) by striking subsection (d). (c) EFFECTIVE DATE. —The amendments made by this section shall take effect on the date of the enactment of this Act. 42 USC 1396a note. SEC. 4742. PHYSICIAN QUALIFICATION REQUIREMENTS. (a) IN GENERAL.— Section 1903(i) (42 U.S.C. 1396b(i)) is amended by striking paragraph (12). (b) EFFECTIVE DATE. —The amendment made by subsection (a) 42 USC I396a shall apply to services furnished on or after the date of the enactment of this Act. note.

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