Page:United States Statutes at Large Volume 117.djvu/2129

 117 STAT. 2110

PUBLIC LAW 108–173—DEC. 8, 2003 ‘‘(v) TREATMENT OF MEDICAID BENEFICIARIES.— Subject to subparagraph (F), the Secretary— ‘‘(I) shall provide that part D eligible individuals who are full-benefit dual eligible individuals (as defined in section 1935(c)(6)) or who are recipients of supplemental security income benefits under title XVI shall be treated as subsidy eligible individuals described in paragraph (1); and ‘‘(II) may provide that part D eligible individuals not described in subclause (I) who are determined for purposes of the State plan under title XIX to be eligible for medical assistance under clause (i), (iii), or (iv) of section 1902(a)(10)(E) are treated as being determined to be subsidy eligible individuals described in paragraph (1). Insofar as the Secretary determines that the eligibility requirements under the State plan for medical assistance referred to in subclause (II) are substantially the same as the requirements for being treated as a subsidy eligible individual described in paragraph (1), the Secretary shall provide for the treatment described in such subclause. ‘‘(C) INCOME DETERMINATIONS.—For purposes of applying this section— ‘‘(i) in the case of a part D eligible individual who is not treated as a subsidy eligible individual under subparagraph (B)(v), income shall be determined in the manner described in section 1905(p)(1)(B), without regard to the application of section 1902(r)(2); and ‘‘(ii) the term ‘poverty line’ has the meaning given such term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section. Nothing in clause (i) shall be construed to affect the application of section 1902(r)(2) for the determination of eligibility for medical assistance under title XIX. ‘‘(D) RESOURCE STANDARD APPLIED TO FULL LOWINCOME SUBSIDY TO BE BASED ON THREE TIMES RESOURCE STANDARD.—The resources requirement of

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this subparagraph is that an individual’s resources (as determined under section 1613 for purposes of the supplemental security income program) do not exceed— ‘‘(i) for 2006 three times the maximum amount of resources that an individual may have and obtain benefits under that program; and ‘‘(ii) for a subsequent year the resource limitation established under this clause for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of such previous year. Any resource limitation established under clause (ii) that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ‘‘(E) ALTERNATIVE RESOURCE STANDARD.— ‘‘(i) IN GENERAL.—The resources requirement of this subparagraph is that an individual’s resources (as determined under section 1613 for purposes of the

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