Page:United States Statutes at Large Volume 122.djvu/2415

 12 2 STA T . 2 39 2 PUBLIC LA W 11 0– 2 5 2 —J U NE 30, 200 8foral l such o t h e r S tates , toe n roll m entofa p pro xi- matel y , b ut not less than, the follo w in g percentage of enrollees, in the aggregate for all such other States, by the en d of the fiscal year in v olved

‘ (I)12.5 percent by the end of fiscal year 2 0 0 9 . ‘‘(II) 25 percent by the end of fiscal year 2010. ‘‘(III) 50 percent by the end of fiscal year 2011. ‘‘(I V ) 7 5 percent by the end of fiscal year 2012. ‘‘(V) 100 percent by the end of fiscal year 201 3 . ‘‘( B ) CONSIDERAT ION. — In selecting States under subparagraph ( A )(ii), the Secretary shall consult with the States involved and ta k e into account the feasibility of implementing asset verification programs in each such State. ‘‘(C) STATES S P E C I F IED.— T he States specified in this subparagraph are California, N ew Y ork, and New J ersey. ‘‘( D ) CONSTR U CTION.—Nothing in subparagraph (A)(ii) shall be construed as preventing a State from re q uesting, and the Secretary from approving, the implementation of an asset verification program in advance of the deadline otherwise established under such subparagraph. ‘‘( 4 ) EX E M PTION OF TERRITORIES.—This section shall only apply to the 50 States and the District of Columbia. ‘‘(b) ASSET VERIFICATION P RO G RAM.— ‘‘(1) IN GENERA L .— F or purposes of this section, an asset verification program means a program described in paragraph (2) under which a State— ‘‘(A) requires each applicant for, or recipient of, medical assistance under the State plan under this title on the basis of being aged, blind, or disabled to provide authori z a- tion by such applicant or recipient (and any other person whose resources are required by law to be disclosed to determine the eligibility of the applicant or recipient for such assistance) for the State to obtain (sub j ect to the cost reimbursement requirements of section 1115(a) of the R ight to Financial Privacy Act but at no cost to the applicant or recipient) from any financial institution (within the meaning of section 1101(1) of such Act) any financial record (within the meaning of section 1101(2) of such Act) held by the institution with respect to the applicant or recipient (and such other person, as applicable), whenever the State determines the record is needed in connection with a determination with respect to such eligibility for (or the amount or extent of) such medical assistance and ‘‘(B) uses the authorization provided under subpara- graph (A) to verify the financial resources of such applicant or recipient (and such other person, as applicable), in order to determine or redetermine the eligibility of such applicant or recipient for medical assistance under the State plan. ‘‘(2) PROGRAM DESCRI B ED.—A program described in this paragraph is a program for verifying individual assets in a manner consistent with the approach used by the Commissioner of Social Security under section 1 6 31(e)(1)(B)(ii). ‘‘(c) DURATION OF AUT H ORI Z ATION.—Notwithstanding section 1104(a)(1) of the Right to Financial Privacy Act, an authorization Consulta t i on .

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