Page:United States Statutes at Large Volume 122.djvu/2530

 12 2 STA T . 2 507PUBLIC LA W 110 – 275 —J UL Y 15, 200 8(b)EF F ECTIV E DA TE .—Theam e nd men ts made b y th i sse c ti o n sha l la p plytos u bsidies f o r months be g inning w ith J anuary 20 0 9 . SEC.1 1 5 .E LIM I NAT IN G A P PLICATI O NO F ESTATE R ECO V ER Y . (a) ING ENE R A L .— S ection 1 91 7 (b)(1)( B )(ii) of the Social Security A ct( 4 2 U .S. C . 1 3 9 6 p(b)(1)(B)(ii)) is amended by inserting ‘ ‘(but not including medical assistance for medicare cost - sharing or for benefits described in section 1902(a)(10)(E)) ’ ’ before the period at the end. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall ta k e effect as of January 1 , 2010. SEC. 11 6 .E X EMPTIONS FROM INCOME AN D RESO U RCES FOR DETER - MINATION OF ELIGI B ILITY FOR LO W -INCOME SUBSIDY. (a) IN GENERAL.—Section 1 8 60D – 14(a)(3) of the Social Security Act (42 U.S.C. 139 5 w–114(a)(3)) is amended— (1) in subparagraph (C)(i), by inserting ‘‘and e x cept that support and maintenance furnished in kind shall not be counted as income’’ after ‘‘section 1902(r)(2)’’ (2) in subparagraph (D), in the matter before clause (i), by inserting ‘‘sub j ect to the life insurance policy exclusion pro- v ided under subparagraph (G)’’ before ‘‘)’’; (3) in subparagraph (E)(i), in the matter before subclause (I), by inserting ‘‘subject to the life insurance policy exclusion provided under subparagraph (G)’’ before ‘‘)’’; and (4) by adding at the end the following new subparagraph

‘‘(G) L IFE IN SU RANCE PO LIC Y E X CLUSION.—In deter- mining the resources of an individual (and the eligible spouse of the individual, if any) under section 1613 for purposes of subparagraphs (D) and (E) no part of the value of any life insurance policy shall be taken into account.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall take effect with respect to applications filed on or after January 1, 2010. SEC. 11 7 . J UDICIAL REVIEW OF DECISIONS OF T H E COMMISSIONER OF SOCIAL SECURITY UNDER THE MEDICARE PART D LOW- INCOME SUBSIDY PROGRAM. (a) IN GENERAL.—Section 1860D–14(a)(3)(B)(iv) of the Social Security Act (42 U.S.C. 1395w–114(a)(3)(B)(iv)) is amended— (1) in subclause (I), by striking ‘‘and’’ at the end; (2) in subclause (II), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following new subclause: ‘‘(III) judicial review of the final decision of the Commissioner made after a hearing shall be available to the same extent, and with the same limitations, as provided in subsections (g) and (h) of section 205.’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect as if included in the enactment of section 101 of the M edicare P rescription Drug, Improvement, and Mod- erni z ation Act of 2003. SEC. 11 8 . TRANSLATION OF MODEL FORM. (a) IN GENERAL.—Section 1905(p)(5)(A) of the Social Security Act (42 U.S.C. 1396d(p)(5)(A)) is amended by adding at the end 42USC1395w– 114 note. 42 USC 1395w–114 note. 42 USC 139 6p note. 42 USC 1395w–113 note.

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