Page:United States Statutes at Large Volume 123.djvu/527

 123STA T .507PUBLIC LA W 111 – 5 —FE B. 17 , 200 9203(d) (2), 2 14 ( b ), 5 01(d)(2), an d 503(a)(1) oftheC h il d r en ’sH ealth I ns u ran c e P ro g ra mR eauthori z ation A ct of 200 9 (Public L a w 111 – 3), is amended — (A) b y redesignating sub p aragraphs (C) through (I), as subparagraphs ( D ) through ( J ), respecti v ely and ( B ) by inserting after subparagraph (B), the following new subparagraph

‘(C) S ection 1902(ff) (relating to disregard of certain property for purposes of ma k ing eligibility determina - tions) . ’’. (c) C ONTI N UA TION O F CU R R E NT LA W PROTE C TION S OF CERTAIN IN D IAN PRO P ERT YF RO MM EDICAID E STATE RECO V ERY.—Section 191 7 (b)(3) of the Social Security Act (42 U .S.C. 139 6 p(b)(3)) is amended— (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and (2) by adding at the end the following new subparagraph: ‘‘(B) T he standards specified by the Secretary under subparagraph (A) shall re q uire that the procedures estab- lished by the State agency under subparagraph (A) e x empt income, resources, and property that are exempt from the application of this subsection as of April 1, 2003, under manual instructions issued to carry out this subsection (as in effect on such date) because of the Federal responsi- bility for Indian Tribes and Alaska N ative V illages. Nothing in this subparagraph shall be construed as preventing the Secretary from providing additional estate recovery exemp- tions under this title for Indians.’’. (d) RU L ES APPLICA B LE UNDER MEDICAID AND C H IP TO MANA G ED CARE ENTITIES W ITH RESPECT TO INDIAN ENROLLEES AND INDIAN HEALTH CARE PROVIDERS AND INDIAN MANAGED CARE ENTITIES.— (1) IN GENERAL.—Section 1932 of the Social Security Act (42 U.S.C. 1396u–2) is amended by adding at the end the following new subsection: ‘‘(h) SPECIAL RULES WITH RESPECT TO INDIAN ENROLLEES, INDIAN HEALTH CARE PROVIDERS, AND INDIAN MANAGED CARE ENTI- TIES.— ‘‘(1) ENROLLEE OPTION TO SELECT AN INDIAN HEALTH CARE PROVIDER AS PRIMARY CARE PROVIDER.—In the case of a non- Indian Medicaid managed care entity that— ‘‘(A) has an Indian enrolled with the entity; and ‘‘(B) has an Indian health care provider that is partici- pating as a primary care provider within the network of the entity, insofar as the Indian is otherwise eligible to receive services from such Indian health care provider and the Indian health care provider has the capacity to provide primary care services to such Indian, the contract with the entity under section 1903(m) or under section 1905(t)(3) shall require, as a condition of receiving payment under such contract, that the Indian shall be allowed to choose such Indian health care provider as the Indian’s primary care provider under the entity. ‘‘(2) ASSURANCE OF PAYMENT TO INDIAN HEALTH CARE PRO- VIDERS FOR PROVISION OF COVERED SERVICES.—Each contract with a managed care entity under section 1903(m) or under section 1905(t)(3) shall require any such entity, as a condition of receiving payment under such contract, to satisfy the fol- lowing requirements: