Page:United States Statutes at Large Volume 124.djvu/302

 124 STAT. 276 PUBLIC LAW 111–148—MAR. 23, 2010 for medical assistance under the State plan or under a waiver of the plan at the option of the State and whose income exceeds 133 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved if, on or after December 31, 2010, the State certifies to the Secretary that, with respect to the State fiscal year during which the certifi- cation is made, the State has a budget deficit, or with respect to the succeeding State fiscal year, the State is projected to have a budget deficit. Upon submission of such a certification to the Secretary, the requirement under paragraph (1) shall not apply to the State with respect to any remaining portion of the period described in the preceding sentence. ‘‘(4) DETERMINATION OF COMPLIANCE.— ‘‘(A) STATES SHALL APPLY MODIFIED GROSS INCOME.— A State’s determination of income in accordance with sub- section (e)(14) shall not be considered to be eligibility stand- ards, methodologies, or procedures that are more restrictive than the standards, methodologies, or procedures in effect under the State plan or under a waiver of the plan on the date of enactment of the Patient Protection and Afford- able Care Act for purposes of determining compliance with the requirements of paragraph (1), (2), or (3). ‘‘(B) STATES MAY EXPAND ELIGIBILITY OR MOVE WAIVERED POPULATIONS INTO COVERAGE UNDER THE STATE PLAN.—With respect to any period applicable under para- graph (1), (2), or (3), a State that applies eligibility stand- ards, methodologies, or procedures under the State plan under this title or under any waiver of the plan that are less restrictive than the eligibility standards, meth- odologies, or procedures, applied under the State plan or under a waiver of the plan on the date of enactment of the Patient Protection and Affordable Care Act, or that makes individuals who, on such date of enactment, are eligible for medical assistance under a waiver of the State plan, after such date of enactment eligible for medical assistance through a State plan amendment with an income eligibility level that is not less than the income eligibility level that applied under the waiver, or as a result of the application of subclause (VIII) of section 1902(a)(10)(A)(i), shall not be considered to have in effect eligibility standards, methodologies, or procedures that are more restrictive than the standards, methodologies, or procedures in effect under the State plan or under a waiver of the plan on the date of enactment of the Patient Protec- tion and Affordable Care Act for purposes of determining compliance with the requirements of paragraph (1), (2), or (3).’’. (c) MEDICAID BENCHMARK BENEFITS MUST CONSIST OF AT LEAST MINIMUM ESSENTIAL COVERAGE.—Section 1937(b) of such Act (42 U.S.C. 1396u–7(b)) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting ‘‘subject to paragraphs (5) and (6),’’ before ‘‘each’’; (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting ‘‘subject to paragraphs (5) and (6)’’ after ‘‘sub- section (a)(1),’’;