Page:United States Statutes at Large Volume 124.djvu/306

 124 STAT. 280 PUBLIC LAW 111–148—MAR. 23, 2010 by a State to determine income eligibility for medical assist- ance under the State plan or under any waiver of such plan or for any other purpose applicable under the plan or waiver for which a determination of income is required. ‘‘(C) NO ASSETS TEST.—A State shall not apply any assets or resources test for purposes of determining eligi- bility for medical assistance under the State plan or under a waiver of the plan. ‘‘(D) EXCEPTIONS.— ‘‘(i) INDIVIDUALS ELIGIBLE BECAUSE OF OTHER AID OR ASSISTANCE, ELDERLY INDIVIDUALS, MEDICALLY NEEDY INDIVIDUALS, AND INDIVIDUALS ELIGIBLE FOR MEDICARE COST-SHARING.—Subparagraphs (A), (B), and (C) shall not apply to the determination of eligibility under the State plan or under a waiver for medical assistance for the following: ‘‘(I) Individuals who are eligible for medical assistance under the State plan or under a waiver of the plan on a basis that does not require a determination of income by the State agency administering the State plan or waiver, including as a result of eligibility for, or receipt of, other Federal or State aid or assistance, individuals who are eligible on the basis of receiving (or being treated as if receiving) supplemental security income benefits under title XVI, and individuals who are eligible as a result of being or being deemed to be a child in foster care under the responsibility of the State. ‘‘(II) Individuals who have attained age 65. ‘‘(III) Individuals who qualify for medical assistance under the State plan or under any waiver of such plan on the basis of being blind or disabled (or being treated as being blind or disabled) without regard to whether the individual is eligible for supplemental security income bene- fits under title XVI on the basis of being blind or disabled and including an individual who is eligible for medical assistance on the basis of sec- tion 1902(e)(3). ‘‘(IV) Individuals described in subsection (a)(10)(C). ‘‘(V) Individuals described in any clause of sub- section (a)(10)(E). ‘‘(ii) EXPRESS LANE AGENCY FINDINGS.—In the case of a State that elects the Express Lane option under paragraph (13), notwithstanding subparagraphs (A), (B), and (C), the State may rely on a finding made by an Express Lane agency in accordance with that paragraph relating to the income of an individual for purposes of determining the individual’s eligibility for medical assistance under the State plan or under a waiver of the plan. ‘‘(iii) MEDICARE PRESCRIPTION DRUG SUBSIDIES DETERMINATIONS.—Subparagraphs (A), (B), and (C) shall not apply to any determinations of eligibility for premium and cost-sharing subsidies under and in