Page:United States Statutes at Large Volume 81.djvu/778

 744 Separability clause.

PUBLIC LAW 90-227-DEC. 27, 1967

[81 STAT.

SEC. 1102. If any provision of or any amendment made by this Act or the application thereof to any person or circimistance is held invalid, the other provisions of or other amendments made by this Act and the application of such provisions and amendments to other persons or circumstances shall not be affected thereby. Approved December 27, 1967, 3:05 p.m.

Public Law 90-227 December 27, 1967

[H. R. 10964]

District of Columbia, medical assistance program. Federal aid. 79 Stat. 343. 42 USC 1396.

Establishment.

Definitions.

AN ACT

PJIQ enable the District of Columbia to receive Federal financial assistance under title XIX of the Social Security Act for a medical assistance program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Commissioner of the District of Columbia (hereafter in this Act referred to as the "Commissioner") may submit under title X IX of the Social Security Act to the Secretary of Health, Education, and Welfare (hereafter in this Act referred to as the "Secretary") a plan for medical assistance (and any modifications of such plan) to enable the District of Columbia to receive Federal financial assistance under such title for a medical assistance program established by the Commissioner under such plan. (b)(1) Notwithstanding any other provision of law, the Commissioner may take such action as may be necessary to submit such plan to the Secretary and to establish and carry out such medical assistance program, except that in prescribing the standards for determining eligibility for and the extent of medical assistance under the District of Columbia's plan for medical assistance, the Commissioner may not (except to the extent required by title X IX of the Social Security Act)— (A) prescribe maximum income levels for recipients of medical assistance under such plan which exceed (i) the title X IX maximum income levels if such levels are in effect, or (ii) the Commissioner's maximum income levels for the local medical assistance program if there are no title X IX maximum income levels in effect; or (B) prescribe criteria which would permit an individual or family to be eligible for such assistance if such individual or family would be ineligible, solely by reason of his or its resources, for medical assistance both under the plan of the State of Maryland approved under title X IX of the Social Security Act and under the plan of the State of Virginia approved under such title. (2) For purposes of subparagraph (A) of paragraph (1) of this subsection— (A) the term "title X IX maximum income levels" means any maximum income levels which may be specified by title X IX of the Social Security Act for recipients of medical assistance under State plans approved under that title; (B) the term "the Commissioner's maximum income levels for the local medical assistance program" means the maximum income levels prescribed for recipients of medical assistance under the District of Columbia's medical assistance program in effect in the fiscal year ending June 30, 1967; and (C) during any of the first four calendar quarters in which medical assistance is provided under such plan there shall be

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