Page:United States Statutes at Large Volume 90 Part 2.djvu/1217

 PUBLIC LAW 94-566—OCT. 20, 1976

90 STAT. 2 6 8 5

each fiscal year which begins after September 30, 1976, and ends prior to October 1, 1979, in carrying out the State plan approved pursuant to such subsection (b). " (2)(A) Of the funds paid by the Secretary with respect to costs, incurred in any State, to which paragraph (1) applies, not more than 10 per centum thereof shall be paid with respect to costs incurred with respect to activities described in subsection (b)(1)(A), (B), and (C). '•(B) Whenever there are provided pursuant to this section to any child services of a type which is appropriate for children who are not blind or disabled, there shall be disregarded for purposes of comp u t i n g any payment with respect thereto under this subsection, so much of the costs of such services as would have been incurred if the child involved h a d not been blind or disabled. " (C) The total amount payable under this subsection for any fiscal year, with respect to services provided in any State, shall be reduced by the amount by which the sum of the public funds expended (as determined by the Secretary) from non-Federal sources to r services of the type involved for such fiscal year is less than the sum of such funds expended from such sources for services of such type for the fiscal year ending June 30, 1976. " (3) Xo payment under this subsection with respect to costs incurred in providing services in any State for any fiscal year shall exceed a n amount which bears the same ratio to $30,000,000 as the under age 7 population of such State (and for purposes of this section the District of Columbia shall be regarded as a State) bears to the under age 7 population of the fifty States and the District of Columbia. The Secretary shall promulgate the limitation applicable to each State for each fiscal year under this paragraph on the basis of the most recent satisfactory data available from the Department of Commerce not later than 90 n o r earlier than 270 days before the beginning of such year." (b) PUBLICATION OF CRITERIA.—The Secretary shall, within 120 42 USC 1382d days after the enactment of this subsection, publish criteria to be note.

employed to determine disability (as defined in section 1614(a)(3) of the Social Security Act) in the case of persons who have not attained the age of 18. SEC. 502. INCOME OF EACH MEMBER OF MARRIED COUPLE TO BE APPLIED SEPARATELY IN DETERMINING SSI BENEFIT PAYMENTS WHEN ONE OF THEM IS IN AN INSTITUTION. Section 1611(e)(1)(B) (ii) of the Social Security Act is amended to read as follows: " ( i i) in the case of a n individual who has an eligible spouse, if only one of them is in such a hospital, home or facility throughout such month, at a rate not in excess of the sum of— " (I) the rate of $300 p e r year (reduced by the amount of any income, not excluded pursuant to section 1612(b), of the one who is in such hospital, home, or facility), and " ( II) the applicable rate specified in subsection (b)(1) (reduced by the amount of any income, not excluded pursuant to section 1612(b), of the other); and". SEC. 503. PRESERVATION OF MEDICAID ELIGIBILITY FOR INDIVIDUALS WHO CEASE TO BE ELIGIBLE FOR SUPPLEMENTAL SECURITY INCOME BENEFITS ON ACCOUNT OF COST-OFLIVING INCREASES IN SOCIAL SECURITY BENEFITS. I n addition to other requirements imposed by law as a condition for the approval of any State plan under title X IX of the Social

89-194 O—78—pt. 2

77

42 USC 1382c.

42 USC 1382.

42 USC 1382a.

42 USC 1396a note.

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