Page:United States Statutes at Large Volume 94 Part 3.djvu/924

 94 STAT. 3568

Fair market value or interest.

42 USC 1396a.

Ante, p. 3567. Ineligibility period.

Medical assistance, eligibility.

Effective date. 42 USC 1382b note. 42 USC 1381.

PUBLIC LAW 96-611—DEC. 28, 1980

furnishes convincing evidence to establish that the transaction was exclusively for some other purpose. "(3) For purposes of paragraph (1) the value of such a resource or interest shall be the fair market value of such resource or interest at the time it was sold or given away, less the amount of compensation received for such resource or interest, if any.". (b) Section 1902 of the Social Security Act is amended by adding at the end thereof the following new subsection: "(j)(l) Notwithstanding any other provision of this title, an individual who would otherwise be eligible for medical assistance under the State plan approved under this title may be denied such assistance if such individual would not be eligible for such medical assistance but for the fact that he disposed of resources for less than fair market value. If the State plan provides for the denial of such assistance by reason of such disposal of resources, the State plan shall specify a procedure for implementing such denial which, except as provided in paragraph (2), is not more restrictive than the procedure specified in section 1613(c) of this Act. "(2) In any case where the uncompensated value of disposed of resources exceeds $12,000, the State plan may provide for a period of ineligibility which exceeds 24 months. If a State plan provides for a period of ineligibility exceeding 24 months, such plan shall provide for the period of ineligibility to bear a reasonable relationship to such uncompensated value. "(3) In any case where an individual is ineligible for medical assistance under the State plan solely because of the applicability to such individual of the provisions of section 1613(c), the State plan may provide for the eligibility of such individual for medical assistance under the plan if such individual would be so eligible if the State plan requirements with respect to disposal of resources applicable under paragraphs (1) and (2) of this subsection were applied in lieu of the provisions of section 1613(c).". (c) The amendment made by subsection (a) shall be effective with respect to applications for benefits under title XVI of the Social Security Act filed on or after the first day of the first month which begins at least 60 days after the date of enactment of this Act. SHORT TITLE

Parental Kidnaping Prevention Act of 1980. 42 USC 1305 note. 28 USC 1738A note.

SEC. 6. Sections 6 to 10 of this Act may be cited as the 'Parental Kidnaping Prevention Act of 1980". FINDINGS AND PURPOSES

SEC. 7. (a) The Congress finds that— (1) there is a large and growing number of cases annually involving disputes between persons claiming rights of custody and visitation of children under the laws, and in the courts, of different States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; (2) the laws and practices by which the courts of those jurisdictions determine their jurisdiction to decide such disputes, and the effect to be given the decisions of such disputes by the courts of other jurisdictions, are often inconsistent and conflicting; (3) those characteristics of the law and practice in such cases, along with the limits imposed by a Federal system on the authority of each such jurisdiction to conduct investigations and

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