Page:United States Statutes at Large Volume 96 Part 1.djvu/412

 96 STAT. 370

Ante, p. 367.

Effective date. 42 USC 13960 note. 42 USC 1396.

PUBLIC LAW 97-248—SEPT. 3, 1982 (2) by inserting before the semicolon at the end thereof the following: "and (IV) the imposition of a deductible, cost sharing, or similar charge for any item or service furnished to an individual not eligible for the exemption under section 1916(a)(2) or (b)(2) shall not require the imposition of a deductible, cost sharing, or similar charge for the same item or service furnished to an individual who is eligible for such exemption". (c)(1) Except as provided in paragraph (2), the amendments made by this section shall become effective on October 1, 1982. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. MODIFICATIONS IN LIEN PROVISIONS

42 USC 1396a. Infra.

SEC. 132. (a) Section 1902(a)(18) of the Social Security Act is amended to read as follows: "(18) comply with the provisions of section 1917 with respect to liens, adjustments and recoveries of medical assistance correctly paid, and transfers of assets;", (b) Title XIX of such Act is amended by adding after section 1916 (added by section 131 of this Act) the following new section: LIENS, ADJUSTMENTS AND RECOVERIES, AND TRANSFERS OF ASSETS

42 USC 1396p.

42 USC 1381.

"SEC. 1917. (a)(1) No lien may be imposed against the property of any individual prior to his death on account of medical assistance paid or to be paid on his behalf under the State plan, except— "(A) pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual, or "(B) in the case of the real property of an individual— "(i) who is an inpatient in a skilled nursing facility, intermediate care facility, or other medical institution, if such individual is required, as a condition of receiving services in such institution under the State plan, to spend for costs of medical care all but a minimal amount of his income required for personal needs, and "(ii) with respect to whom the State determines, after notice and opportunity for a hearing (in accordance with procedures established by the State), that he cannot reasonably be expected to be discharged from the medical institution and to return home, except as provided in paragraph (2). "(2) No lien may be imposed under paragraph (1)(B) on such individual's home if— "(A) the spouse of such individual, "(B) such individual's child who is under age 21, or (with respect to States eligible to participate in the State program established under title XVI) is blind or permanently and totally disabled, or (with respect to States which are not eligible to

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