Page:United States Statutes at Large Volume 96 Part 1.djvu/420

 96 STAT. 378 95 Stat. 809. 42 USC 1396n.

95 Stat. 807. 42 USC 1396a.

95 Stat. 807. 42 USC 1396a.

42 USC 1396a.

42 USC 1396b.

95 Stat. 816. 42 USC 1396b.

95 Stat. 813. 42 USC 1396b.

95 Stat. 803. 42 USC 1396b.

PUBLIC LAW 97-248—SEPT. 3, 1982 that but for the provision of home or community-based services described in section 1915(c) they would require the level of care provided in a hospital, skilled nursing facility or intermediate care facility the cost of which could be reimbursed under the State plan, and who will receive home or community-based services pursuant to a waiver granted by the Secretary under section 1915(c)"". (8) Section 1902(a)(10)(C)(i) of such Act is amended— (A) by striking out "and (II)" and inserting in lieu thereof ", (II)"; and (B) by inserting before the semicolon at the end thereof ", and (III) the single standard to be employed in determining income and resource eligibility for all such groups, and the methodology to be employed in determining such eligibility, which shall be the same methodology which would be employed under the supplemental security income program in the case of groups consisting of aged, blind, or disabled individuals in a State in which such program is in effect, and which shall be the same methodology which would be employed under the appropriate State plan (described in subparagraph (A)(i)) to which such group is most closely categorically related in the case of other groups". (9) Section 1902(a)(10)(C)(ii)(I) of such Act is amended by striking out "described in section 1905(a)(i)" and inserting in lieu thereof "under the age of 18 who (but for income and resources) would be eligible for medical assistance as an individual described in subparagraph (A)(i)". (10) Section 1902(b) of such Act is amended by striking out paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (11) Section 1903(g)(1) of such Act is amended by inserting "or which is a qualified health maintenance organization (as defined in section 131(d) of the Public Health Service Act)" after "as defined in section 1876". (12) Section 1903(g)(1)(A) of such Act is amended by striking out "intermediate care facility services described in section 1905(d)' and inserting in lieu thereof "intermediate care facility services provided in an institution for the mentally retarded". (13) Section 1903(k) of such Act is amended by striking out "section 1876" and inserting in lieu thereof "subsection (m) of this section". (14) Section 1903(m)(2)(A) of such Act is amended— (A) by striking out "and" before "(II)" in clause (iv) and inserting in lieu thereof "or"; and (B) by striking out "unforseen" in clause (vii) and inserting in lieu thereof "unforeseen". (15) Section 1903(s) of such Act is amended— (A) in paragraph (1)(A), by striking out "made before fiscal year 1981" and inserting in lieu thereof "made before fiscal year 1982"; (B) in paragraph (1)(A), by striking out "without regard to payments under subsection (t) and" and inserting in lieu thereof 'without regard to payments under subsections (a)(6) and (t), without regard to payments for claims relating to expenditures made for medical assistance for services received through a facility of the Indian Health Service, and";

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