Page:United States Statutes at Large Volume 98 Part 1.djvu/1152

 98 STAT. 1104

PUBLIC LAW 98-369—JULY 18, 1984

Subtitle B—Medicaid and Maternal and Child Health Amendments MEDICAID COVERAGE FOR PREGNANT WOMEN AND CHILDREN 42 USC 1396a.

42 USC 301, 1201, 1351, 1881, 601, 670. Post, p. 1134. 42 USC 614.

42 USC 1396d.

42 USC 601.

42 USC 607.

42 USC 606.

Effective date. 42 USC 1396a note.

42 USC 1396.

SEC. 2361. (a) Clause (i) of section 1902(a)(10)(A) of the Social Security Act is amended to read as follows: "(i) all individuals— "(I) who are receiving aid or assistance under any plan of the State approved under title I, X, XIV, or XVI, or part A or part E of title IV (including individuals eligible under this title by reason of section 402(a)(37), or considered by the State to be receiving such aid as authorized under section 414(g)), "(II) with respect to whom supplemental security income benefits are being paid under title XVI, or "(III) who are qualified pregnant women or children as defined in section 1905(n);". (b) Section 1905 of such Act is amended by adding at the end thereof the following new subsection: "(n) The term 'qualified pregnant woman or child' means— "(1) a pregnant woman who— "(A) would be eligible for aid to families with dependent children under part A of title IV (or would be eligible for such aid if coverage under the State plan under part A of title IV included aid to families with dependent children of unemployed parents pursuant to section 407) if her child had been born and was living with her in the month such aid would be paid, and such pregnancy has been medically verified; or "(B) is a member of a family which would be eligible for aid under the State plan under part A of title IV pursuant to section 407 if the plan required the payment of aid pursuant to such section; and "(2) a child who is under 5 years of age, who was born after September 30, 1983, and who meets the income and resources requirements of the State plan under part A of title IV.". (c) Section 406(g) of such Act is amended by striking out "(1)" after "(g)", by striking out paragraph (2), and by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2). (d)(1) Except as provided in paragraph (2), the amendments made by this section shall apply to calendar quarters beginning on or after October 1, 1984, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (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.

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