102 STAT. 762
PUBLIC LAW 100-360—JULY 1, 1988
(c) N E W SSI POLICY REGARDING DISPOSAL OP RESOURCES FOR LESS THAN FAIR MARKET VALUE.— (1) ELIMINATION OP SSI PENALTY; NOTIFICATION OF MEDICAID POLICY LIMITING ELIGIBILTTY OF INSTITUTIONALIZED INDIVIDUALS FOR BENEFITS BASED ON SUCH DISPOSAL OP RESOURCES.—Subsec-
State and local governments.
tion (c) of section 1613 (42 U.S.C. 1382b) is amended to read as follows: "Notification of Medicaid Policy Restricting Eligibility of Institutionalized Individuals for Benefits Based on Disposal of Resources for Less Than Fair Market Value "(c)(1) At the time an individual (and the individual's eligible spouse, if any) applies for benefits under this title, and at the time the eligibility of an individual (and such spouse, if any) for such benefits is redetermined, the Secretary shall— "(A) inform such individual of the provisions of section 1917(c) providing for a period of ineligibility for benefits under title XIX for individuals who make certain dispositions of resources for less than fair market value, and inform such individual that information obtained pursuant to subparagraph (B) will be made available to the State agency administering a State plan under title XIX (as provided in paragraph (2)); and "(B) obtain from such individual information which may be used by the State agency in determining whether or not a period of ineligibility for such benefits would be required by reason of section 1917(c) if such individual (or such spouse, if any) enters a medical institution or nursing facility. "(2) The Secretary shall make the information obtained under paragraph (I)(B) available, on request, to any State agency administering a State plan approved under title XIX.", (2) CONFORMING AMENDMENT.—Subparagraph (B) of section 1611(e)(l) (42 U.S.C. 1382(e)(l)) is amended by adding after and below clause (iii) the following new sentence: "For purposes of this subsection, a hospital, extended care facility, nursing home, or intermediate care facility which is a 'medical institution or nursing facility' within the meaning of section 1917(c) shall be considered to be receiving payments with respect to an individual under a State plan approved under title XIX during any period of ineligibility of such individual provided for under the State plan pursuant to section 1917(c).". (d) DISREGARDING PAYMENTS FOR CERTAIN MEDICAL EXPENSES BY
INSTITUTIONALIZED INDIVIDUALS.—Section 1902 (42 U.S.C. 1396), as
42 USC 1396a
amended by the amendment made by section 411(n)(3) of this Act, is amended by adding at the end the following new subsection: "(r) For purposes of sections 1902(a)(17) and 1924(d)(l)(D) and for purposes of a wsdver under section 1915, with respect to the posteligibility treatment of income of individuals who are institutionalized or receiving home or community-based services under such a waiver, there shall be taken into account amounts for incurred expenses for medical or remedial care that are not subject to payment by a third party, including— "(A) medicare and other health insurance premiums, deductibles, or coinsurance, and "(B) necessary medical or remedial care recognized under State law but not covered under the State plan under this title, subject to reasonable limits the State may esteblish on the amount of these expenses.".
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