Page:United States Statutes at Large Volume 102 Part 3.djvu/465

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-485—OCT. 13, 1988

102 STAT. 2417

(I) by striking "Subject to clause (iii), the" and inserting "The", (II) in subclause (I), by inserting "or, if greater, the percentage provided under clause (iii)," after "75 percent,"; and (ii) in clause (iii), by striking "(ii)" each place it appears and inserting "(iiXD". (C) Section 1923(a)(2) of the Social Security Act is amended by indenting the subparagraph (C) added by section 302(b)(2) of MCCA 2 ems. (16) SECTION 303.—(A) Section 1924 of the Social Security Act, as inserted by section 303(a)(l)(B) of MCCA, is amended— (i) in the last sentence of subsection (c)(l)(B), by striking "has right to a fair hearing" and all that follows through "needs allowance" and inserting "will have a right to a fair hearing under subsection (e)(2)"; (ii) in subsection (c)(2)(B), by striking "resources shall not" and all that follows through "does not exceed" and inserting "resources shall be considered to be available to an institutionalized spouse, but only to the extent that the amount of such resources exceeds"; (iii) in subsection (d)(3)(A)(i), by striking "nonfarm"; (iv) in subsection (d)(4), by striking * subparagraph (C)" and inserting "subparagraph (B)"; (v) in the first sentence of subsection (e)(2)(A), by inserting before the period at the end the following: "if an application for benefits under this title has been made on behalf of the institutionalized spouse"; (vi) in subsection (f)(l)-(I) by striking "to the community spouse (or to another for the sole benefit of the community spouse)", and (II) by striking "pacticable" and inserting "practicable"; and (vii) in subsection (fK3), by striking "spouse of a family member" and inserting "spouse or a family member". (B) Section 1917(c) of the Social Security Act, as amended by section 303(b) of MCCA, is amended— (i) in paragraph (1)— (I) by inserting "for nursing facility services and for a level of care in a medical institution equivalent to that of nursing facility services and for services under section 1915(c)" after "period of ineligibility" the first place it appears, (II) by inserting "or after" after "during", and (III) by striking "the individual's application for medical assistance under the State plan" and inserting "the date the individual becomes an institutionalized individual (if the individual is entitled to medical assistance under the State plan on such date) or, if the individual is not so entitled, the date the individual applies for such assistance while an institutionalized individual"; (ii) in paragraph (2)(A)(ii), by inserting "(I)" after "who" and by inserting "(II)" after "or" the first place it appears; (iii) in paragraph (2)(A)(iii), by striking "of the individual's admission to the medical institution or nursing

42 USC 1396r-4.

Health and medical care. Health care facilities.