Page:United States Statutes at Large Volume 102 Part 3.djvu/466

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2418

Blind persons. Handicapped persons.

Health care facilities.

42 USC 1396r-5 note.

Termination date.

PUBLIC LAW 100-485—OCT. 13, 1988

facility" and inserting "the individual becomes an institutionalized individual"; (iv) in paragraph (2)(A)(iv), by striking "of such individual's admission to the medical institution or nursing facility" and inserting "the individual becomes an institutionalized individual"; (v) in paragraph (2)(B)— (I) by inserting "(i)" after "transferred", and (II) by striking "or the individual's child who is blind or permanently and totally disabled" and inserting ", (ii) to the individual's child described in subparagraph (A)(iiXII), or (iii) to (or to smother for the sole benefit of) the individual's spouse if such spouse does not transfer such resources to another person other than the spouse for less than fair market value"; (vi) in paragraph (3), by striking "in a medical institution or nursing facility" and inserting "in a nursing facility, who is an inpatient in a medical institution and with respect to whom payment is made based on a level of care provided in a nursing facility, or who is described in section 1902(a)(10XAXiiXVI)"; and (vii) by adding at the end the following new paragraph: "(5) In this subsection, the term 'resources' has the meaning given such term in section 1613, without regard to the exclusion described in subsection (a)(1) thereof.". (C) Section 1902(r)(2)(A) of the Social Security Act, as added by section 303(e)(5)(C) of MCCA, is amended by striking "or under subsection (f)" and inserting "or (f) or under section 1905(p)". (D) Section 303(g) of MCCA is amended— (i) in paragraph (2)(B), by inserting before the period at the end the following: ", except that such section shall not apply with respect to inter-spousal transfers occurring before October 1, 1989"; (ii) in paragraph (2)(C), by inserting before the period at the end the following: ", and the laws and policies established by the State as of June 30, 1988, or provided for before July 1, 1988, shall continue to apply through September 30, 1989, (and may, at a State's option continue after such date) to inter-spousal transfers occurring before October 1, 1989"; and (iii) in paragraph (5), by striking "other than subsection (e)" and inserting "other than paragraphs (1) and (5) of siil3S6ci^ioii (G) (17) SECTION 4 ii(a).—Section

42 USC 1395WW.

1842(n)(l)(A) of the Social Security Act, as clarified by section 411(a)(3)(C) of MCCA, is amended by striking "the the supplier's" and inserting "the supplier's". (18) SECTION 4iiOt)).—(A) Subclauses (III) and (IV) of section 1886(b)(3)(B)(i) of the Social Security Act, as amended by section 411(b)(l)(A) of MCCA, are amended by striking "for for hospitals" and inserting "for hospitals". (B) Section 411(b)(l)(E) of MCCA is amended by designating subparagraph (E) as clause (ii) and by inserting imm^iately before such subparagraph the following: "(E)(i) Section 1886(d)(3)(A)(i) of the Social Security Act, as amended by section 4002(c)(l)(B)(i) of OBRA, is amended by striking 'occuring' and inserting 'occurring'.".