Page:United States Statutes at Large Volume 104 Part 2.djvu/573

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-165 (1) by striking ", and" at the end of clause (i) and inserting a semicolon; (2) by adding "and" at the end of clause (ii); and (3) by adding at the end the following new clause: "(iii) for making medical assistance available for medicare cost sharing described in section 1905(p)(3)(A)(ii) subject to section 1905(p)(4), for individuals who would be qualified medicare beneficiaries described in section 1905(p)(l) but for the fact that their income exceeds the income level established by the State under section ' 1905(p)(2) but is less than 110 percent in 1993 and 1994, and 120 percent in 1995 and years thereafter of the official poverty line (referred to in such section) for a family of the size involved;". (c) APPLICATION IN CERTAIN STATES AND TERRITORIES. —Section 1905(p)(4) (42 U.S.C. 1396d(p)(4)) is amended— (1) in subparagraph (B), by inserting "or 1902(a)(10)(E)(iii)", after "subparagraph (B)", and (2) by adding at the end the following: "In the case of any State which is providing medical assistance to its residents under a waiver granted under section 1115, the Secretary shall require the State to meet the requirement of section 1902(a)(10)(E) in the same manner as the State would be required to meet such requirement if the State had in effect a plan approved under this title." (d) CONFORMING AMENDMENT.— Section 1843(h) (42 U.S.C. 1395v(h)) is amended by adding at the end the following new paragraph: "(3) In this subsection, the term 'qualified medicare beneficiary' also includes an individual described in section 1902(a)(10)(E)(iii). ". (e) DELAY IN COUNTING SOCIAL SECURITY COLA INCREASES UNTIL NEW POVERTY GUIDELINES PUBUSHED.— (1) IN GENERAL.—Section 1905(p) is amended— (A) in paragraph (I)(B), by inserting ", except as provided in paragraph (2)(D)" after "supplementary social security income program", and (B) by adding at the end of paragraph (2) the following new subparagraph: "(D)(i) In determining under this subsection the income of an individual who is entitled to monthly insurance benefits under title II for a transition month (as defined in clause (ii)) in a year, such income shall not include any amounts attributable to an increase in the level of monthly insurance benefits payable under such title which have occurred pursuant to section 215(i) for benefits payable for months beginning with December of the previous year. "(ii) For purposes of clause (i), the term 'transition month' means each month in a year through the month following the month in which the annual revision of the official poverty line, referred to in subparagraph (A), is published. ". (2) CONFORMING AMENDMENTS.— Section 1902(m) (42 U.S.C. 1396a(m)) is amended— (A) in paragraph (I)(B), by inserting ", except as provided in paragraph (2)(0" after "supplemental security income program", and (B) by adding at the end of paragraph (2) the following new subparagraph: