Page:United States Statutes at Large Volume 104 Part 2.djvu/577

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-169 (b) CONFORMING AMENDMENT.—Section 1902(a) (42 U.S.C. 1396a(a)), as amended by section 4401(a)(2), is further amended— (1) by striking "and" at the end of paragraph (53); (2) by striking the period at the end of paragraph (54) and by inserting "; and"; and (3) by inserting after paragraph (54) and before the end matter the following new paragraph: "(55) provide, in accordance with subsection (s), for adjusted payments for certain inpatient hospital services.". (c) PROHIBITION ON WAIVER.—Section 1915(b) (42 U.S.C. 1396n(b)) is amended in the matter preceding paragraph (1) by inserting "(other than subsection (s))" after "Section 1902". (d) EFFECTIVE DATE. —(1) The amendments made by this subsection shall become effective with respect to payments under title XIX of the Social Security Act for calendar quarters beginning on or after July 1, 1991, 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 (other than legislation authorizing or appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this subsection, 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. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 4605. PRESUMPTIVE ELIGIBILITY. (a) EXTENSION OF PRESUMPTIVE ELIGIBILITY PERIOD.—Section 1920 (42 U.S.C. 1396r-l) is amended— (1) in subsection (b)(1)(B)— (A) by adding "or" at the end of clause (i), (B) by striking clause (ii), and (C) by amending clause (iii) to read as follows: "(ii) in the case of a woman who does not file an application by the last day of the month following the month during which the provider makes the determination referred to in subparagraph (A), such last day; and"; and (2) in subsections (c)(2)(B) and (c)(3), by striking "within 14 calendar days after the date on which" and inserting "by not later than the last day of the month following the month during which".] 43 (b) FLEXIBILITY IN APPLICATION.— Section 1920(c)(3) (42 U.S.C. 1396r-l(c)(3)) is amended by inserting before the period at the end the following: ", which application may be the application used for the receipt of medical assistance by individuals described in section 1902(1)(1)(A)". (c) EFFECTIVE DATES. — (1) The amendments made by subsection (a) apply to pay- ments under title XIX of the Social Security Act for calendar quarters beginning on or after July 1, 1991, without regard to

    • So in original. Probably should be "which". ".

42 USC 1396a note. 42 USC 1396r-l note. 39-194O-91- 19:QL3Part 2