Page:United States Statutes at Large Volume 104 Part 2.djvu/583

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-175 "(8) In the case of an individual with chronic mental illness, day treatment or other partial hospitalization, psychosocial rehabilitation services, and clinic services (whether or not furnished in a facility). "(9) Such other home and community-based services (other than room and board) as the Secretary may approve. " (b) FUNCTIONALLY DISABLED ELDERLY INDIVIDUAL DEFINED.— "(1) IN GENERAL. — In this title, the term 'functionally disabled elderly individual' means an individual who— "(A) is 65 years of age or older, "(B) is determined to be a functionally disabled individual under subsection (c), and "(C) subject to section 1902(f) (as applied consistent with section 1902(r)(2)), is receiving supplemental security income benefits under title XVI (or under a State plan approved under title XVI) or, at the option of the State, is described in section 1902(a)(10)(C). " (2) TREATMENT OF CERTAIN INDIVIDUALS PREVIOUSLY COVERED UNDER A WAIVER. —(A) In the case of a State which— "(i) at the time of its election to provide coverage for home and community care under this section has a waiver approved under section 1915(c) or 1915(d) with respect to individuals 65 years of age or older, and "(ii) subsequently discontinues such waiver, individuals who were eligible for benefits under the waiver as of the date of its discontinuance and who would, but for income or resources, be eligible for medical assistance for home and community care under the plan shall, notwithstanding any other provision of this title, be deemed a functionally disabled elderly individual for so long as the individual would have remained eligible for medical assistance under such waiver. "(B) In the case of a State which used a health insuring organization before January 1, 1986, and which, as of December 31, 1990, had in effect a waiver under section 1115 that provides under the State plan under this title for personal care services for functionally disabled individuals, the term 'functionally disabled elderly individual' may include, at the option of the State, an individual who— "(i) is 65 years of age or older or is disabled (as determined under the supplemental security income program under title XVI); "(ii) is determined to meet the test of functional disability applied under the waiver as of such date; and "(iii) meets the resource requirement and income standard that apply in the State to individuals described in section 1902(a)(10)(A)(ii)(V). "(3) USE OF PROJECTED INCOME.— In applying section 1903(f)(1) in determining the eligibility of an individual (described in section 1902(a)(10)(C)) for medical assistance for home and community care, a State may, at its option, provide for the determination of the individual's anticipated medical expenses (to be deducted from income) over a period of up to 6 months. " (c) DETERMINATIONS OF FUNCTIONAL DISABILITY.— "(1) IN GENERAL.— In this section, an individual is 'functionally disabled' if the individual—