Page:United States Statutes at Large Volume 104 Part 2.djvu/600

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104 STAT. 1388-192 PUBLIC LAW 101-508—NOV. 5, 1990 SEC. 4714. PROVISIONS RELATING TO SPOUSAL IMPOVERISHMENT. (a) CLARIFICATION OF NON-APPLICATION OF STATE COMMUNITY 42 USC 1396r-5. PROPERTY LAWS.— Section 1924(b)(2) (42 U.S.C. 1396r-l(b)(2)) as amended by subsection (a), is further amended by striking ", after the institutionahzed spouse has been determined or redetermined to be eligible for medical assistance" and inserting "for purposes of the post-eligibility income determination described in subsection (d)". (b) CLARIFICATION OF TRANSFER OF RESOURCES TO COMMUNITY SPOUSE.—Section 1924(f)(1) (42 U.S.C. 1396r-5(f)(l)) is amended by striking "section 1917" and inserting "section 1917(c)(1)". (c) CLARIFICATION OF PERIOD OF CONTINUOUS ELIGIBILITY. —Section 42 USC 1396r-5. 1924(c)(1) (42 U.S.C. 1396r-l(c)(l)) is amended by striking "the beginning of a continuous period of institutionalization of the institutionalized spouse" each place it appears and inserting "the beginning of the first continuous period of institutionalization (beginning on or after September 30, 1989) of the institutionalized spouse". 42 USC 1396r-5 (d) EFFECTIVE DATE.—The amendments made this section shall ^°*®- take effect as if included in the enactment of section 303 of the Medicare Catastrophic Coverage Act of 1988. SEC. 4715. DISREGARDING GERMAN REPARATION PAYMENTS FROM POST- ELIGIBILITY TREATMENT OF INCOME UNDER THE MEDICAID PROGRAM. (a) IN GENERAL.— Section 1902(r)(l) (42 U.S.C. 1396a(r)(l)) is amended by inserting "there shall be disregarded reparation pay- ments made by the Federal Republic of Germany and" after "under such a waiver". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to treatment of income for months beginning more than 30 days after the date of the enactment of this Act. SEC. 4716. AMENDMENTS RELATING TO MEDICAID TRANSITION PROVI- SION. (a) AMENDMENTS.— Subsection (f) of section 1925 (42 U.S.C. 1396s) is amended— (1) in subsection (b)(2)(B)(i), by inserting at the end the following: "A State may permit such additional extended assistance under this subsection notwithstanding a failure to report under this clause if the family has established, to the satisfaction of the State, good cause for the failure to report on a timely basis. "; (2) in subsection (b)(2)(B), by adding at the end the following new clause: "(iii) CLARIFICATION ON FREQUENCY OF REPORTING. —A State may not require that a family receiving extended assistance under this subsection or subsection (a) report more frequently than as required under clause (i) or (ii)."; and (3) in subsection (b)(3)(B), by adding at the end the following: "No such termination shall be effective earlier than 10 days after the date of mailing of such notice.". 42 USC 1396r-6 (b) EFFECTIVE DATE. —The amendments made by subsection (a) note. shall be effective as if included in the enactment of the Family Support Act of 1988. 42 USC 1396a note. 42 USC 1396r-6.