Page:United States Statutes at Large Volume 104 Part 2.djvu/659

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-251 SEC. 5103. REPEAL OF SPECIAL DISABILITY STANDARD FOR WIDOWS AND WIDOWERS. (a) IN GENERAL.— Section 223(d)(2) (42 U.S.C. 423(d)(2)) is amended— (1) in subparagraph (A), by striking "(except a widow, surviving divorced wife, widower, or surviving divorced husband for purposes of section 202(e) or (f))"; (2) by striking subparagraph (B); and (3) by redesignating subparagraph (C) as subparagraph (B). (b) CONFORMING AMENDMENTS.— (1) The third sentence of section 216(i)(l) (42 U.S.C. 416(i)(l)) is amended by striking "(2)(C)" and inserting "(2)(B)". (2) Section 223(f)(1)(B) (42 U.S.C. 423(f)(1)(B)) is amended to read as follows: "(B) the individual is now able to engage in substantial gainful activity; or". (3) Section 223(f)(2)(A)(ii) (42 U.S.C. 423(f)(2)(A)(ii)) is amended to read as follows: "(ii) the individual is now able to engage in substantial gainful activity, or". (4) Section 223(f)(3) (42 U.S.C. 423(f)(3)) is amended by striking "therefore—" and all that follows and inserting "therefore the individual is able to engage in substantial gainful activity; or". (5) Section 223(f) is further amended, in the matter following paragraph (4), by striking "(or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband)" each place it appears. (c) TRANSITIONAL RULES RELATING TO MEDICAID AND MEDICARE ELIGIBILITY.— (1) DETERMINATION OF MEDICAID ELIGIBILITY. —Section 1634(d) (42 U.S.C. 1383c(d)) is amended— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by striking "(d) If any person—" and inserting "(d)(1) This subsection applies with respect to any person who—"; (C) in subparagraph (A) (as redesignated), by striking "as required" and all that follows through "but not entitled" and inserting "being then not entitled '; (D) in subparagraph (B) (as redesignated), by striking "section 1616(a)," and inserting "section 1616(a) (or pay- ments of the type described in section 212(a) of Public Law 93-66)."; and (E) by striking "such person shall" and all that follows and inserting the following new paragraph: "(2) For purposes of title XIX, each person with respect to whom this subsection applies— "(A) shall be deemed to be a recipient of supplemental security income benefits under this title if such person received such a benefit for the month before the month in which such person began to receive a benefit described in paragraph (1)(A), and "(B) shall be deemed to be a recipient of State supplementary payments of the type referred to in section 1616(a) of this Act (or payments of the type described in section 212(a) of Public Law 93-66) if such person received such a payment for the month