113 STAT. 1892 PUBLIC LAW 106-170—DEC. 17, 1999 65, years of age, and whose assets, resources, and earned or unearned income (or both) do not exceed such Hmitations (if any) as the State may estabhsh;". (2) STATE OPTION TO PROVIDE OPPORTUNITY FOR EMPLOYED INDIVIDUALS WITH A MEDICALLY IMPROVED DISABILITY TO BUY INTO MEDICAID.— (A) ELIGIBILITY.— Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)), as amended by paragraph (1), is amended— (i) in subclause (XIV), by striking "or" at the end; (ii) in subclause (XV), by adding "or" at the end; and (iii) by adding at the end the following new subclause: "(XVI) who are employed individuals with a medically improved disability described in section 1905(v)(l) and whose assets, resources, and earned or unearned income (or both) do not exceed such limitations (if any) as the State may establish, but only if the State provides medical assistance to individuals described in subclause (XV);". (B) DEFINITION OF EMPLOYED INDIVIDUALS WITH A MEDI- CALLY IMPROVED DISABILITY.— Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: " (v)(l) The term 'employed individual with a medically improved disability' means an individual who— "(A) is at least 16, but less than 65, years of age; "(B) is employed (as defined in paragraph (2)); "(C) ceases to be eligible for medical assistance under section 1902(a){10)(A)(ii)(XV) because the individual, by reason of medical improvement, is determined at the time of a regularly scheduled continuing disability review to no longer be eligible for benefits under section 223(d) or 1614(a)(3); and "(D) continues to have a severe medically determinable impairment, as determined under regulations of the Secretary. "(2) For purposes of paragraph (1), an individual is considered to be 'employed' if the individual— "(A) is earning at least the applicable minimum wage requirement under section 6 of the Fair Labor Standards Act (29 U.S.C. 206) and working at least 40 hours per month; or "(B) is engaged in a work effort that meets substantial and reasonable threshold criteria for hours of work, wages, or other measures, as defined by the State and approved by the Secretary.". (C) CONFORMING AMENDMENT. —Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended in the matter preceding paragraph (1)— (i) in clause (x), by striking "or" at the end; (ii) in clause (xi), by adding "or" at the end; and (iii) by inserting after clause (xi), the following new clause: "(xii) employed individuals with a medically improved disability (as defined in subsection (v)),".
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