PUBLIC LAW 109–171—FEB. 8, 2006
120 STAT. 83
‘‘(ii) Pregnant women. ‘‘(iii) Any terminally ill individual who is receiving hospice care (as defined in section 1905(o)). ‘‘(iv) Any individual who is an inpatient in a hospital, nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if such individual is required, as a condition of receiving services in such institution under the State plan, to spend for costs of medical care all but a minimal amount of the individual’s income required for personal needs. ‘‘(v) Women who are receiving medical assistance by virtue of the application of sections 1902(a)(10)(A)(ii)(XVIII) and 1902(aa). ‘‘(B) COST SHARING.—Subject to the succeeding provisions of this section, no cost sharing shall be imposed under subsection (a) with respect to the following: ‘‘(i) Services furnished to individuals under 18 years of age that are required to be provided medical assistance under section 1902(a)(10)(A)(i), and including services furnished to individuals with respect to whom aid or assistance is made available under part B of title IV to children in foster care and individuals with respect to whom adoption or foster care assistance is made available under part E of such title, without regard to age. ‘‘(ii) Preventive services (such as well baby and well child care and immunizations) provided to children under 18 years of age regardless of family income. ‘‘(iii) Services furnished to pregnant women, if such services relate to the pregnancy or to any other medical condition which may complicate the pregnancy. ‘‘(iv) Services furnished to a terminally ill individual who is receiving hospice care (as defined in section 1905(o)). ‘‘(v) Services furnished to any individual who is an inpatient in a hospital, nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if such individual is required, as a condition of receiving services in such institution under the State plan, to spend for costs of medical care all but a minimal amount of the individual’s income required for personal needs. ‘‘(vi) Emergency services (as defined by the Secretary for purposes of section 1916(a)(2)(D)). ‘‘(vii) Family planning services and supplies described in section 1905(a)(4)(C). ‘‘(viii) Services furnished to women who are receiving medical assistance by virtue of the application of sections 1902(a)(10)(A)(ii)(XVIII) and 1902(aa). ‘‘(C) CONSTRUCTION.—Nothing in this paragraph shall be construed as preventing a State from exempting additional classes of individuals from premiums under this section or from exempting additional individuals or services from cost sharing under subsection (a). ‘‘(4) DETERMINATIONS OF FAMILY INCOME.—In applying this subsection, family income shall be determined in a manner
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