Page:United States Statutes at Large Volume 124.djvu/319

124 STAT. 293 PUBLIC LAW 111–148—MAR. 23, 2010 matter preceding clause (i) by striking ‘‘and (21)’’ and inserting ‘‘, (21), and (28)’’. (c) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after such date. (2) EXCEPTION IF STATE LEGISLATION REQUIRED.—In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 2302. CONCURRENT CARE FOR CHILDREN. (a) IN GENERAL.—Section 1905(o)(1) of the Social Security Act (42 U.S.C. 1396d(o)(1)) is amended— (1) in subparagraph (A), by striking ‘‘subparagraph (B)’’ and inserting ‘‘subparagraphs (B) and (C)’’; and (2) by adding at the end the following new subparagraph: ‘‘(C) A voluntary election to have payment made for hospice care for a child (as defined by the State) shall not constitute a waiver of any rights of the child to be provided with, or to have payment made under this title for, services that are related to the treatment of the child’s condition for which a diagnosis of terminal illness has been made.’’. (b) APPLICATION TO CHIP.—Section 2110(a)(23) of the Social Security Act (42 U.S.C. 1397jj(a)(23)) is amended by inserting ‘‘(concurrent, in the case of an individual who is a child, with care related to the treatment of the child’s condition with respect to which a diagnosis of terminal illness has been made’’ after ‘‘hospice care’’. SEC. 2303. STATE ELIGIBILITY OPTION FOR FAMILY PLANNING SERV - ICES. (a) COVERAGE AS OPTIONAL CATEGORICALLY NEEDY GROUP.— (1) IN GENERAL.—Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)), as amended by section 2001(e), is amended— (A) in subclause (XIX), by striking ‘‘or’’ at the end; (B) in subclause (XX), by adding ‘‘or’’ at the end; and (C) by adding at the end the following new subclause: ‘‘(XXI) who are described in subsection (ii) (relating to individuals who meet certain income standards);’’. (2) GROUP DESCRIBED.—Section 1902 of such Act (42 U.S.C. 1396a), as amended by section 2001(d), is amended by adding at the end the following new subsection: Determination. Applicability. 42 USC 1396a note.