Page:United States Statutes at Large Volume 124.djvu/320

124 STAT. 294 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(ii)(1) Individuals described in this subsection are individuals— ‘‘(A) whose income does not exceed an income eligibility level established by the State that does not exceed the highest income eligibility level established under the State plan under this title (or under its State child health plan under title XXI) for pregnant women; and ‘‘(B) who are not pregnant. ‘‘(2) At the option of a State, individuals described in this subsection may include individuals who, had individuals applied on or before January 1, 2007, would have been made eligible pursuant to the standards and processes imposed by that State for benefits described in clause (XV) of the matter following subparagraph (G) of section subsection (a)(10) pursu- ant to a waiver granted under section 1115. ‘‘(3) At the option of a State, for purposes of subsection (a)(17)(B), in determining eligibility for services under this sub- section, the State may consider only the income of the applicant or recipient.’’. (3) LIMITATION ON BENEFITS.—Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), as amended by section 2001(a)(5)(A), is amended in the matter following subparagraph (G)— (A) by striking ‘‘and (XV)’’ and inserting ‘‘(XV)’’; and (B) by inserting ‘‘, and (XVI) the medical assistance made available to an individual described in subsection (ii) shall be limited to family planning services and supplies described in section 1905(a)(4)(C) including medical diag- nosis and treatment services that are provided pursuant to a family planning service in a family planning setting’’ before the semicolon. (4) CONFORMING AMENDMENTS.— (A) Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), as amended by section 2001(e)(2)(A), is amended in the matter preceding paragraph (1)— (i) in clause (xiv), by striking ‘‘or’’ at the end; (ii) in clause (xv), by adding ‘‘or’’ at the end; and (iii) by inserting after clause (xv) the following: ‘‘(xvi) individuals described in section 1902(ii),’’. (B) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)), as amended by section 2001(e)(2)(B), is amended by inserting ‘‘1902(a)(10)(A)(ii)(XXI),’’ after ‘‘1902(a)(10)(A)(ii)(XX),’’. (b) PRESUMPTIVE ELIGIBILITY.— (1) IN GENERAL.—Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1920B the following: ‘‘PRESUMPTIVE ELIGIBILITY FOR FAMILY PLANNING SERVICES ‘‘SEC. 1920C. (a) STATE OPTION.—State plan approved under section 1902 may provide for making medical assistance available to an individual described in section 1902(ii) (relating to individuals who meet certain income eligibility standard) during a presumptive eligibility period. In the case of an individual described in section 1902(ii), such medical assistance shall be limited to family planning services and supplies described in 1905(a)(4)(C) and, at the State’s option, medical diagnosis and treatment services that are provided 42 USC 1396r–1c.