Page:United States Statutes at Large Volume 100 Part 5.djvu/101

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-643—NOV. 10, 1986

100 STAT. 3575

treated as being eligible under section 1619(a) or (b) for such month for purposes of clause (ii) of such subparagraph.".

42 USC l382h.

(b) MEDICAID STATE PLAN REQUIREMENT.—Section 1902 of the

Social Security Act (42 U.S.C. 1396a) is amended by adding a t the end the following new subsection: "(1) Notwithstanding any provision of subsection (a) to the contrary, a State plan under this title shall provide that any supplemental security income benefits paid by reason of section 1611(e)(1)(E) to an individual who— Ante, p. 3574. "(1) is eligible for medical assistance under the plan, and "(2) is in a hospital, skilled nursing facility, or intermediate care facility at the time such benefits are paid, will be disregarded for purposes of determining the amount of any post-eligibility contribution by the individual to the cost of the care and services provided by the hospital, skilled nursing facility, or intermediate care facility.". SEC. 4. IMPROVEMENTS TO SECTION 1619 PROGRAM. (a) CASH BENEFITS.—Section 1619(a) of the Social Security Act (42

U.S.C. 1382h(a)) is amended to read as follows: "(a)(1) Any individual who was determined to be an eligible individual (or eligible spouse) by reason of being under a disability and was eligible to receive benefits under section 1611 (or a federally administered State supplementary payment) for a month and whose earnings in a subsequent month exceed the amount designated by the Secretary ordinarily to represent substantial gainful activity shall qualify for a monthly benefit under this subsection for such subsequent month (which shall be in lieu of any benefit under section 1611) equal to an amount determined under section 1611(b)(1) (or, in the case of an individual who has an eligible spouse, under section 1611(b)(2)), and for purposes of title XIX shall be considered to be receiving supplemental security income benefits under this title, for so long as— "(A) such individual continues to have the disabling physical or mental impairment on the basis of which such individual was found to be under a disability; and "(B) the income of such individual, other than income excluded pursuant to section 1612(b), is not equal to or in excess of the amount which would cause him to be ineligible for payments under section 1611 and such individual meets all other non-disability-related requirements for eligibility for benefits under this title. "(2) The Secretary shall make a determination under paragraph (1)(A) with respect to an individual not later than 12 months after the first month for which the individual qualifies for a benefit under this subsection.". (b) CONTINUING BENEFITS UNDER TITLE XIX.—Section 16190?) of such Act is amended— (1) in p a r s ^ a p h (1) by striking out "continues to meet" and inserting in lieu thereof "meets", (2) in paragraph (4) by striking out "benefits under this title and title XIX" and inserting in lieu thereof "benefits under this title (including any federally administered State supplementary payments), benefits under title XIX, and publicly funded attendant care services (including personal care assistance),", (3) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively.

state and local governments.

42 USC 1396.

42 USC I382a.

state and local governments.