Page:United States Statutes at Large Volume 102 Part 1.djvu/837

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PUBLIC LAW 100-000—MMMM. DD, 1988

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PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 799

persons with mental diseases, including medical attention, nursing care, and related services.". (B) The amendment made by subparagraph (A) shall take effect on the date of the enactment of this Act. (15) ELIGIBILTTY VERIFICATION TECHNICAL CORRECTION.—(A)

Section 1137 of the Social Security Act (42 U.S.C. 1320b-7) is amended by adding at the end the following new subsection: "{{) Subsections (a)(1) and (d) shall not apply with respect to aliens seeking medical assistance for the treatment of an emergency medical condition under section 1903(v)(2).". (B) The amendment made by subparagraph (A) shall apply as if it were included in the enactment of section 9406 of the Omnibus Budget Reconciliation Act of 1986.

Effective date. 42 USC 1396d note.

Aliens.

Effective date. 42 USC 1320b-7 note.

(16) TECHNICAL CORRECTIONS RELATING TO PRESUMPTIVE ELIGI-

BiLTTY.—(A) Section 1920(d)(l)(B) of the Social Security Act (42 U.S.C. 1396r-l(d)(l)(B)) is amended by striking "by a qualified provider" and inserting "by a provider that is eligible for payments under the State plan". (B) Section 1920(b)(2)(D) of such Act (42 U.S.C. 1396r-l(b)(2)(D)) is amended— (i) in clause (i)— (I) in subclause (I), by striking "or section 330" and inserting ", 330, or 340" and by striking "or" at the end, (II) in subclause (11), by striking the semicolon at the end and inserting ", or", and (HI) by adding after subclause (11) the following new subclause: "(HI) title V of the Indian Health Care Improvement Act;"; (ii) in clause (ii), by striking "or" at the end; and (iii) by adding at the end the following new clause: "(iv) is the Indian Health Service or is a health program or facility operated by a tribe or tribal organization under the Indian Self-Determination Act (Public Law 93-638).". (C) The amendments made by this paragraph shall be effective as if they were included in section 94070t)) of the Omnibus Budget Reconciliation Act of 1986.

Indians.

Effective date. 42 USC 1396r-l note.

(17) WAIVER FOR CHILDREN INFECTED WITH AIDS OR DRUG DEPENDENT AT BIRTH.—(A) Section 1915 of the Social Security

Act (42 U.S.C. 1396n) is amended— (i) by redesignating subsection (f) as paragraph (2); (ii) in subsection (e), by striking paragraph (2) and by redesignating such subsection as subsection (i); (iii) by inserting after subsection (d) the following new subsection: "(e)(l)(A) Subject to paragraph (2), the Secretary shall grant a waiver to provide that a State plan approved under this title shall include as 'medical assistance' under such plan payment for part or all of the cost of nursing care, respite care, physicians' services, prescribed drugs, medical devices and supplies, transportetion services, and such other services requested by the State as the Secretary may approve which are provided pursuant to a written plan of care to a child described in subparagraph (B) with respect to whom there has been a determination that but for the provision of such services the infants would be likely to require the level of care provided in a

State and local governments. Prescription drugs. Children and youth. Transportation.