12 2 STA T . 2 39 1 PUBLIC LA W 11 0– 2 5 2 —J U NE 30 , 200 8SecurityA ct (42U. S. C . 1396b ( a) )by $ 2 5,0 00 fo r eac hd ay o nw hich the Secretary deter m ine s such State or D istrict has not so coo p erated. Such reduction sha l l be made throu g h a process that permits the State or District to challenge the Secretary ’ s determination. (3) FUNDI N G . — (A) I NG E NE RAL .— O ut of any money in the T reasury of the United States not otherwise appropriated, there are appropriated to the Secretary without further appro - priation, $5,000,000 to carry out this subsection. ( B )A V AILA B ILI TY; A MO UNT S IN ADDITION TO OT H ER AMOUNTS A P PROPRIATED F OR SU C H ACTIVITIES.—Amounts appropriated pursuant to subparagraph (A) shall— (i) remain a v ailable until e x pended; and (ii) be in addition to any other amounts appro- priated or made available to the Secretary of H ealth and Human Services with respect to the M edicaid pro- gram. (d) ASSET V ERIFICATION THROUGH ACCESS TO INFORMATION HELD BY FINANCIAL INSTITUTIONS.— (1) ADDITION OF AUTHORITY.—Title X IX of the Social Secu- rity Act is amended by inserting after section 1939 the following new section
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‘ASSET VERIFICATION THROUGH ACCESS TO INFORMATION HELD BY FINANCIAL INSTITUTIONS ‘‘SEC. 1940. (a) IMPLEMENTATION.— ‘‘(1) IN GENERAL.—Sub j ect to the provisions of this section, each State shall implement an asset verification program described in subsection (b), for purposes of determining or redetermining the eligibility of an individual for medical assist- ance under the State plan under this title. ‘‘(2) P LAN SUBMITTAL.—In order to meet the re q uirement of paragraph (1), each State shall— ‘‘(A) submit not later than a deadline specified by the Secretary consistent with paragraph (3), a State plan amendment under this title that describes how the State intends to implement the asset verification program; and ‘‘(B) provide for implementation of such program for eligibility determinations and redeterminations made on or after 6 months after the deadline established for sub- mittal of such plan amendment. ‘‘(3) PHASE-IN.— ‘‘(A) IN GENERAL.— ‘‘(i) IMPLEMENTATION IN CURRENT ASSET VERIFICATION DEMO STATES.—The Secretary shall require those States specified in subparagraph (C) (to which an asset verification program has been applied before the date of the enactment of this section) to implement an asset verification program under this subsection by the end of fiscal year 2009. ‘‘(ii) IMPLEMENTATION IN OTHER STATES.—The Sec- retary shall require other States to submit and imple- ment an asset verification program under this sub- section in such manner as is designed to result in the application of such programs, in the aggregate Deadlin e s.42USC1396w .
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