107 STAT. 632 PUBLIC LAW 103-66—AUG. 10, 1993 to carry out such amendments have been promulgated by such date. SEC. 13622. LIABILITY OF THIRO PARTIES TO PAY FOR CARE AND SERVICES. (a) LIABILITY OF ERISA PLANS. —(1) Section 1902(a)(25XA) (42 U.S.C. 1396a(a)(25XA)) is amended by striking "insurers)" and inserting "insurers, group health plans (as defined in section 607(1) of the Employee Retirement Income Security Act of 1974), service benefit plans, and health maintenance organizations)". (2) Section 1903(o) (42 U.S.C. 1396b(o)) is amended by striking "regulation)" and inserting "regulation and including a group health plan (as defined in section 607(1) of the Employee Retirement Income Security Act of 1974)), a service benefit plan, and a health maintenance organization)". (b) REQUIRING STATE TO PROHIBIT INSURERS FROM TAKING MEDICAID STATUS INTO ACCOUNT. — Section 1902(a)(25) (42 U.S.C. 1396a(a)(25)) is amended— (1) by striking "and" at the end of subparagraph (F); (2) by adding "and" at the end of subparagraph (G); and (3) by adding after subparagraph (G) the following new subparagraph: (H) that the State prohibits any health insurer (including a group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, a service benefit plan, and a health maintenance organization), in enrolling an individual or in making any payments for benefits to the individual or on the individual's behalf, from taking into account that the individual is eligible for or is provided medical assistance under a plan under this title for such State, or any other State;". (c) STATE RIGHT TO THIRD PARTY PAYMENTS. —Section 1902(a)(25) (42 U.S.C. 1396a(a)(25)), as amended by subsection (b), is amended— (1) by striking "and" at the end of subparagraph (G); (2) by adding "and" at the end of subparagraph (H); and (3) by adding after subparagraph (H) the following new subparagraph: "(I) that to the extent that pa3anent has been made under the State plan for medical assistance in any case where a third party has a legal liability to make payment for such assistance, the State has in effect laws under which, to the extent that payment has been made under the State plan for medical assistance for health care items or services fiimished to an individual, the State is considered to have acquired the rights of such individual to payment by any other party for such health care items or services;. 42 USC 1396a (d) EFFECTIVE DATE. — (1) Except as provided in paragraph (2), the amendments made by subsections (a)(1), (b), and (c) shall apply to calend£u: quarters begmning on or after October 1, 1993, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) 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 note.
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