PUBLIC LAW 109–432—DEC. 20, 2006
120 STAT. 2997
‘‘(2) EXEMPTION
FOR INDIVIDUALS WITH FAMILY INCOME NOT EXCEEDING 100 PERCENT OF THE POVERTY LINE.— ‘‘(A) IN GENERAL.—Paragraph (1) and subsection (d)
shall not apply, and sections 1916 and 1902(a)(10)(B) shall continue to apply, in the case of an individual whose family income does not exceed 100 percent of the poverty line applicable to a family of the size involved. ‘‘(B) LIMIT ON AGGREGATE COST SHARING.—To the extent cost sharing under subsections (c) and (e) or under section 1916 is imposed against individuals described in subparagraph (A), the limitation under subsection (b)(1)(B)(ii) on the total aggregate amount of cost sharing shall apply to such cost sharing for all individuals in a family described in subparagraph (A) in the same manner as such limitations apply to cost sharing and families described in subsection (b)(1)(B)(ii).’’; (D) in subsections (c)(2)(C) and (e)(2)(C), by inserting ‘‘under subsection (a)(2)(B) or’’ after ‘‘cap on cost sharing applied’’; and (E) in subsection (e)(2)(A), by inserting ‘‘who is not described in subparagraph (B)’’ after ‘‘subsection (b)(1)’’. (2) CLARIFICATION OF TREATMENT OF NON-PREFERRED DRUG AND NON-EMERGENCY COST-SHARING.—Such section is further amended— (A) in subsections (b)(1) and (b)(2), by striking ‘‘, subject to subsections (c)(2) and (e)(2)(A)’’; (B) in subsection (c)(1), in the matter preceding subparagraph (A), by striking ‘‘least (or less) costly effective’’ and inserting ‘‘most (or more) cost effective’’; (C) in subsection (c)(1)(B), by striking ‘‘otherwise be imposed under’’ and inserting ‘‘be imposed under subsection (a) due to the application of’’; (D) in subsection (c)(2)(B), by striking ‘‘otherwise not subject to cost sharing due to the application of subsection (b)(3)(B)’’ and inserting ‘‘not subject to cost sharing under subsection (a) due to the application of paragraph (1)(B)’’; (E) in subsection (e)(2)(A)— (i) by amending the heading to read as follows: ‘‘INDIVIDUALS WITH FAMILY INCOME BETWEEN 100 AND 150 PERCENT OF THE POVERTY LINE.—’’; and (ii) by striking ‘‘under subsection (b)(1)’’ and inserting ‘‘under subsection (b)(1)(B)(ii)’’; (F) in subsection (e)(2)(B), by striking ‘‘who is otherwise not subject to cost sharing under subsection (b)(3)’’ and inserting ‘‘described in subsection (a)(2)(A) or who is not subject to cost sharing under subsection (b)(3)(B) with respect to non-emergency services described in paragraph (1)’’; and (G) in subsection (e)(2)(C), by inserting ‘‘or section 1916’’ after ‘‘subsection (a)’’. (3) CLARIFICATION OF COST SHARING RULES APPLICABLE TO DISABLED CHILDREN PROVIDED MEDICAL ASSISTANCE UNDER THE ELIGIBILITY CATEGORY ADDED BY THE FAMILY OPPORTUNITY ACT.—Such section is further amended—
(A) in subsection (a)(1), in the second sentence, by striking ‘‘section 1916(g)’’ and inserting ‘‘subsection (g) or (i) of section 1916’’; and
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