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Bill - HR3200

This Document was obtained from The Library of Congress Thomas System as of July 14th, 2009

SEC. 1731. OPTIONAL MEDICAID COVERAGE OF LOW-INCOME HIV-INFECTED INDIVIDUALS.

[a] In General- Section- 1902 of the Social Security Act [42 U.S.C. 1396a], as amended by section 1714[a][1], is amended--

[1] in subsection [a][10][A][ii]--

[A] by striking 'or' at the end of subclause [XIX];

[B] by adding 'or' at the end of subclause [XX]; and

[C] by adding at the end the following:

'[XXI] who are described in subsection [ii] [relating to HIV-infected individuals];'; and

[2] by adding at the end, as amended by sections 1703 and 1714[a], the following:

'[ii] individuals described in this subsection are individuals not described in subsection [a][10][A][i]--

'[1] who have HIV infection;

'[2] whose income [as determined under the State plan under this title with respect to disabled individuals] does not exceed the maximum amount of income a disabled individual described in subsection [a][10][A][i] may have and obtain medical assistance under the plan; and

'[3] whose resources [as determined under the State plan under this title with respect to disabled individuals] do not exceed the maximum amount of resources a disabled individual described in subsection [a][10][A][i] may have and obtain medical assistance under the plan.'.

[b] Enhanced Match- The first sentence of section 1905[b] of such Act [42 U.S.C. 1396d[b]] is amended by striking 'section 1902[a][10][A][ii][XVIII]' and inserting 'subclause [XVIII] or [XX] of section 1902[a][10][A][ii]'.

[c] Conforming Amendments- Section- 1905[a] of such Act [42 U.S.C. 1396d[a]] is amended, in the matter preceding paragraph [1]--

[1] by striking 'or' at the end of clause [xii];

[2] by adding 'or' at the end of clause [xiii]; and

[3] by inserting after clause [xiii] the following:

'[xiv] individuals described in section 1902[ii],'.

[d] Exemption From Funding Limitation for Territories- Section- 1108[g] of the Social Security Act [42 U.S.C. 1308[g]] is amended by adding at the end the following:

'[5] DISREGARDING MEDICAL ASSISTANCE FOR OPTIONAL LOW-INCOME HIV-INFECTED INDIVIDUALS- The limitations under subsection [f] and the previous provisions of this subsection shall not apply to amounts expended for medical assistance for individuals described in section 1902[ii] who are only eligible for such assistance on the basis of section 1902[a][10][A][ii][XX].'.

[e] Effective Date; Sunset- The amendments made by this section shall apply to expenditures for calendar quarters beginning on or after the date of the enactment of this Act, and before January 1, 2013, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.

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