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103D CONGRESS

1ST SESSION H. R. 2675

To amend title XIX of the Social Security Act to require States to apply

the income and resource standard established under the supplemental

security income program under title XVI of such Act in determining

the eligibility of individuals for medical assistance under State medicaid

plans.

IN THE HOUSE OF REPRESENTATIVES

JULY 20, 1993

Mrs. MEEK introduced the following bill; which was referred to the Committee

on Energy and Commerce

A BILL

To amend title XIX of the Social Security Act to require

States to apply the income and resource standard established under the supplemental security income program

under title XVI of such Act in determining the eligibility

of individuals for medical assistance under State medicaid plans.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. REPEAL OF PROVISIONS PERMITTING ‘‘SEC2 TION 209(b)’’ STATES TO IMPOSE ALTER3 NATIVE INCOME AND RESOURCE STANDARD

4 FOR DETERMINING MEDICAID ELIGIBILITY.

5 (a) IN GENERAL.—Section 1902 of the Social Secu6 rity Act (42 U.S.C. 1396a) is amended by striking sub7 section (f).

8 (b) CONFORMING AMENDMENTS.—(1) Section

9 1619(b) of the Social Security Act (42 U.S.C. 1382h(b))

10 is amended by striking paragraph (3).

11 (2) Section 1843(b) of such Act (42 U.S.C. 1395v(b))

12 is amended in the last sentence by striking ‘‘, and subject

13 to section 1902(f),’’.

14 (3) Section 1902(r)(2)(A) of such Act (42 U.S.C.

15 1396a(r)(2)(A)) is amended by striking

16 ‘‘(a)(10)(C)(i)(III), or (f)’’ and inserting ‘‘or

17 (a)(10)(C)(i)(III)’’.

18 (4) Section 1905(p)(2) of such Act (42 U.S.C.

19 1396d(p)(2)) is amended—

20 (A) in subparagraph (B), by striking ‘‘Except

21 as provided in subparagraph (C), the percent’’ and

22 inserting ‘‘The percent’’;

23 (B) by striking subparagraph (C); and

24 (C) by redesignating subparagraph (D) as sub25 paragraph (C).
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1 (5) Section 1917(c)(4) of such Act (42 U.S.C.

2 1396p(c)(4)) is amended by striking ‘‘(including a State

3 which has elected treatment under section 1902(f))’’.

4 (6) Section 1924(a)(1) of such Act (42 U.S.C.

5 1396r–5(a)(1)) is amended by striking ‘‘sections

6 1902(a)(17) and 1902(f)’’ and inserting ‘‘section

7 1902(a)(17)’’.

8 (7) Section 1929(b)(1)(C) of such Act (42 U.S.C.

9 1396t(b)(1)(C)) is amended by striking ‘‘subject to section

10 1902(f) (as applied consistent with section 1902(r)(2)),’’.

11 (c) EFFECTIVE DATE.—(1) Except as provided in

12 paragraph (2), the amendments made by subsections (a)

13 and (b) shall apply to calendar quarters beginning on or

14 after January 1, 1994, without regard to whether or not

15 final regulations to carry out such amendments have been

16 promulgated by such date.

17 (2) In the case of a State plan for medical assistance

18 under title XIX of the Social Security Act which the Sec19 retary of Health and Human Services determines requires

20 State legislation (other than legislation appropriating

21 funds) in order for the plan to meet the additional require22 ments imposed by the amendments made by subsections

23 (a) and (b), the State plan shall not be regarded as failing

24 to comply with the requirements of such title solely on the

25 basis of its failure to meet these additional requirements
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1 before the first day of the first calendar quarter beginning

2 after the close of the first regular session of the State leg3 islature that begins after the date of the enactment of this

4 Act. For purposes of the previous sentence, in the case

5 of a State that has a 2-year legislative session, each year

6 of such session shall be deemed to be a separate regular

7 session of the State legislature.

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