(2) EXCEPTION IF STATE LEGISLATION REQUIRED- 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 the additional requirement imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (2532)
(a) In General- Section 1905(o)(1) of the Social Security Act (42 U.S.C. 1396d(o)(1)) is amended-- (2534)
(1) in subparagraph (A), by striking "subparagraph (B)" and inserting "subparagraphs (B) and (C)"; and (2535)
(2) by adding at the end the following new subparagraph: (2536)
"(C) A voluntary election to have payment made for hospice care for a child (as defined by the State) shall not constitute a waiver of any rights of the child to be provided with, or to have payment made under this title for, services that are related to the treatment of the child"s condition for which a diagnosis of terminal illness has been made.". (2537)
(b) Application to CHIP- Section 2110(a)(23) of the Social Security Act (42 U.S.C. 1397jj(a)(23)) is amended by inserting "(concurrent, in the case of an individual who is a child, with care related to the treatment of the child"s condition with respect to which a diagnosis of terminal illness has been made" after "hospice care". (2538)
(a) Coverage as Optional Categorically Needy Group- (2540)
(1) IN GENERAL- Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)), as amended by section 2001(e), is amended-- (2541)
(A) in subclause (XIX), by striking "or" at the end; (2542)
(B) in subclause (XX), by adding "or" at the end; and (2543)
(C) by adding at the end the following new subclause: (2544)
"(XXI) who are described in subsection (ii) (relating to individuals who meet certain income standards);". (2545)
(2) GROUP DESCRIBED- Section 1902 of such Act (42 U.S.C. 1396a), as amended by section 2001(d), is amended by adding at the end the following new subsection: (2546)
"(ii)(1) Individuals described in this subsection are individuals-- (2547)
"(A) whose income does not exceed an income eligibility level established by the State that does not exceed the highest income eligibility level established under the State plan under this title (or under its State child health plan under title XXI) for pregnant women; and (2548)
"(B) who are not pregnant. (2549)
"(2) At the option of a State, individuals described in this subsection may include individuals who, had individuals applied on or before January 1, 2007, would have been made eligible pursuant to the standards and processes imposed by that State for benefits described in clause (XV) of the matter following subparagraph (G) of section subsection (a)(10) pursuant to a waiver granted under section 1115. (2550)
"(3) At the option of a State, for purposes of subsection (a)(17)(B), in determining eligibility for services under this subsection, the State may consider only the income of the applicant or recipient.". (2551)
(3) LIMITATION ON BENEFITS- Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), as amended by section 2001(a)(5)(A), is amended in the matter following subparagraph (G)-- (2552)
(A) by striking "and (XV)" and inserting "(XV)"; and (2553)
(B) by inserting ", and (XVI) the medical assistance made available to an individual described in subsection (ii) shall be limited to family planning services and supplies described in section 1905(a)(4)(C) including medical diagnosis and treatment services that are provided pursuant to a family planning service in a family planning setting" before the semicolon. (2554)
(4) CONFORMING AMENDMENTS- (2555)
(A) Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), as amended by section 2001(e)(2)(A), is amended in the matter preceding paragraph (1)-- (2556)
(i) in clause (xiv), by striking "or" at the end; (2557)
(ii) in clause (xv), by adding "or" at the end; and (2558)
(iii) by inserting after clause (xv) the following: (2559)
"(xvi) individuals described in section 1902(ii),". (2560)
(B) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)), as amended by section 2001(e)(2)(B), is amended by inserting "1902(a)(10)(A)(ii)(XXI)," after "1902(a)(10)(A)(ii)(XX),". (2561)
(b) Presumptive Eligibility- (2562)
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