Sec. 3. Medicaid resources eligibility requirement
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Section 1902(e)(14)(C) of the Social Security Act ( 42 U.S.C. 1396a(e)(14)(C) ) is amended to read as follows— Notwithstanding any other provision of this title, in the case of any individual with respect to whom a determination of income eligibility for medical assistance under the State plan or under any waiver of such plan is required, the State shall also apply a resources eligibility test that meets the requirement of clause (ii). A State resources eligibility test meets the requirement of this clause if the test precludes eligibility for any individual whose resources (as determined under section 1613 for purposes of the supplemental security income program) exceed the maximum amount of resources that an individual may have and obtain benefits under that program, or such lower amount of resources as the State shall establish. .
Subject to paragraph (2), the amendment made by subsection
(a)shall take effect on October 1, 2020. In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) 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 amendment made by subsection (a), 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.
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