A prior section 1924 of act Aug. 14, 1935, was renumbered section 1939 and is classified to section 1396v of this title.
2008—Subsec. (d)(4)(B). Pub. L. 110–246, § 4002(b)(1)(B), (2)(V), made technical amendment to reference in original act which appears in text as reference to section 2014(e) of title 7.
2006—Subsec. (d)(6). Pub. L. 109–171 added par. (6).
1997—Subsec. (a)(5). Pub. L. 105–33, in heading substituted “under PACE programs” for “from organizations receiving certain waivers” and in text substituted “under a PACE demonstration waiver program (as defined in section 1396u–4(a)(7) of this title) or under a PACE program under section 1396u–4 or 1395eee of this title.” for “from any organization receiving a frail elderly demonstration project waiver under section 9412(b) of the Omnibus Budget Reconciliation Act of 1986 or a waiver under section 603(c) of the Social Security Amendments of 1983.”
1994—Subsec. (d)(3)(A)(i). Pub. L. 103–252 substituted “section 9902(2)” for “sections 9847 and 9902(2)”.
1993—Subsec. (a)(5). Pub. L. 103–66, § 13643(c)(1), substituted “1986 or a waiver under section 603(c) of the Social Security Amendments of 1983” for “1986”.
Subsec. (b)(2)(B)(i). Pub. L. 103–66, § 13611(d)(2), substituted “1396p(d) of this title” for “1396a(k) of this title”.
1990—Subsec. (a)(5). Pub. L. 101–508, § 4744(b)(1), added par. (5).
Subsec. (b)(2). Pub. L. 101–508, § 4714(a), substituted “for purposes of the post-eligibility income determination described in subsection (d)” for “, after the institutionalized spouse has been determined or redetermined to be eligible for medical assistance”.
Subsec. (c)(1). Pub. L. 101–508, § 4714(c), substituted “the beginning of the first continuous period of institutionalization (beginning on or after September 30, 1989) of the institutionalized spouse” for “the beginning of a continuous period of institutionalization of the institutionalized spouse” in subpars. (A) and (B).
Subsec. (f)(1). Pub. L. 101–508, § 4714(b), substituted “section 1396p(c)(1)” for “section 1396p”.
1989—Subsecs. (b)(2), (d)(1). Pub. L. 101–239 inserted “or redetermined” after “determined”.
1988—Subsec. (c)(1)(B). Pub. L. 100–485, § 608(d)(16)(A)(i), substituted “will have a right to a fair hearing under subsection (e)(2)” for “has right to a fair hearing under subsection (e)(2)(E) with respect to the determination of the community spouse resource allowance, to provide for an allowance adequate to raise the spouse’s income to the minimum monthly maintenance needs allowance”.
Subsec. (c)(2)(B). Pub. L. 100–485, § 608(d)(16)(A)(ii), substituted “resources shall be considered to be available to an institutionalized spouse, but only to the extent that the amount of such resources exceeds” for “resources shall not be considered to be available to an institutionalized spouse, to the extent that the amount of such resources does not exceed”.
Subsec. (d)(3)(A)(i). Pub. L. 100–485, § 608(d)(16)(A)(iii), struck out “nonfarm” before “official poverty line”.
Subsec. (d)(4). Pub. L. 100–485, § 608(d)(16)(A)(iv), substituted “subparagraph (B)” for “subparagraph (C)” in concluding provisions.
Subsec. (e)(2)(A). Pub. L. 100–485, § 608(d)(16)(A)(v), inserted “if an application for benefits under this subchapter has been made on behalf of the institutionalized spouse” after “with respect to such determination” before period at end of first sentence.
Subsec. (f)(1). Pub. L. 100–485, § 608(d)(16)(A)(vi), substituted “transfer an amount” for “transfer to the community spouse (or to another for the sole benefit of the community spouse) an amount” and “as soon as practicable” for “as soon as pacticable”.
Subsec. (f)(3). Pub. L. 100–485, § 608(d)(16)(A)(vii), substituted “spouse or a family member” for “spouse of a family member”.
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Amendment by section 4002(b)(1)(B), (2)(V) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
Pub. L. 100–360, title III, § 303(g), July 1, 1988, 102 Stat. 763, as amended by Pub. L. 100–485, title VI, § 608(d)(16)(D), Oct. 13, 1988, 102 Stat. 2418, provided that:
Section 1924 of the Social Security Act
[42 U.S.C. 1396r–5
] (as inserted by subsection (a)) shall only apply to institutionalized individuals who begin continuous periods
of institutionalization on or after September 30, 1989
, except that subsections (b) and (d) of such section (and so much of subsection (e) of such section as relates to such other subsections) shall apply as of such date to individuals institutionalized on or after such date.
Section 1917(c) of the Social Security Act
[42 U.S.C. 1396p(c)
], as amended by subsection (b) of this section, shall apply to resources
disposed of on or after July 1, 1988
, except that such section shall not apply with respect to inter-spousal transfers occurring before October 1, 1989
Notwithstanding subparagraphs (A) and (B), a State
may continue to apply the policies contained in the State plan
as of June 30, 1988
, with respect to resources
disposed of before July 1, 1988
, and the laws and policies established by the State
as of June 30, 1988
, or provided for before July 1, 1988
, shall continue to apply through September 30, 1989
, (and may, at a State’
s option continue after such date) to inter-spousal transfers occurring before October 1, 1989
The amendments made by subsection (c) [amending sections 1382
of this title] shall apply to transfers occurring on or after July 1, 1988
, without regard to whether or not final regulations
to carry out such amendments have been promulgated by such date.
The amendment made by subsection (d) [amending section 1396a of this title
] is effective on and after April 8, 1988
. The final rule of the Health Care Financing Administration
published on February 8, 1988
(53 Federal Register 3586) is superseded to the extent inconsistent with the amendment made by subsection (d).
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 requirements imposed by the amendments made by this section (other than paragraphs (1) and (5) of subsection (e) [amending section 1396a of this title
]), 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 these additional requirements 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
Protection for Recipients of Home and Community-Based Services Against Spousal Impoverishment
Pub. L. 111–148, title II, § 2404, Mar. 23, 2010, 124 Stat. 305, as amended by Pub. L. 116–3, § 3(a), Jan. 24, 2019, 133 Stat. 7; Pub. L. 116–16, § 2(a), Apr. 18, 2019, 133 Stat. 852, provided that:
“During the period
beginning on January 1, 2014
, and ending on September 30, 2019
, section 1924(h)(1)(A) of the Social Security Act
(42 U.S.C. 1396r–5(h)(1)(A)
) shall be applied
as though ‘is eligible for medical assistance
and community-based services
provided under subsection (c), (d), or (i) of section 1915 [42 U.S.C. 1396n
], under a waiver approved under section 1115 [42 U.S.C. 1315
], or who is eligible for such medical assistance
by reason of being determined eligible under section 1902(a)(10)(C) [42 U.S.C. 1396a(a)(10)(C)
] or by reason of section 1902(f) [42 U.S.C. 1396a(f)
] or otherwise on the basis of a reduction of income based on costs
incurred for medical or other remedial care, or who is eligible for medical assistance
and community-based attendant services
and supports under section 1915(k) [42 U.S.C. 1396n(k)
]’ were substituted in such section for ‘(at the option of the State)
is described in section 1902(a)(10)(A)(ii)(VI) [42 U.S.C. 1396a(a)(10)(A)(ii)(VI)