[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2099 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2099

     To amend title XIX of the Social Security Act to provide post-
 eligibility treatment of certain payments received under a Department 
  of Veterans Affairs pension or compensation program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 1996

  Mr. Grassley (for himself and Mr. Graham) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
     To amend title XIX of the Social Security Act to provide post-
 eligibility treatment of certain payments received under a Department 
  of Veterans Affairs pension or compensation program, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TREATMENT OF VETERANS PENSIONS UNDER MEDICAID.

    (a) Post-Eligibility.--Subsection (r)(1) of section 1902 of the 
Social Security Act (42 U.S.C. 1396a) is amended to read as follows:
    ``(r)(1) For purposes of sections 1902(a)(17) and 1924(d)(1)(D) and 
for purposes of a waiver under section 1915, with respect to the post-
eligibility treatment of income of individuals who are 
institutionalized or receiving home or community-based services under 
such a waiver--
            ``(A) there shall be disregarded reparation payments made 
        by the Federal Republic of Germany;
            ``(B) there shall be taken into account amounts for 
        incurred expenses for medical or remedial care that are not 
        subject to payment by a third party, including--
                    ``(i) medicare and other health insurance premiums, 
                deductibles, or coinsurance, and
                    ``(ii) necessary medical or remedial care 
                recognized under State law but not covered under the 
                State plan under this title, subject to reasonable 
                limits the State may establish on the amount of these 
                expenses; and
            ``(C) there shall be taken into account, as income, any and 
        all payments received under a Department of Veterans Affairs 
        pension or compensation program, including payments 
        attributable to the recipient's medical expenses or to the 
        recipient's need for aid and attendance, but excluding that 
        part of any augmented benefit attributable to a dependent.
For purposes of subparagraph (C), any Department of Veterans Affairs 
pension benefit that has been limited to $90 per month pursuant to 
section 5503(f) of title 38, United States Code, may be applied to meet 
the monthly personal needs allowance provided by the State plan under 
this title, but shall not otherwise be used to reduce the amount paid 
to a facility under the State plan.''.
    (b) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendment 
        made by this section shall be effective with respect to periods 
        beginning on and after October 1, 1996.
            (2) Grace period for state law changes.--The amendment made 
        by this section shall become effective with respect to a State 
        on the later of--
                    (A) the date specified in paragraph (1), or
                    (B) the effective date of laws enacted by the 
                legislature of such State implementing such provisions,
but in no event later than the 1st day of the 1st calendar quarter 
beginning after the close of the 1st 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.
                                 <all>