[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1269 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1269

     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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 1997

 Mr. Boswell introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 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.

    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.--Section 1902(r)(1) of the Social Security 
Act (42 U.S.C. 1396a(r)(1)) 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.--The amendment made by subsection (a) shall be 
effective with respect to periods beginning on and after July 1, 1994.
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