Application of pre-welfare-reform eligibility criteria

(1) In general

(1)In general#

For purposes of this subchapter, subject to paragraphs (2) and (3), in determining eligibility for medical assistance—

(A) an individual shall be treated as receiving aid or assistance under a State plan approved under part A of subchapter IV only if the individual meets— (i) the income and resource standards for determining eligibility under such plan, and (ii) the eligibility requirements of such plan under subsections (a) through (c) of section 606 of this title and section 607(a) of this title , as in effect as of July 16, 1996 ; and

(B) the income and resource methodologies under such plan as of such date shall be used in the determination of whether any individual meets income and resource standards under such plan.

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Application of pre-welfare-reform eligibility criteria

Official source

(1) In general

(1)In general#

For purposes of this subchapter, subject to paragraphs (2) and (3), in determining eligibility for medical assistance—

(A) an individual shall be treated as receiving aid or assistance under a State plan approved under part A of subchapter IV only if the individual meets— (i) the income and resource standards for determining eligibility under such plan, and (ii) the eligibility requirements of such plan under subsections (a) through (c) of section 606 of this title and section 607(a) of this title , as in effect as of July 16, 1996 ; and

(B) the income and resource methodologies under such plan as of such date shall be used in the determination of whether any individual meets income and resource standards under such plan.

(2)State option#

For purposes of applying this section, a State—

(A) may lower its income standards applicable with respect to part A of subchapter IV, but not below the income standards applicable under its State plan under such part on May 1, 1988 ;

(B) may increase income or resource standards under the State plan referred to in paragraph (1) over a period (beginning after July 16, 1996 ) by a percentage that does not exceed the percentage increase in the Consumer Price Index for all urban consumers (all items; United States city average) over such period; and

(C) may use income and resource methodologies that are less restrictive than the methodologies used under the State plan under such part as of July 16, 1996 .

(3)Option to terminate medical assistance for failure to meet work requirement#

(A) Individuals receiving cash assistance under TANF In the case of an individual who— (i) is receiving cash assistance under a State program funded under part A of subchapter IV, (ii) is eligible for medical assistance under this subchapter on a basis not related to section 1396a( l ) of this title, and (iii) has the cash assistance under such program terminated pursuant to section 607(e)(1)(B) of this title (as in effect on or after the welfare reform effective date) because of refusing to work, the State may terminate such individual’s eligibility for medical assistance under this subchapter until such time as there no longer is a basis for the termination of such cash assistance because of such refusal.

(B) Exception for children Subparagraph (A) shall not be construed as permitting a State to terminate medical assistance for a minor child who is not the head of a household receiving assistance under a State program funded under part A of subchapter IV.