MANDATORY COVERAGE OF CERTAIN LOW-INCOME PREGNANT WOMEN AND CHILDREN.

SEC. 6401. MANDATORY COVERAGE OF CERTAIN LOW-INCOME PREGNANT WOMEN AND CHILDREN. (a) In General.—Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended— (1) in subsection (a)(10)(A)(i)— (A) by striking “or” at the end of subclause (IV), (B) by striking the semicolon at the end of subclause (V) and inserting “, or”, and (C) by adding at the end the following new subclause: “(VI) who are described in subparagraph (C) of subsection (l)(1) and whose family income does not exceed the income level the State is required to establish under subsection (l)(2)(B) for such a family;”; (2) in subsection (a)(10)(A)(ii)(IX), by inserting “or clause (i)(VI)” after “clause (i)(IV)”; (3) in subsection (l)(1)— (A) by striking “and” at the end of subparagraph (B), and (B) by striking subparagraph (C) and inserting the following: “(C) children who have attained one year of age but have not attained 6 years of age, and “(D) at the option of the State, children born after September 30, 1983, who have attained 6 years of age but have not attained 7 or 8 years of age (as selected by the State),”; (4) in subsection (l)(2)(A)— (A) in clause (ii), by amending subclause (II) to read as follows: “(II) April 1, 1990, 133 percent, or, if greater, the percentage provided under clause (iv).”; and (B) by adding at the end the following new clause: “(iv) In the case of a State which, as of the date of the enactment of this clause, has established under clause (i), or has enacted legislation authorizing, or appropriating funds, to provide for, a percentage (of the income official poverty line) that is greater than 133 percent, the percentage provided under clause (ii) for medical assistance on or after April 1, 1990, shall not be less than— “(I) the percentage specified by the State in an amendment to its State plan (whether approved or not) as of the date of the enactment of this clause, or 103 STAT. 2259 “(II) if no such percentage is specified as of the date of the enactment of this clause, the percentage established under the State’s authorizing legislation or provided for under the State’s appropriations.”; (5) in subparagraph (B) of subsection (l)(2)— (A) by striking “, or, if less, the percentage established under subparagraph (A)”, and (B) by redesignating such subparagraph as subparagraph (C); (6) in subsection (l)(2), by inserting after subparagraph (A) the following new subparagraph: “(B) For purposes of paragraph (1) with respect to individuals described in subparagraph (C) of such paragraph, the State shall establish an income level which is equal to 133 percent of the income official poverty line described in subparagraph (A) applicable to a family of the size involved.”; (6) in subsection (l)(3)— (A) by inserting“, (a)(10)(A)(i)(VI),” after “(a)(10)(A)(i)(IV)”, and (B) in subparagraph (C), by striking “or (C)” and inserting “,(C), or (D)”; (7) in subsection (l)(4)— (A) in subparagraph (A), by inserting “and for children described in subsection (a)(10)(A)(i)(VI)” after “(a)(10)(A)(i)(IV)”, and (B) in subparagraph (B), by inserting “or (a)(10)(A)(i)(VI)” after “(a)(10)(A)(i)(IV)”; (8) in subsection (e)(T), by striking “or (C)” and inserting, (C), or (D)”; and (9) in subsection (r)(2)(A), by inserting “(a)(10)(A)(i)(VI),” after “(a)(10)(A)(i)(IV),”. (b) Conforming Amendment.—Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is amended by inserting “1902(a)(10)(A)(i)(VI),” after “1902(a)(10)(A)(i)(IV),”. (c) Effective Date.— (1) Except as provided in paragraph (2), the amendments made by this section shall apply to payments under title XIX of the Social Security Act for calendar quarters beginning on or after April 1, 1990, with respect to eligibility for medical assistance on or after such date, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) 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, 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 legislature.