PROVISIONS RELATING TO FRAIL ELDERLY DEMONSTRATION PROJECT WAIVERS.

SEC. 4744. PROVISIONS RELATING TO FRAIL ELDERLY DEMONSTRATION PROJECT WAIVERS. (a) Expansion of Waivers.—Section 9412(b) of the Omnibus Budget Reconciliation Act of 1986 is amended— (1) in paragraph (1), by striking “10” and inserting “15”; and (2) by adding at the end the following new paragraph: “(3) In the case of an organization receiving an initial waiver under this subsection on or after October 1, 1990, the Secretary (at the request of the organization) shall not require the organization to provide services under title XVIII of the Social Security Act on a capitated or other risk basis during the first 2 years of the waiver.”. (b) Application of Spousal Impoverishment Rules.— (1) Section 1924(a) (42 U.S.C. 1396r-5(a)) is amended by adding at the end the following new paragraph: “(5) Application to individuals receiving services from organizations receiving certain waivers.—This section applies to individuals receiving institutional or non institutional services from any organization receiving a frail elderly demonstration project waiver under section 9412(b) of the Omnibus Budget Reconciliation Act of 1986.”. 104 STAT. 1388–199 (2) Section 9412(b) of the Omnibus Budget Reconciliation Act of 1986, as amended by subsection (a), is amended by adding at the end the following new paragraph: “(4) Section 1924 of the Social Security Act shall apply to any individual receiving services from an organization receiving a waiver under this subsection.”.