TREATMENT OF VETERANS’ PENSIONS UNDER MEDICAID.

SEC. 4715. TREATMENT OF VETERANS’ PENSIONS UNDER MEDICAID. (a) Post-Eligibility Treatment.—Section 1902(r)(1) (42 U.S.C. 1396a(r)(1)) is amended— (1) by inserting “(A)” after “(r)(1)”, (2) by inserting “, the treatment described in subparagraph (B) shall apply,” after “under such a waiver”; (3) by striking “and,” and inserting “, and”; and (4) by adding at the end the following: “(B)(i) In the case of a veteran who does not have a spouse or a child, if the veteran—111 STAT. 511 “(I) receives, after the veteran has been determined to be eligible for medical assistance under the State plan under this title, a veteran’s pension in excess of $90 per month, and “(II) resides in a State veterans home with respect to which the Secretary of Veterans Affairs makes per diem payments for nursing home care pursuant to section 1741(a) of title 38, United States Code, any such pension payment, including any payment made due to the need for aid and attendance, or for unreimbursed medical expenses, that is in excess of $90 per month shall be counted as income only for the purpose of applying such excess payment to the State veterans home’s cost of providing nursing home care to the veteran. “(ii) The provisions of clause (i) shall apply with respect to a surviving spouse of a veteran who does not have a child in the same manner as they apply to a veteran described in such clause.”. (b) Effective Date.—The amendments made by this section shall apply on and after October 1, 1997.