42 U.S.C. 1396p: Liens, adjustments and recoveries, and transfers of assets

2018

• Pub. L. 115–123, §53102(b)(1), repealed Pub. L. 113–67, §202(b)(3), and provided that the provisions amended by section 202(b) shall be applied and administered as if such amendment had never been enacted. See 2013 Amendment note below. (Bipartisan Budget Act of 2018) Law text · (a)

2016

• Pub. L. 114–255 inserted "the individual," after "for the benefit of such individual by". (21st Century Cures Act) Law text · (d)

2013

• Pub. L. 113–67, §202(b)(3), which directed amendment of subpar. (A) to read as follows: "pursuant to— Law text · (a)
• was repealed by Pub. L. 115–123, §53102(b)(1). (Bipartisan Budget Act of 2018) Law text · (a)

2009

• Pub. L. 111–5 designated existing provisions as subpar. (A) and added subpar. (B). (American Recovery and Reinvestment Act of 2009) Law text · (b)

2008

• Pub. L. 110–275 inserted "(but not including medical assistance for medicare cost-sharing or for benefits described in section 1396a(a)(10)(E) of this title)" before period at end. (Medicare Improvements for Patients and Providers Act of 2008) Law text · (b)

2006

• Pub. L. 109–171, §6021(a)(1)(A)(i), inserted "and which satisfies clause (iv), or which has a State plan amendment that provides for a qualified State long-term care insurance partnership (as defined in clause (iii))" after "1993," in introductory provisions. (Deficit Reduction Act of 2005) Law text · (b)
• Pub. L. 109–171, §6021(a)(1)(A)(ii), added cls. (iii) to (vi). (Deficit Reduction Act of 2005) Law text · (b)
• Pub. L. 109–171, §6021(a)(1)(B), added par. (5). (Deficit Reduction Act of 2005) Law text · (b)
• Pub. L. 109–171, §6011(a), inserted "or in the case of any other disposal of assets made on or after February 8, 2006" before ", 60 months". (Deficit Reduction Act of 2005) Law text · (c)
• Pub. L. 109–171, §6011(b), designated existing provisions as cl. (i), substituted "In the case of a transfer of asset made before February 8, 2006, the date" for "The date", and added cl. (ii). (Deficit Reduction Act of 2005) Law text · (c)
• Pub. L. 109–171, §6016(a), added cl. (iv). (Deficit Reduction Act of 2005) Law text · (c)
• Pub. L. 109–171, §6012(b), added subpar. (F). (Deficit Reduction Act of 2005) Law text · (c)
• Pub. L. 109–432 substituted "institutionalized individual" for "annuitant". (Tax Relief and Health Care Act of 2006) Law text · (c)
• Pub. L. 109–171, §6012(c), added subpar. (G). (Deficit Reduction Act of 2005) Law text · (c)
• Pub. L. 109–171, §6016(b), added subpar. (H). (Deficit Reduction Act of 2005) Law text · (c)
• Pub. L. 109–171, §6016(c), added subpar. (I). (Deficit Reduction Act of 2005) Law text · (c)
• Pub. L. 109–171, §6016(d), added subpar. (J). (Deficit Reduction Act of 2005) Law text · (c)
• Pub. L. 109–171, §6011(e), substituted period for semicolon at end and inserted concluding provisions. (Deficit Reduction Act of 2005) Law text · (c)
• Pub. L. 109–171, §6012(a), added subsec. (e). Former subsec. (e) redesignated (f). (Deficit Reduction Act of 2005) Law text · (e)
• Pub. L. 109–171, §6014(a), added subsec. (f). Former subsec. (f) redesignated (g). (Deficit Reduction Act of 2005) Law text · (f)
• Pub. L. 109–171, §6012(a), redesignated subsec. (e) as (f). (Deficit Reduction Act of 2005) Law text · (f)
• Pub. L. 109–171, §6015(b), added subsec. (g). Former subsec. (g) redesignated (h). (Deficit Reduction Act of 2005) Law text · (g)
• Pub. L. 109–171, §6014(a), redesignated subsec. (f) as (g). (Deficit Reduction Act of 2005) Law text · (g)
• Pub. L. 109–171, §6015(b), redesignated subsec. (g) as (h). (Deficit Reduction Act of 2005) Law text · (h)

1993

• Pub. L. 103–66, §13612(a), substituted "except that the State shall seek adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan in the case of the following individuals:" and subpars. (A) to (C) for "except—" and former subpar… · (b)
• Pub. L. 103–66, §13612(b), added par. (3). · (b)
• Pub. L. 103–66, §13612(c), added par. (4). · (b)
• Pub. L. 103–66, §13611(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "In order to meet the requirements of this subsection (for purposes of section 1396a(a)(51)(B) of this title), the State plan must provide for a period of ineligibility for nursin… · (c)
• Pub. L. 103–66, §13611(a)(2)(A), substituted "assets" for "resources" in introductory provisions. · (c)
• Pub. L. 103–66, §13611(a)(2)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "the resources were transferred (i) to or from (or to another for the sole benefit of) the individual's spouse, or (ii) to the individual's child described in subparag… · (c)
• Pub. L. 103–66, §13611(a)(2)(C), in introductory provisions, substituted "with regulations" for "with any regulations", in cl. (i), substituted "assets" for "resources" and struck out "or" at end, in cl. (ii), substituted "assets" for "resources" and ", or" for "; or", and added … · (c)
• Pub. L. 103–66, §13611(a)(2)(D), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "the State determines that denial of eligibility would work an undue hardship." · (c)
• Pub. L. 103–66, §13611(a)(2)(E), added par. (3) and struck out former par. (3) which read as follows: "In this subsection, the term 'institutionalized individual' means an individual who is an inpatient in a nursing facility, who is an inpatient in a medical institution and with res… · (c)
• Pub. L. 103–66, §13611(a)(2)(F), inserted at end "In the case of a transfer by the spouse of an individual which results in a period of ineligibility for medical assistance under a State plan for such individual, a State shall, using a reasonable methodology (as specified by the Sec… · (c)
• Pub. L. 103–66, §13611(b), added subsec. (d). · (d)
• Pub. L. 103–66, §13611(c), added subsec. (e). · (e)

1989

• Pub. L. 101–239, §6411(e)(1)(A), inserted "or whose spouse," after "an institutionalized individual (as defined in paragraph (3)) who,". · (c)
• Pub. L. 101–239, §6411(e)(1)(B)(i), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "to (or to another for the sole benefit of) the community spouse, as defined in section 1396r–5(h)(2) of this title,,". · (c)
• Pub. L. 101–239, §6411(e)(1)(B)(ii), struck out ", or" after "subparagraph (A)(ii)(II)" in cl. (ii) and struck out cl. (iii) which read as follows: "to (or to another for the sole benefit of) the individual's spouse if such spouse does not transfer such resources to an… · (c), (iii)

1988

• Pub. L. 100–360, §303(b), amended subsec. (c) generally, substituting pars. (1) to (4) relating to taking into account certain transfers of assets, for former pars. (1) to (3) relating to denial of medical assistance, period of eligibility, and exceptions. · (c)
• Pub. L. 100–485, §608(d)(16)(B)(i), substituted "period of ineligibility for nursing facility services and for a level of care in a medical institution equivalent to that of nursing facility services and for services under section 1396n(c) of this title in the case of an institution… · (c)
• Pub. L. 100–485, §608(d)(16)(B)(ii), inserted subcl. (I) and (II) designations. · (c)
• Pub. L. 100–485, §608(d)(16)(B)(iii), substituted "the individual becomes an institutionalized individual" for "of the individual's admission to the medical institution or nursing facility". · (c)
• Pub. L. 100–485, §608(d)(16)(B)(iv), substituted "the individual becomes an institutionalized individual" for "of such individual's admission to the medical institution or nursing facility". · (c)
• Pub. L. 100–485, §608(d)(16)(B)(v), inserted cl. (i) designation, substituted "section 1396r–5(h)(2) of this title,," for "section 1396r–5(h)(2) of this title, or the individual's child who is blind or permanently and totally disabled", and added cl. (ii). · (c)
• Pub. L. 100–360, §411(l)(3)(I), amended Pub. L. 100–203, §4211(h)(12)(B), see 1987 Amendment note below. · (c)
• Pub. L. 100–485, §608(d)(16)(B)(vi), substituted "in a nursing facility, who is an inpatient in a medical institution and with respect to whom payment is made based on a level of care provided in a nursing facility, or who is described in section 1396a(a)(10)(A)(ii)(VI) of this titl… · (c)
• Pub. L. 100–485, §608(d)(16)(B)(vii), added par. (5). · (c)

1987

• Pub. L. 100–203, §4211(h)(12)(A), substituted "nursing facility, intermediate care facility for the mentally retarded" for "skilled nursing facility, intermediate care facility". · (a), (c)
• Pub. L. 100–203, §4211(h)(12)(B), as amended by Pub. L. 100–360, §411(l)(3)(I), substituted "a nursing facility" for "a skilled nursing facility" in two places each in subcls. (I) and (II). · (c)

1983

• Pub. L. 97–448, §309(b)(21), substituted "who" for "and" before "has lawfully resided". · (b)
• Pub. L. 97–448, §309(b)(22), substituted in subcl. (I) "can" for "cannot" and struck out from subcl. (IV) the introductory word "if". · (c)