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42 U.S. Code § 1396w. Asset verification through access to information held by financial institutions
(a) Implementation
(1) In general
Subject to the provisions of this section, each State shall implement an asset verification program described in subsection (b), for purposes of determining or redetermining the eligibility of an individual for medical assistance under the State plan under this subchapter.
(2) Plan submittalIn order to meet the requirement of paragraph (1), each State shall—
(A)
submit not later than a deadline specified by the Secretary consistent with paragraph (3), a State plan amendment under this subchapter that describes how the State intends to implement the asset verification program; and
(B)
provide for implementation of such program for eligibility determinations and redeterminations made on or after 6 months after the deadline established for submittal of such plan amendment.
(3) Phase-in
(A) In general
(i) Implementation in current asset verification demo States
The Secretary shall require those States specified in subparagraph (C) (to which an asset verification program has been applied before June 30, 2008) to implement an asset verification program under this subsection by the end of fiscal year 2009.
(ii) Implementation in other StatesThe Secretary shall require other States to submit and implement an asset verification program under this subsection in such manner as is designed to result in the application of such programs, in the aggregate for all such other States, to enrollment of approximately, but not less than, the following percentage of enrollees, in the aggregate for all such other States, by the end of the fiscal year involved:
(I)
12.5 percent by the end of fiscal year 2009.
(II)
25 percent by the end of fiscal year 2010.
(III)
50 percent by the end of fiscal year 2011.
(IV)
75 percent by the end of fiscal year 2012.
(V)
100 percent by the end of fiscal year 2013.
(iii) Implementation in Puerto Rico
The Secretary shall require Puerto Rico to implement an asset verification program under this subsection by January 1, 2026.
(B) Consideration
In selecting States under subparagraph (A)(ii), the Secretary shall consult with the States involved and take into account the feasibility of implementing asset verification programs in each such State.
(C) States specified
The States specified in this subparagraph are California, New York, and New Jersey.
(D) Construction
Nothing in subparagraph (A)(ii) shall be construed as preventing a State from requesting, and the Secretary from approving, the implementation of an asset verification program in advance of the deadline otherwise established under such subparagraph.