Benjamin B. and Dorina Micorescu - Page 19

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            (1992), where the Court said:  "There is no indication in any of                            
            the House or Senate hearings on the bill or in the reports of                               
            either congressional branch that would indicate that a                                      
            distinction should be made that section 131 only applies if a                               
            tax-exempt agency is State funded."                                                         
            We find that the intent of Congress as expressed in the                                     
            pertinent legislative history comports with the plain meaning of                            
            the language in section 131.  The record in this case makes it                              
            clear that enrollees in the ElderPlace program who were in                                  
            petitioners' foster home were "placed by" ElderPlace in the home                            
            according to the ordinary use and plain meaning of the verb "to                             
            place".                                                                                     
                  The individuals placed in petitioners' home by ElderPlace                             
            were not qualified foster individuals because they were not                                 
            placed by an agency of the State or a political subdivision                                 
            thereof.  Because the ElderPlace enrollees were not qualified                               
            foster individuals, amounts paid to petitioners for providing                               
            care for them cannot be qualified foster care payments.                                     
            Medicaid Policy                                                                             
                  Petitioners further argue that a finding by the Court that                            
            section 131 does not cover their payments from ElderPlace would                             
            produce "absurd results" and that the future of this experimental                           
            program would be imperiled.  The example of "absurd results"                                
            cited by petitioners is the case where a foster home resident                               





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