This provision was effectuated via the April 2010 final notice governing Part D for CY11.
SEC. 3304. SPECIAL RULE FOR WIDOWS AND WIDOWERS REGARDING ELIGIBILITY FOR LOW-INCOME ASSISTANCE. (a) IN GENERAL.—Section 1860D–14(a)(3)(B) of the Social Security Act (42 U.S.C. 1395w–114(a)(3)(B)) is amended by adding at the end the following new clause: ‘‘(vi) SPECIAL RULE FOR WIDOWS AND WIDOWERS.— Notwithstanding the preceding provisions of this subparagraph, in the case of an individual whose spouse dies during the effective period for a determination or redetermination that has been made under this subparagraph, such effective period shall be extended through the date that is 1 year after the date on which the determination or redetermination would (but for the application of this clause) otherwise cease to be effective.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on January 1, 2011.