[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3632 Engrossed in House (EH)]
2d Session
H. R. 3632
_______________________________________________________________________
AN ACT
To amend title XIX of the Social Security Act to repeal the
requirement for annual resident review for nursing facilities under the
Medicaid program and to require resident reviews for mentally ill or
mentally retarded residents when there is a significant change in
physical or mental condition.
104th CONGRESS
2d Session
H. R. 3632
_______________________________________________________________________
AN ACT
To amend title XIX of the Social Security Act to repeal the
requirement for annual resident review for nursing facilities under the
Medicaid program and to require resident reviews for mentally ill or
mentally retarded residents when there is a significant change in
physical or mental condition.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPEAL OF REQUIREMENT FOR ANNUAL RESIDENT REVIEW FOR
MENTALLY ILL AND MENTALLY RETARDED NURSING FACILITY
RESIDENTS.
(a) In General.--Section 1919(e)(7) of the Social Security Act (42
U.S.C. 1396r(e)(7)) is amended--
(1) in subparagraph (B)--
(A) by striking ``annual'' in the heading, and
(B) by striking clause (iii); and
(2) in subparagraph (D)(i), by striking ``annual'' in the
heading.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 2. REQUIREMENT FOR REVIEW IN CASE OF SIGNIFICANT CHANGE IN
PHYSICAL OR MENTAL CONDITION OF MENTALLY ILL OR MENTALLY
RETARDED NURSING FACILITY RESIDENTS.
(a) Requirement for Notification of State Authority.--Section
1919(b)(3)(E) of the Social Security Act (42 U.S.C. 1396r(b)(3)(E)) is
amended by adding at the end the following: ``In addition, a nursing
facility shall notify the State mental health authority or State mental
retardation or developmental disability authority, as applicable,
promptly after a significant change in the physical or mental condition
of a resident who is mentally ill or mentally retarded.''.
(b) Requirement for Review.--Section 1919(e)(7)(B) of such Act (42
U.S.C. 1396r(e)(7)(B)), as amended by section 1(a)(1), is amended by
inserting after clause (ii) the following new clause:
``(iii) Review required upon change in
resident's condition.--A review and
determination under clause (i) or (ii) must be
conducted promptly after a nursing facility has
notified the State mental health authority or
State mental retardation or developmental
disability authority, as applicable, under
subsection (b)(3)(E) with respect to a mentally
ill or mentally retarded resident, that there
has been a significant change in the resident's
physical or mental condition.''.
(c) Effective Date.--The amendments made by this section shall
apply to changes in physical or mental condition occurring on or after
the date of the enactment of this Act.
Passed the House of Representatives September 28, 1996.
Attest:
Clerk.