[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3632 Received in Senate (RDS)]







104th CONGRESS
  2d Session
                                H. R. 3632


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 1996

                                Received

_______________________________________________________________________

                                 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:

                                                ROBIN H. CARLE,

                                                                 Clerk.