[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 86 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 86

  To modify the estate recovery provisions of the medicaid program to 
give States the option to recover the costs of home and community-based 
     services for individuals over age 55, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

 Mr. Feingold introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To modify the estate recovery provisions of the medicaid program to 
give States the option to recover the costs of home and community-based 
     services for individuals over age 55, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MEDICAID ESTATE RECOVERIES.

    Section 1917(b)(1)(B) of the Social Security Act (42 U.S.C. 
1396p(b)(1)(B)) is amended by striking ``consisting of--'' and all that 
follows and inserting the following: ``consisting of--
                    ``(i) nursing facility services and related 
                hospital and prescription drug services; and
                    ``(ii) at the option of the State, any additional 
                items or services under the State plan.''.

SEC. 2. REQUIRING STATES TO REGULATE GROWTH IN THE NUMBER OF NURSING 
              FACILITY BEDS.

    (a) In General.--A nursing facility shall not receive reimbursement 
under the medicare program under title XVIII of the Social Security 
Act, the medicaid program under title XIX of such Act, or any other 
Federal program for services furnished with respect to any beds first 
operated by such facility on or after the date of the enactment of this 
Act unless a certificate of need is issued by the State with respect to 
such beds.
    (b) Issuance of Certificate.--A certificate of need may be issued 
by a State with respect to a geographic area only if the ratio of the 
number of nursing facility beds in such area to the total population in 
such area that is likely to need such beds is below the ratio included 
in guidelines that are established by the State and approved by the 
Secretary of Health and Human Services under subsection (c).
    (c) Approval of Guidelines.--The Secretary of Health and Human 
Services shall promulgate regulations under which States may submit 
proposed guidelines for the issuance of certificates of need under 
subsection (b) for review and approval.
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