[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4843 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4843

  To amend titles XVIII and XIX of the Social Security Act to require 
  skilled nursing facilities and nursing facilities filing for relief 
  under title 11 of the United States Code to provide to appropriate 
 State agencies written notice of such filing, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 1998

Ms. Roybal-Allard introduced the following bill; which was referred to 
 the Committee on Ways and Means, and in addition to the Committee on 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend titles XVIII and XIX of the Social Security Act to require 
  skilled nursing facilities and nursing facilities filing for relief 
  under title 11 of the United States Code to provide to appropriate 
 State agencies written notice of such filing, 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. SHORT TITLE.

    This Act may be cited as the ``Nursing Home Residents Protection 
Act of 1998''.

SEC. 2. REQUIRED NOTICE IN CASE OF SKILLED NURSING FACILITIES OR 
              NURSING FACILITIES FILING FOR BANKRUPTCY.

    (a) Skilled Nursing Facilities.--Section 1819(c)(2) of the Social 
Security Act (42 U.S.C. 1395i-3(c)(2)) is amended by adding at the end 
the following new subparagraph:
                    ``(D) Notices in Case of Filing for Relief Under 
                Bankruptcy Laws.--
                            ``(i) Notice of filing.--A person or entity 
                        having a controlling interest in a skilled 
                        nursing facility that files a petition for 
                        relief from the debts of the facility under 
                        title 11 of the United States Code (relating to 
                        bankruptcy) shall provide written notification 
                        of such filing to the State agency responsible 
                        for the licensing of the facility. Such 
                        notification shall be made not later than one 
                        day after the date on which the facility files 
                        such petition, and shall include the location 
                        of the court in which the petition is filed.
                            ``(ii) Notice of appointment of trustee.--
                        Not later than one day after the date of the 
                        appointment of a bankruptcy trustee by reason 
                        of the filing of the petition, such person or 
                        entity shall provide written notification to 
                        such State agency of the name, address, and 
                        telephone number of the bankruptcy trustee.
                            ``(iii) Notice from state agency to 
                        trustee.--Not later than three days after the 
                        date the State agency receives notification 
                        under clause (ii), the State agency shall 
                        provide to the bankruptcy trustee written 
                        notification of all applicable laws and 
                        regulations governing the lawful operation of a 
                        nursing facility in that state.''.
    (b) Nursing Facilities.--Section 1919(c)(2) of such Act (42 U.S.C. 
1396r(c)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(F) Notices in Case of Filing for Relief Under 
                Bankruptcy Laws.--
                            ``(i) Notice of filing.--A person or entity 
                        having a controlling interest in a nursing 
                        facility that files a petition for relief from 
                        the debts of the facility under title 11 of the 
                        United States Code (relating to bankruptcy) 
                        shall provide written notification of such 
                        filing to the State agency responsible for the 
                        licensing of the facility. Such notification 
                        shall be made not later than one day after the 
                        date on which the facility files such petition, 
                        and shall include the location of the court in 
                        which the petition is filed.
                            ``(ii) Notice of appointment of trustee.--
                        Not later than one day after the date of the 
                        appointment of a bankruptcy trustee by reason 
                        of the filing of the petition, such person or 
                        entity shall provide written notification to 
                        such State agency of the name, address, and 
                        telephone number of the bankruptcy trustee.
                            ``(iii) Notice from state agency to 
                        trustee.--Not later than three days after the 
                        date the State agency receives notification 
                        under clause (ii), the State agency shall 
                        provide to the bankruptcy trustee written 
                        notification of all applicable laws and 
                        regulations governing the lawful operation of a 
                        nursing facility in that state.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of the enactment of this Act.
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