[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2061 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2061

To amend title XIX of the Social Security Act to prohibit transfers or 
             discharges of residents of nursing facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 1998

 Mr. Graham (for himself, Mr. Chafee, Mr. Johnson, Mr. Harkin, and Mr. 
   Grassley) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XIX of the Social Security Act to prohibit transfers or 
             discharges of residents of nursing facilities.

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

SECTION 1. RESTRICTIONS ON TRANSFERS OR DISCHARGES OF NURSING FACILITY 
              RESIDENTS UNDER THE MEDICAID PROGRAM.

    (a) In General.--Section 1919(d) of the Social Security Act (42 
U.S.C. 1396r(d)) is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3), the following:
            ``(4) Restrictions on transfers or discharges of 
        residents.--
                    ``(A) In general.--A nursing facility shall not--
                            ``(i) transfer or discharge (or seek to 
                        transfer or discharge) from the facility any 
                        resident on the basis of the resident's 
                        eligibility for medical assistance for services 
                        provided by the facility (and for having 
                        payment made) under the State plan under this 
                        title; and
                            ``(ii) if the facility ceases or will cease 
                        to be a participating provider under the State 
                        plan under this title, transfer or discharge 
                        (or seek to transfer or discharge) from the 
                        facility any resident on the basis of the 
                        resident's eligibility for medical assistance 
                        under the State plan with respect to such 
                        services.
                    ``(B) Continuation of payments and oversight 
                authority.--Notwithstanding any other provision of this 
                title, a facility described in subparagraph (A)(ii) 
                shall be deemed to be a participating provider under 
                the State plan under this title with respect to the 
                residents determined to be eligible for medical 
                assistance under the State plan who remain in the 
                facility after the facility otherwise ceases to be a 
                participating provider under the State plan for 
                purposes of--
                            ``(i) receiving payments under the State 
                        plan for services provided to such residents; 
                        and
                            ``(ii) maintaining compliance with all 
                        applicable requirements of this title.
                    ``(C) New residents.--This paragraph shall not 
                apply to or affect a facility's refusal to accept any 
                individual as a new resident of the facility.''.
    (b) Clarification Regarding Transfers or Discharges for Failure To 
Pay.--Section 1919(c)(2)(A) of such Act (42 U.S.C. 1396r(c)(2)(A)) is 
amended, in the matter following clause (vi), by inserting before the 
period the following: ``, and in no case shall the withdrawal or 
termination of the facility as a participating provider under the State 
plan under this title be construed as a failure to pay on the part of a 
resident who has been determined to be eligible for medical assistance 
for services provided by the facility under the State plan''.
    (c) Effective Date.--The amendments made by this section shall 
apply to transfers or discharges occurring on or after the date of 
enactment of this section.

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