[106th Congress Public Law 4]
[From the U.S. Government Printing Office]
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[DOCID: f:publ004.106]
[[Page 113 STAT. 7]]
Public Law 106-4
106th Congress
An Act
To amend title XIX of the Social Security Act to prohibit transfers or
discharges of residents of nursing facilities as a result of a voluntary
withdrawal from participation in the Medicaid Program. <<NOTE: Mar. 25,
1999 - [H.R. 540]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Nursing Home
Resident Protection Amendments of 1999.>>
SECTION 1. SHORT TITLE. <<NOTE: 42 USC 1305 note.>>
This Act may be cited as the ``Nursing Home Resident Protection
Amendments of 1999''.
SEC. 2. RESTRICTIONS ON TRANSFERS OR DISCHARGES OF NURSING FACILITY
RESIDENTS IN THE CASE OF VOLUNTARY WITHDRAWAL FROM
PARTICIPATION UNDER THE MEDICAID PROGRAM.
(a) In General.--Section 1919(c)(2) of the Social Security Act (42
U.S.C. 1396r(c)(2)) is amended by adding at the end the following new
subparagraph:
``(F) Continuing rights in case of voluntary
withdrawal from participation.--
``(i) In general.--In the case of a nursing
facility that voluntarily withdraws from
participation in a State plan under this title but
continues to provide services of the type provided
by nursing facilities--
``(I) the facility's voluntary
withdrawal from participation is not an
acceptable basis for the transfer or
discharge of residents of the facility
who were residing in the facility on the
day before the effective date of the
withdrawal (including those residents
who were not entitled to medical
assistance as of such day);
``(II) the provisions of this
section continue to apply to such
residents until the date of their
discharge from the facility; and
``(III) in the case of each
individual who begins residence in the
facility after the effective date of
such withdrawal, the facility shall
provide notice orally and in a prominent
manner in writing on a separate page at
the time the individual begins residence
of the information described in clause
(ii) and shall obtain from each such
individual at such time an
acknowledgment of receipt of such
information that is in writing, signed
by the indi-
vidual, and separate from other
documents signed by such individual.
[[Page 113 STAT. 8]]
Nothing in this subparagraph shall be construed as
affecting any requirement of a participation
agreement that a nursing facility provide advance
notice to the State or the Secretary, or both, of
its intention to terminate the agreement.
``(ii) Information for new residents.--The
information described in this clause for a
resident is the following:
``(I) The facility is not
participating in the program under this
title with respect to that resident.
``(II) The facility may transfer or
discharge the resident from the facility
at such time as the resident is unable
to pay the charges of the facility, even
though the resident may have become
eligible for medical assistance for
nursing facility services under this
title.
``(iii) Continuation of payments and oversight
authority.--Notwithstanding any other provision of
this title, with respect to the residents
described in clause (i)(I), a participation
agreement of a facility described in clause (i) is
deemed to continue in effect under such plan after
the effective date of the facility's voluntary
withdrawal from participation under the State plan
for purposes of--
``(I) receiving payments under the
State plan for nursing facility services
provided to such residents;
``(II) maintaining compliance with
all applicable requirements of this
title; and
``(III) continuing to apply the
survey, certification, and enforcement
authority provided under subsections (g)
and (h) (including involuntary
termination of a participation agreement
deemed continued under this clause).
``(iv) No application to new residents.--This
paragraph (other than subclause (III) of clause
(i)) shall not apply to an individual who begins
residence in a facility on or after the effective
date of the withdrawal from participation under
this subparagraph.''.
(b) <<NOTE: 42 USC 1396r note.>> Effective Date.--The amendment made
by subsection (a) applies to voluntary withdrawals from participation
occurring on or after the date of the enactment of this Act.
Approved March 25, 1999.
LEGISLATIVE HISTORY--H.R. 540 (S. 494):
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HOUSE REPORTS: No. 106-44 (Comm. on Commerce).
SENATE REPORTS: No. 106-13 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Mar. 9, 10, considered and passed House.
Mar. 15, considered and passed Senate.
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