[104th Congress Public Law 315]
[From the U.S. Government Printing Office]
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[DOCID: f:publ315.104]
[[Page 110 STAT. 3824]]
Public Law 104-315
104th Congress
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. <<NOTE: Oct. 19, 1996 - [H.R. 3632]>>
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.
<<NOTE: 42 USC 1396r note.>> (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:
[[Page 110 STAT. 3825]]
``(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.''.
<<NOTE: 42 USC 1396r note.>> (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.
Approved October 19, 1996.
LEGISLATIVE HISTORY--H.R. 3632:
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HOUSE REPORTS: No. 104-817 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 28, considered and passed House.
Oct. 3, considered and passed Senate.
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