Page:United States Statutes at Large Volume 100 Part 1.djvu/250

 100 STAT. 214

PUBLIC LAW 99-272—APR. 7, 1986

reasonable notice thereof to the staff and residents of the facility, responsible members of the residents' families, and the general public; "(2) demonstrate that the State has successfully provided home and community services similar to the services proposed to be provided under the reduction plan for similar individuals eligible for medical assistance; and "(3) provide assurances that the requirements of subsection (c) shall be met with respect to the reduction plan. "(c) The reduction plan must— "(1) identify the number and service needs of existing facility residents to be provided home or community services and the timetable for providing such services, in 6 month intervals, within the 36-month period; "(2) describe the methods to be used to select such residents for home and community services and to develop the alternative home and community services to meet their needs effectively; "(3) describe the necessary safeguards that will be applied to protect the health and welfare of the former residents of the facility who are to receive home or community services, including adequate standards for consumer and provider participation and assurances that applicable State licensure and applicable State and Federal certification requirements will be met in providing such home or community services; "(4) provide that residents of the affected facility who are eligible for medical assistance while in the facility shall, at their option, be placed in another setting (or another part of the affected facility) so as to retain their eligibility for medical assistance; "(5) specify the actions which will be taken to protect the health and safety of the residents who remain in the affected facility while the reduction plan is in effect; "(6) provide that the ratio of qualified staff to residents at the affected facility (or the part thereof) which is subject to the reduction plan will be the higher of— "(A) the ratio which the Secretary determines is necessary in order to assure the health and safety of the residents of such facility (or part thereof); or "(B) the ratio which was in effect at the time that the finding of substantial deficiencies (referred to in subsection (a)) was made; and "(7) provide for the protection of the interests of employees affected by actions under the reduction plan, including— "(A) arrangements to preserve employee rights and benefits; "(B) training and retraining of such employees where necessary; "(C) redeployment of such employees to community settings under the reduction plan; and (D) making maximum efforts to guarantee the employment of such employees (but this requirement shall not be construed to guarantee the employment of any employee). "(d)(1) The Secretary must provide for a period of not less than 30 days after the submission of a reduction plan by a State, during which comments on such reduction plan may be submitted to the Secretary, before the Secretary approves or disapproves such reduction plan.

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