Page:United States Statutes at Large Volume 100 Part 3.djvu/253

 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 2061

9403(c) of this subtitle, is further amended, in the matter following subparagraph (E)— (1) by striking "and" before "(VIII)"; and (2) by inserting before the semicolon at the end thereof the following: ", and (IX) the making available of respiratory care services in accordance with subsection (e)(9) shall not, by reason of this paragraph (10), require the making available of such services, or the making available of such services of the same amount, duration, and scope, to any individuals not included under subsection (e)(9)(A), provided such services are made available (in the same amount, duration, and scope) to all individuals described in such subsection". (c) CONFORMING CHANGES.—

(1) Section 1905(a) of the Social Security Act (42 U.S.C. 1395d(a)), as amended by section 1895(c)(3) of the Tax Reform Act of 1986, is further amended— Ante, p. 2931. (A) by striking "and" at the end of paragraph (19), (B) by redesignating paragraph (20) as paragraph (21), and ' ' (C) by inserting after paragraph (19) the following new paragraph: "(20) respiratory care services (as defined in section 1902(e)(9)(C)); and". Ante, p. 2060. (2) Section 19020") of the Social Security Act (42 U.S.C. 1396a(j)), as amended by section 1895(c)(3) of the Tax Reform Act of 1986, is amended by striking "(20)" and inserting in lieu thereof "(21)". (3) Section 1902(a)(10XCXiv) of the Social Security Act (42 U.S.C. 1396a(a)(10XCXiv)), as amended by section 1895(c)(3) of the Tax Reform Act of 1986, is amended by striking "through (19)" and inserting in lieu thereof "through (20)". (d) EFFECTIVE DATE.—The amendments made by this section shall 42 USC 1396a apply to services furnished on or after the date of the enactment of note. this Act.

PART 2—PROVISION OF SERVICES UNDER WAIVER AUTHORITY SEC. 9411. PERMITTING STATES TO OFFER HOME AND COMMUNITYBASED SERVICES TO CERTAIN LOW-INCOME INDIVIDUALS. (a) WAIVER AUTHORITY.—

(1) Section 1915(c)(l) of the Social Security Act (42 U.S.C. 1396n(c)(l)) is amended— (A) by inserting "a hospital or" after "level of care provided in", and (B) by striking out all beginning with "or but for" through "State plan" the third place it appears. (2) Section 1915(c)(2)(B) of such Act is amended— (A) in clause (i) by striking "skilled nursing facility or" and inserting in lieu thereof "inpatient hospital, skilled nursing facility, or", and (B) in the matter following clause (iii) by inserting 1 "inpatient hospital," after "need for". • (3) Section 1915(c)(7) of such Act is amended to read as follows: "(7) In making estimates under paragraph (2)(D) in the case of a waiver that applies only to individuals with a particular illness or

Health care facilities.

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