Page:United States Statutes at Large Volume 100 Part 3.djvu/255

 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 2063

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(ii) there will be no reduction or limitation in benefits to a medicaid beneficiary under the program. (3) The authority under this subsection extends only to the following, as they relate to the provision of mental health services: (A) A waiver of the requirements of sections 1902(a)(l), 1902(a)(10)(B), 1902(a)(23), and 1902(a)(30) and clauses (i) and 42 USC 1396a, (ii) of section 1903(m)(2) of the Social Security Act. (B) Including as "medical assistance" under the State 1396b. plan case management services with respect to mentally ill patients, habilitation services (as defined in section 1915(c)(5) of such Act), day treatment or other partial hos- 42 USC 1396n. -af,; pitalization services, residential services (other than room and board), psychosocial rehabilitation services, clinic services (whether or not furnished in a facility), and such other services as the State may request and the Secretary may approve for individuals covered under the demonstration project. (4)(A) A waiver under this subsection shall be for an initial term of three years which may be extended for an additional two-year term. The request of a State for extension of such a waiver shall be deemed granted unless the Secretary denies such request in writing within 90 days after the date of its submission to the Secretary. (B) The authority to approve a waiver under this subsection extends only during the five-year period beginning on October 1, 1986. (5) Subsections (c)(6) and (e)(1) of section 1915 of the Social Security Act shall apply to a waiver under this subsection in the same manner as they apply to a waiver under that section. (6) The Secretary shall report, not later than January 1, 1993, Reports. to Congress on the cost, accessibility, utilization, and quality of services provided under waivers granted under this subsection, (b) FRAIL ELDERLY DEMONSTRATION PROJECT WAIVERS.—

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(1) The Secretary of Health and Human Services shall grant waivers of certain requirements of titles XVIII and XIX of the Social Security Act to not more than 10 public or nonprofit private community-based organizations to enable such organizations to provide comprehensive health care services on a capitated basis to frail elderly patients at risk of institutionalization. (2)(A) Except as provided in subparagraph (B), the terms and conditions of a waiver granted pursuant to this subsection shall be substantially the same as the terms and conditions of the On Lok waiver (referred to in section 603(c) of the Social Security Amendments of 1983 and extended by section 9220 of the Consolidated Omnibus Budget Reconciliation Act of 1985). (B) In order to receive a waiver under this subsection, an organization must be awarded a grant from the Robert Wood Johnson Foundation. (C) Subject to subparagraph (B), any waiver granted pursuant to this subsection shall be for an initial period of 3 years. The Secretary may extend such waiver beyond such initial period for so long as the Secretary finds that the organization complies with the terms and conditions described in subparagraphs (A) and (B).

42 USC 1395, 1396.

42 USC 1395b-l notes. Ante, p. 183. Grants.

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