Page:United States Statutes at Large Volume 101 Part 2.djvu/951

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-157

bus Budget Reconciliation Act of 1985, subsection (j)(l) of such section is amended by inserting before the period at the end the following: "to individuals eligible for services under a waiver granted under section 1915(c) of the Social Security Act, without regard to whether such individuals were receiving institutional services before their participation in the waiver". (k) SECTION 2176

WAIVER FOR INSTITUTIONALIZED DEVELOPMEN-

TALLY DISABLED.—Section 1915(c)(7) of the Social Security Act (42 U.S.C. 1396n(c)(7)) is amended by inserting "(A)" after "(7)" and adding at the end the following new subparagraph: "(B) In making estimates under paragraph (2)(D) in the case of a waiver that applies only to individuals with developmental disabilities who are inpatients in a skilled nursing facility or intermediate care facility and whom the State has determined, on the basis of an evaluation under paragraph (2)(B), to need the level of services provided by an intermediate care facility for the mentally retarded, the State may determine the average per capita expenditures that would have been made in a fiscal year for those individuals under the State plan on the bsisis of the average per capita expenditures under the State plan for services to individuals who are inpatients in an intermediate care facility for the mentally retarded.". (1) RENEWAL OF FREEDOM-OF-CHOICE WAIVERS.—

(1) Section 1915(h) of such Act (42 U.S.C. 1396n(h)) is amended by striking "denies such request in writing within 90 days after the date of its submission to the Secretary." and inserting ", within 90 days after the date of its submission to the Secretary, either denies such request in writing or informs the State agency in writing with respect to any additional information which is needed in order to make a final determination with 6 respect to the request. After the date the Secretary receives such additional information, the request shall be deemed granted unless the Secretary, within 90 day of such date, denies (2) The amendment made by paragraph (1) shall apply to Effective date. requests for continuation of waivers received after the date of 42 USC 1396n note. the enactment of this Act. (m) REPEAL OF COORDINATED AUDIT REQUIREMENT.—
 * - > such request.".

(I)(A) Section 1129 of such Act (42 U.S.C. 1320a-8) is repealed. (B) Section 1902(a)(42) of such Act (42 U.S.C. 1396a(a)(42)) is (i) by striking "(A)", and
 * ^i amended—
 * -5

(ii) by striking ", (B)" and all that follows up to the ^^semicolon at the end. (2) The amendments made by paragraph (1) shall apply to audits conducted after the date of the enactment of this Act. (n) TEMPORARY TECHNICAL ERROR DEFINITION.—For purposes of section 1903(u)(l)(E)(ii) of the Social Security Act, effective for the period beginning on the date of enactment of this Act and ending December 31, 1988, a "technical error" ^^ is gm error in eligibility condition (such as assignment of social security numbers and assignment of rights to third-party benefits as a condition of eligibility) that, if corrected, would not result in a difference in the amount of medical assistance paid. " Copy read " 'technical error' ".

Effective date. 42 USC 1396a note. 42 USC 1396b note.

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