Page:United States Statutes at Large Volume 101 Part 2.djvu/987

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-193

fer, discharge, and the provision of services required under the State plan for all individuals regardless of source of payment. (B) CONSTRUCTION.— "(i) NOTHING PROHIBITING ANY CHARGES FOR NON-

MEDiCAiD PATIENTS.—Subparagraph (A) shall not be construed as prohibiting a nursing facility from charging any amount for services furnished, consistent with the notice in paragraph (I)(B) describing such charges, "(ii) No ADDITIONAL SERVICES REQUIRED.—Subparagraph (A) shall not be construed as requiring a State to offer additional services on behalf of a resident than are otherwise provided under the State plan. '(5) ADMISSIONS POLICY.—

"(A) ADMISSIONS.—With respect to admissions practices, a nursing facility must— "(i)(1) not require individuals applying to reside or residing in the facility to waive their rights to benefits under this title or title XVIII, (II) not require oral or written assurance that such individuals are not eligible for, or will not apply for, benefits under this title or title XVIII, and (III) prominently display in the facility written information, and provide to such individuals oral and written information, about how to apply for and use such benefits and how to receive refunds for previous payments covered by such benefits; "(ii) not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility; and "(iii) in the case of an individual who is entitled to medical Eissistance for nursing facility services, not charge, solicit, accept, or receive, in addition to any amount otherwise required to be paid under the State plan under this title, any gift, money, donation, or other consideration as a precondition of admitting (or expediting the admission of) the individual to the facility or as a requirement for the individual's continued stay in the facility. "(B) CONSTRUCTION.— "(i) N o PREEMPTION

OF

STRICTER

STANDARDS.—

Subparagraph (A) shall not be construed as preventing States or political subdivisions therein from prohibiting, under State or local law, the discrimination against individuals who are entitled to medical assistance under the State plan with respect to admissions practices of nursing facilities. "(ii)

CONTRACTS

WITH

LEGAL

REPRESENTATIVES.—

Subparagraph (A)(ii) shall not be construed as preventing a facility from requiring an individual, who has legal access to a resident's income or resources available to pay for care in the facility, to sign a contract (without incurring personal financial liability) to provide payment from the resident's income or resources for such care. "(iii) CHARGES FOR ADDITIONAL SERVICES REQUESTED.— Subparagraph (A)(iii) shall not be construed as preventing a facility from charging a resident, eligible for

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