Page:United States Statutes at Large Volume 101 Part 2.djvu/996

 101 STAT. 1330-202

PUBLIC LAW 100-203—DEC. 22, 1987 "(B) agreements with hospitals regarding transfers of residents to and from the hospitals and to and from other nursing facilities, "(C) disaster preparedness, "(D) direction of medical care by a physician, "(E) laboratory and radiological services, "(F) clinical records, and "(G) resident and advocate participation. "(6) SPECIFICATION OF RESIDENT ASSESSMENT DATA SET AND

INSTRUMENTS.—The Secretary shall— "(A) not later than January 1, 1989, specify a minimum data set of core elements and common dehnitions for use by nursing facilities in conducting the assessments required under subsection (b)(3), and establish guidelines for utiliza• tion of the data set; and "(B) by not later than April 1, 1990, designate one or more instruments which are consistent with the specification made under subparagraph (A) and which a State may specify under subsection (e)(5)(A) for use by nursing facilities in complying with the requirements of subsection s; (b)(3)(A)(iii). "(7) LIST OF ITEMS AND SERVICES FURNISHED IN NURSING FACILITIES N O T C H A R G E A B L E TO THE PERSONAL FUNDS OF A RESIDENT.— "(A) REGULATIONS REQUIRED.—Pursuant to the require-

ment of section 21(b) of the Medicare-Medicaid Anti-Fraud and Abuse Amendments of 1977, the Secretary shall issue regulations, on or before the first day of the seventh month to begin after the date of enactment of this section, that define those costs which may be charged to the personal funds of patients in nursing facilities who are individuals receiving medical assistance with respect to nursing facility services under this title and those costs which are to be included in the payment amount under this title for nursing facility services. (B) RULE IF FAILURE TO PUBUSH REGULATIONS.—If the

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Secretary does not issue the regulations under subparagraph (A) on or before the date required in that subparagraph, in the case of a resident of a nursing facility who is eligible to receive benefits for nursing facility services under this title, for purposes of section 1902(a)(28XB), the Secretary shall be deemed to have promulgated regulations under this paragraph which provide that the costs which may not be charged to the personal funds of such resident (and for which payment is considered to be made under this title) do not include, at a minimum, the costs for routine personal hygiene items and services furnished by the fsicility.

"(8) FEDERAL MINIMUM CRITERIA AND MONITORING FOR • PREADMISSION SCREENING AND RESIDENT REVIEW.— ^ "(A) MINIMUM CRITERIA.—The Secretary shall develop, by

not later than October 1, 1988, minimum criteria for States to use in making determinations under subsections (b)(3)(F) and (e)(7)(B) and in permitting individuals adversely affected to appeal such determinations, and shall notify the States of such criteria. "(B) MONITORING COMPLIANCE.—The Secretary shall review, in a sufficient number of cases to allow reasonable

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