Page:United States Statutes at Large Volume 101 Part 2.djvu/997

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-203

inferences, each State's compliance with the requirements of subsection (e)(7)(C)(ii) (relating to discharge and placement for active treatment of certain residents). "(9) ® CRITERIA FOR MONITORING STATE WAIVERS.—The Sec^ retary shall develop, by not later than October 1, 1988, criteria and procedures for monitoring State performances in granting waivers pursuant to subsection (b)(4)(C)(ii).". (b) INCORPORATING REQUIREMENTS INTO STATE PLAN.—

(1) IN GENERAL.—Section 1902(a) of such Act (42 U.S.C. .1396a(a)) is amended— (A) in paragraph (13)(A), by inserting "which, in the case of nursing facilities, take into account the costs of complying with subsections (b) (other than paragraph (3)(F) thereof), (c), and (d) of section 1919 and provide (in the case of a nursing facility with a waiver under section 1919(b)(4)(C)(ii)) for an appropriate reduction to take into account the lower costs (if any) of the facility for nursing care," after "State" the second place it appears; and (B) by amending paragraph (28) to read as follows: "(28) provide— "(A) that any nursing facility receiving payments under such plan must satisfy all the requirements of subsections (b) through (d) of section 1919 as they apply to such facilities; "(B) for including in 'nursing facility services' at least the items and services specified (or deemed to be specified) by the Secretary under section 1919(f)(7) and making available upon request a description of the items and services so included; "(C) for procedures to make available to the public the data and methodology used in establishing payment rates for nursing facilities under this title; and "(D) for compliance (by the date specified in the respective sections) with the requirements of— "(i) section 1919(0 (relating to implementation of , nursing facility requirements, including paragraph ,: (6)(B), relating to specification of resident assessment instrument); "(ii) section 1919(g) (relating to responsibility for survey and certification of nursing facilities); and "(iii) sections 1919(h)(2)(B) and 1919(h)(2)(D) (relating to establishment and application of remedies);". (2) STATE PLAN AMENDMENT REQUIRED.—A plan of a State 42 USC I396a under title XIX of the Social Security Act shall not be consid- note. ered to have met the requirement of section 1902(a)(13)(A) of the Social Security Act (as amended by paragraph (1)(A) of this subsection), as of the first day of a Federal fiscal year (beginning on or after October 1, 1990), unless the State has submitted to the Secretary of Health and Human Services, as of April 1 before the fiscal year, an amendment to such State plan to provide for an appropriate adjustment in payment amounts for nursing facility services furnished during the Federal fiscal year. The Secretary shall, not later than September 80 before the fiscal year concerned, review each such plan amendment for •e Copy read " "(8)".

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