Page:United States Statutes at Large Volume 101 Part 2.djvu/998

 101 STAT. 1330-204

PUBLIC LAW 100-203—DEC. 22, 1987

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Reports. 42 USC 1396r "°^®-

compliance with such requirement and by such date shall approve or disapprove each such amendment. If the Secretary disapproves such an amendment, the State shall immediately submit a revised amendment which meets such requirement. The absence of approval of such a plan amendment does not relieve the State or any nursing facility of any obligation or requirement under title XIX of the Social Security Act (as amended by this Act). (c) EVALUATION.—The Secretary of Health and Human Services shall evaluate, and report to Congress by not later than January 1, 1993, on the implementation of the resident assessment process for residents of nursing facilities under the amendments made by this section. (d) FUNDING.—

(1) IN GENERAL.—Section 1903(a)(2) of such Act (42 U.S.C. 1396b(a)(2)) is amended— (A) by inserting "(A)" after "(2)", and (B) by adding at the end the following new subparagraphs: "(B) notwithstanding paragraph (1) or subparagraph (A), with .V respect to amounts expended for nursing aide training and competency evaluation programs, and competency evaluation programs, described in section 1919(e)(1), regardless of whether the programs are provided in or outside nursing facilities or of the skill of the personnel involved in such programs, an amount equal to 50 percent of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to such programs; plus J "(C) an amount equal to 75 percent of so much of the sums ^ expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to preadmission screening and resident review activities conducted by the State under section 1919(e)(7); plus". 42 USC 1396b

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(2) ENHANCED FUNDING FOR NURSE AIDE TRAINING.—For Cal-

endar quarters during fiscal years 1988 and 1989, with respect ^' to payment under section 1903(a)(2)(B) of the Social Security Act to a State for additional amounts expended by the State under ' ' its plan approved under title XIX of such Act for nursing aide training and competency evaluation programs, and competency '*' evaluation programs, described in section 1919(e)(1) of such title, any reference to "50 percent" is deemed a reference to the sum of the Federal medical assistance percentage (determined under section 1905(b) of such Act) plus 25 percentage points, but not to exceed 90 percent. (e) REVISION OF PREVIOUS DEFINITIONS.—Section 1905 of such Act (42 U.S.C. 1396d) is amended— (1) by amending subsection (c) to read as follows: "(c) For definition of the term 'nursing facility', see section 1919(a)."; (2) in subsection (d)— (A) by striking "intermediate care facility services" and inserting "intermediate care facility for the mentally re>^^ - i tarded", (B) by striking "may include services in a public" and inserting "means an",

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