Page:United States Statutes at Large Volume 102 Part 1.djvu/838

 102 STAT. 800

AIDS.

Drugs and drug abuse.

State and local governments. Safety.

PUBLIC LAW 100-360—JULY 1, 1988

hospital or nursing facility the cost of which could be reimbursed under the State plan. "(B) Children described in this subparagraph are individuals under 5 years of age who— "(i) at the time of birth were infected with (or tested positively for) the etiologic agent for acquired immune deficiency syndrome (AIDS), "(ii) have such syndrome, or "(iii) at the time of birth were dependent on heroin, cocaine, or phencyclidine, and with respect to whom adoption or foster care assistance is (or will be) made available under part E of title IV. "(2) A waiver shall not be granted under this subsection unless the State provides assurances satisfactory to the Secretary that— "(A) necessary safeguards (including adequate standards for provider participation) have been taken to protect the health and welfare of individuals provided services under the waiver and to assure financial accountability for funds expended with respect to such services; ' (B) under such waiver the average per capita expenditure estimated by the State in any fiscal year for medical assistance provided with respect to such individuals does not exceed 100 percent of the average per capita expenditure that the State reasonably estimates would have been made in that fiscal year for expenditures under the State plan for such individuals if the waiver had not been granted; and "(C) the State will provide to the Secretary annually, consistent with a data collection plan designed by the Secretary, information on the impact of the waiver granted under this subsection on the type and amount of medical assistance provided under the State plan and on the health and welfare of recipients. "(3) A waiver granted under this subsection may include a waiver of the requirements of section 1902(a)(l) (relating to statewideness) and section 1902(a)(10XB) (relating to comparability). A waiver under this subsection shall be for an initial term of 3 years and, upon the request of a State, shall be extended for additional fiveyear periods unless the Secretary determines that for the previous waiver period the assurances provided under paragraph (2) have not been met. "(4) The provisions of paragraph (6) of subsection (d) shall apply to this subsection in the same manner as it applies to subsection (d)."; and (iv) in subsection (h), by striking "or (d)" and inserting "(d), or (e)". (B) Section 1902(a)(10XAXiiXVI) of such Act (42 U.S.C. 1396a(a)(10XAXiiXVI)) is amended by striking "(c) or (d)" each place it appears and inserting "(c), (d), or (e)". G) CORRECTIONS RELATING TO SUBTITLE C OF TITLE IV (NURSING HOME REFORM).— (1) SECTION 4201.—(A) Section 1819 of the Social Security Act,

42 USC 13951-3.

as added by section 4201(a)(3) of OBRA, is amended— (i) in subsection (b)(3)(C)(i)(I), by striking "October 1, 1990" the second place it appears and inserting "January 1, 1991"; (ii) in subsection (b)(4)(C)(i)— (I) by inserting "licensed" after "24-hour",

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