Page:United States Statutes at Large Volume 102 Part 1.djvu/842

 102 STAT. 804

PUBLIC LAW 100-360—JULY 1, 1988

(5) SECTIONS 4202 AND 4212.—Sections 1819(g) and 1919(g) of the Social Security Act, as added by sections 4202(a)(2) and 42 USC l395i-3, 4212(a) of OBRA, respectively, are amended— (A) in paragraph (I)(C), by striking ", review," and inserting "and timely review"; (B) in the first sentence of paragraph (I)(C), by inserting "or by another individual used by the facility in providing services to such a resident" after "a nursing facility"; (C) by striking the second sentence of paragraph dXC) State and local and inserting the following: "The State shall, after notice to governments. the individual involved and a reasonable opportunity for a professionals hearing for the individual to rebut allegations, make a finding as to the accuracy of the allegations. If the State finds that a nurse aide has neglected or abused a resident or misappropriated resident property in a facility, the State shall notify the nurse aide and the registry of such finding. If the State finds that any other individual used by the facility has neglected or abused a resident or misappropriated resident property in a facility, the State shall notify the appropriate licensure authority."; (D) in paragraph (1)(D), by striking "to establish standards under subsection (f)" and inserting "to issue regulations to carry out this subsection"; (E) in paragraph (2)(A)(i), by amending the third sentence to read as follows: "The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a)."; (F) in paragraph (3)(D) (relating to special surveys of compliance, as redesignated by paragraph (6)(A) in the case of section 1919(g)), by striking "on that basis" and inserting "on the basis of that survey"; and (G) in paragraph (4), by striking "chronically". (6) SECTION 42i2.--(A) Section 1919(g)(3) of the Social Security Act, as added by section 4212(a) of OBRA, is amended by redesignating the second subparagraph (C) (relating to special surveys of compliance) as subparagraph (D). 42 USC I395aa, (B) Section 42120?) of OBRA is amended to read as follows: ^^^^^"(b) POSTING SURVEY RESULTS.—Section 1919(c) of such Act is amended by adding at the end the following new paragraph: " '(7) POSTING OF SURVEY RESULTS.—A nursing facility must post in a place readily accessible to residents, and family members and legal representatives of residents, the results of the most recent survey of the facility conducted under subsection (g).'.". 42 USC 1396a. (C) Section 1902(a)(33XB) of the Social Security Act, as amended by section 4212(d)(3) of OBRA, is amended by striking "1919(d)" and inserting "1919(g)". 42 USC 1396a. (J)) Section 4212(e)(l)(B) of OBRA is amended by inserting "provided" after "services" each place it appears. (E) Section 4212(e) of OBRA is amended by adding at the end the following new paragraph: 42 USC i396r-3. "(5) Section 1922(e) of such Act, as redesignated and transferred by section 4211(a)(2) of this Act, is amended by striking '1910(c)' in paragraphs (1) and (2)(A) and inserting '1910(b)'.".

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