Page:United States Statutes at Large Volume 102 Part 1.djvu/843

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PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 805

(7) SECTIONS 4203 AND 4213.—(A) Sections 1819(h)(2)(B)(ii) and 1919(h)(3)(C)(ii) of the Social Security Act, as added by sections 4203(a)(2) and 4213(a) of OBRA, respectively, are each amended by striking "and the Secretary" and all that follows through "1128A." and inserting the following: ". 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).". (B) Sections 1819(h)(6) and 1919(h)(9) of the Social Security Act, as added by sections 4203(a)(2) and 4213(a) of OBRA, respectively, are each amended by inserting "by such facilities" after "shall be made available". (8) SECTION 4213.—(A) Section 4213(a) of OBRA is amended by striking "as inserted by section 4201 and simended by section 4202" and inserting "as inserted by section 4211 and amended by section 4212". (B) Section 1919(h) of the Social Security Act, as added by section 4213(a) of OBRA, is amended— (i) in the last sentence of paragraph (1), by striking "(2)(A)(i)" and inserting "(2)(A)(ii)", (ii) in the second sentence of paragraph (2)(B)(i), by striking "or otherwise", and (iii) in paragraph (5), by striking "State and the Secretary" and inserting "State or the Secretary, respectively". (C) Paragraph (1) of section 4213(b) of OBRA is amended by striking "1902 and all that follows through the end and inserting the following: "1902(i) of such Act (42 U.S.C. 1396a(i)) is amended— "(A) in paragraph (1), by striking 'skilled nursing facility or intermediate care facility' and inserting 'intermediate care facility for the mentally retarded'; "(B) in paragraph (1), by striMng 'the provisions of section 1861(j) or section 1905(c), respectively,' and inserting 'the requirements for such a facility under this title'; and (C) in paragraphs (2) and (3), by striking 'the provisions of section 1861(j) or section 1905(c) (as the case may be)' and inserting 'the requirements for such a facility under this title'.". (9) SECTION 4204.—(A) Section 4204(a) of OBRA is amended by striking "extended care". (B) Section 4204 of OBRA is amended— (i) in subsection (a), by striking "made by this part" and inserting "made by sections 4201 and 4202 (relating to skilled nursing facility requirements and survey and certification requirements)', (ii) by redesignating subsection (c) as subsection (d), and (iii) by inserting after subsection (a) the following new subsection: "(b) ENFORCEMENT.—(1) Except as otherwise specifically provided in section 1819 of the Social Security Act, the amendments made by section 4203 of this Act apply January 1, 1988, without regard to whether regulations to implement such amendments are promulgated by such date. "(2) In applying the amendments made by section 4203 of this Act for services furnished by a skilled nursing facility before October 1, 1990, any reference to a requirement of subsection (b), (c), or (d), of

42 USC 1395i-3, 1396r.

42 USC 1396r.

42 USC 1396a.

42 USC 1395i-3 note.

Effective date

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