Page:United States Statutes at Large Volume 102 Part 4.djvu/834

 102 STAT. 3804

PUBLIC LAW 100-647—NOV. 10, 1988

section 1861(s)(7) of the Social Security Act, the Secretary shall also provide for payment for medically necessary services of a medical escort or medical attendant. (b) EFFECTIVE PERIOD.—Subsection (a) shall apply to payment for services furnished during the 5-year period beginning on July 1, 1989. PART IV—PROVISIONS RELATING TO MEDICAID State and local governments.

SEC. 8431. DELAY IN ISSUANCE OF FINAL REGULATIONS CONCERNING THE USE OF VOLUNTARY CONTRIBUTIONS AND PROVIDERPAID TAXES BY STATES TO RECEIVE FEDERAL MATCHING FUNDS.

The Secretary of Health and Human Services shall not issue any fingJ regulation prior to May 1, 1989, changing the treatment of voluntary contributions or provider-paid taxes utilized by States to receive Federal matching funds under title XIX of the Socigd Security Act. SEC. 8432. MEDICAID LONG-TERM CARE WAIVER PROGRAM.

42 USC 1396n note.

(a) MODIFICATION OF FORMULA.—Section 1915(d)(5)(B) of the Social Security Act (42 U.S.C. 1396n(d)(5)(B)) is amended by adding at the end the following new clause: "(iv) If there is enacted after December 22, 1987, an Act which amends this title and which results in an increase in the aggregate gimount of medical assistance under this title for nursing facility services and home and community-based services for individuals who have attained the age of 65 years, the Secretary, at the request of a State with a waiver under this subsection for a waiver year or years and in close consultation with the State, shall adjust the projected amount computed under this subparagraph for the waiver year or years to take into account such increase.". 01)) TECHNICAL MODIFICATIONS.—Clauses (i) and (ii) of section 1915(d)(5)(B) of such Act (42 U.S.C. 1396n(d)(5)(B)) are amended— (1) by inserting "(rounded to the nearest quarter of a year)" after "the number of years" each place it appears, (2) by striking "before the waiver year" each place it appears and inserting "at the end of the waiver year", (3) by striking "between the base year and the waiver year" each place it appears and inserting "between the beginning of the base year and the beginning of the waiver year", and (4) by inserting "(rounded to the nearest quarter of a year)" after "for each year" each place it appears. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to waiver years beginning during or after fiscal year 1989. SEC. 8433. EXTENSION OF TIME PERIOD FOR SUBMISSION OF CORRECTION AND REDUCTION PLANS FOR CERTAIN INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED.

(a) IN GENERAL.—Section 1922 of the Social Security Act (42 U.S.C. 1396r-3) is amended— (1) in subsection (a), by striking "residents" and inserting "residents (including failure to provide active treatment)"; (2) in subsection (c)(5), by inserting ", and to provide active treatment for," after "health and safety of; and

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