Page:United States Statutes at Large Volume 104 Part 2.djvu/457

 PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-49 (E) NOTIFICATION OF SECRETARIAL WAIVER.— Section 1819(b)(4)(C)(ii) (42 U.S.C. 1395i-3(b)(4)(C)(ii)) is amended— (i) by striking "and" at the end of subclause (II); (ii) by striking the period at the end of subclause (III) and inserting a comma; and (iii) by adding at the end the following new subclauses: "(IV) the Secretary provides notice of the waiver to the State long-term care ombudsman (established under section 307(a)(12) of the Older Americans Act of 1965) and the protection and advocacy system in the State for the mentally ill and the mentally retarded, and "(V) the facility that is granted such a waiver notifies residents of the facility (or, where appropriate, the guardians or legal representatives of such residents) and members of their immediate families of the waiver.". (F) CLARIFICATION OF DEFINITION OF NURSE AIDE.—Section 1819(b)(5)(F)(i) (42 U.S.C. 1395i-3(b)(5)(F)(i)) is amended by striking "(G))," and inserting "(G)) or a registered dietician,". (G) RESIDENTS' RIGHTS TO REFUSE INTRA-FACILITY TRANS- FERS FOR NON-MEDICAL REASONS.— Section 1819(c)(1)(A) (42 U.S.C. 1395i-3(c)(l)(A)) is amended— (i) by redesignating clause (x) as clause (xi) and by inserting after clause (ix) the following new clause: "(x) REFUSAL OF CERTAIN TRANSFERS. —The right to refuse a transfer to another room within the facility, if a purpose of the transfer is to relocate the resident from a portion of the facility that is a skilled nursing facility (for purposes of this title) to a portion of the facility that is not such a skilled nursing facility."; and (B) Dy adding at the end the following: "A resident's exercise of a right to refuse transfer under clause (x) shall not affect the resident's eligibility or entitlement to benefits under this title or to medical assistance under title XIX of this Act.". (H) RESIDENT ACCESS TO CONICAL RECORDS. —Section 1819(c)(l)(A)(iv) (42 U.S.C. 1395i-3(c)(l)(A)(iv)) is amended by inserting before the period at the end the following: "and to access to current clinical records of the resident upon request by the resident or the resident's legal representative, within 24 hours (excluding hours occurring during a weekend or holiday) after making such a request". (I) INCLUSION OF STATE NOTICE OF RIGHTS IN FACILITY NOTICE OF RIGHTS.— Section 1819(c)(l)(B)(ii) (42 U.S.C. 13951- 3(c)(l)(B)(ii)) is amended by inserting "including the notice (if any) of the State developed under section 1919(e)(6)" after "in such rights)". (J) SPECIFICATION OF REQUIRED PROGRAMS. — Section 1819(e)(1)(A) (42 U.S.C. 1395i-3(e)(l)(A)) is amended by striking "clause (i) or (ii) of subsection (f)(2)(A)" and inserting "subsection (f)(2)". (K) CLARIFICATION OF NURSE AIDE REGISTRY REQUIRE- MENTS.—Section 1819(e)(2) (42 U.S.C. 1395i-3(e)(2)) is amended—

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