Page:United States Statutes at Large Volume 104 Part 2.djvu/582

 104 STAT. 1388-174 PUBLIC LAW 101-508—NOV. 5, 1990 42 USC 1396a note. (1) by striking "and" before "(B)", (2) by inserting "and" at the end of subparagraph (B), and (3) by adding at the end the following: "(C) in the case of services furnished (during a period that does not exceed 14 continuous days in the case of an informal reciprocal arrangement or 90 continuous days (or such longer period as the Secretary may provide) in the case of an arrangement involving per diem or other fee-fortime compensation) by, or incident to the services of, one physician to the patients of another physician who submits the claim for such services, payment shall be made to the physician submitting the claim (as if the services were furnished by, or incident to, the physician'services), but only if the claim identifies (in a manner specified by the Secretary) the physician who furnished the services.", (b) EFFECTIVE DATE.—The amendments made by this section shall apply to services furnished on or after the date of the enactment of this Act. Subpart B—Eligibility and Coverage SEC. 4711. HOME AND COMMUNITY-BASED CARE AS OPTIONAL SERVICE. (a) PROVISION AS OPTIONAL SERVICE.— Section 1905(a) (42 U.S.C. 1396d(a)), as amended by section 6201, is further amended— (1) by striking "and" at the end of paragraph (22); (2) by redesignating paragraph (23) as paragraph (24); and (3) by inserting after paragraph (22) the following new paragraph: "(23) home and community care (to the extent allowed and as defined in section 1929) for functionally disabled elderly individuals; and". (b) HOME AND COMMUNITY CARE FOR FUNCTIONALLY DISABLED ELDERLY INDIVIDUALS. —Title XIX (42 U.S.C. 1396 et seq.) as amended by section 4402 is further amended— (1) by redesignating section 1929 as section 1930; and (2) by inserting after section 1928 the following new section: HOME AND COMMUNITY CARE FOR FUNCTIONALLY DISABLED ELDERLY INDIVIDUALS 42 USC I396t. " SEC. 1929. (a) HOME AND COMMUNITY CARE DEFINED. —In this title, the term 'home and community care' means one or more of the following services furnished to an individual who has been determined, after an assessment under subsection (c), to be a functionally disabled elderly individual, furnished in accordance with an individual community care plan (established and periodically reviewed and revised by a qualified community care case manager under subsection (d)): "(1) Homemaker/home health aide services. "(2) Chore services. "(3) Personal care services. "(4) Nursing care services provided by, or under the supervision of, a registered nurse. "(5) Respite care. "(6) Training for family members in managing the individual. "(7) Adult day care.

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