Page:United States Statutes at Large Volume 104 Part 2.djvu/589

 PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-181 ters) in the same manner as such requirements apply to nursing facilities under such section; except that, in apply- ing the requirement of section 1919(d)(2) (relating to life safety code), the Secretary shall provide for the application of such life safety requirements (if any) that are appropriate to the setting. "(3) DISCLOSURE OF OWNERSHIP AND CONTROL INTERESTS AND EXCLUSION OF REPEATED VIOLATORS. —A Community care setting— "(A) must disclose persons with an ownership or control interest (including such persons as defined in section 1124(a)(3)) in the setting; and "(B) may not have, as a person with an ownership or control interest in the setting, any individual or person who has been excluded from participation in the program under this title or who has had such an ownership or control interest in one or more community care settings which have been found repeatedly to be substandard or to have failed to meet the requirements of paragraph (2). '(i) SURVEY AND CERTIFICATION PROCESS.— "(1) CERTIFICATIONS. — "(A) RESPONSIBILITIES OF THE STATE.—Under each State plan under this title, the State shall be responsible for certifying the compliance of providers of home and community care and community care settings with the applicable requirements of subsections (f), (g) and (h). The failure of the Secretary to issue regulations to carry out this subsection shall not relieve a State of its responsibility under this subsection. "(B) RESPONSIBILITIES OF THE SECRETARY. —The Secretary shall be responsible for certifying the compliance of State providers of home and community care, and of State community care settings in which such care is provided, with the requirements of subsections (f), (g) and (h). "(C) FREQUENCY OF CERTIFICATIONS. —Certification of providers and settings under this subsection shall occur no less frequently than once every 12 months. "(2) REVIEWS OF PROVIDERS. — "(A) IN GENERAL.—The certification under this subsection with respect to a provider of home or community care must be based on a periodic review of the provider's performance in providing the care required under ICCP's in accordance with the requirements of subsection (f). "(B) SPECIAL REVIEWS OF COMPLIANCE. — Where the Secretary has reason to question the compliance of a provider of home or community care with any of the requirements of subsection (f), the Secretary may conduct a review of the provider and, on the basis of that review, make independent and binding determinations concerning the extent to which the provider meets such requirements. "(3) SURVEYS OF COMMUNITY CARE SETTINGS. — "(A) IN GENERAL. —The certification under this subsection with respect to community care settings must be based on a survey. Such survey for such a setting must be conducted without prior notice to the setting. Any individual who notifies (or causes to be notified) a community care setting of the time or date on which such a survey is scheduled to

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