Page:United States Statutes at Large Volume 104 Part 2.djvu/591

 PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-183 source) by individuals providing such care or in such setting and of misappropriation of individual property by such individuals. The State shall, after notice to the individual involved and a reasonable opportunity for hearing for the individual to rebut allegations, make a finding as to the accuracy of the allegations. If the State finds that an individual has neglected or abused an individual receiving community care or misappropriated such individual's property, the State shall notify the individual against whom the finding is made. A State shall not make a finding that a person has neglected an individual receiving community care if the person demonstrates that such neglect was caused by factors beyond the control of the person. The State shall provide for public disclosure of findings under this paragraph upon request and for inclusion, in any such disclosure of such findings, of any brief statement (or of a clear and accurate summary thereof) of the individual disputing such findings. " (6) DISCLOSURE OF RESULTS OF INSPECTIONS AND ACTIVITIES. — "(A) PUBLIC INFORMATION.— Each State, and the Secretary, shall make available to the public— "(i) information respecting all surveys, reviews, and certifications made under this subsection respecting providers of home or community care and community care settings, including statements of deficiencies, "(ii) copies of cost reports (if any) of such providers and settings filed under this title, "(iii) copies of statements of ownership under section 1124, and "(iv) information disclosed under section 1126. "(B) NOTICES OF SUBSTANDARD CARE. — If a State finds that— "(i) a provider of home or community care has provided care of substandard quality with respect to an individual, the State shall make a reasonable effort to notify promptly (I) an immediate family member of each such individual and (II) individuals receiving home or community care from that provider under this title, or "(ii) a community care setting is substandard, the State shall make a reasonable effort to notify promptly (I) individuals receiving community care in that setting, and (II) immediate family members of such individuals. "(C) ACCESS TO FRAUD CONTROL UNITS.—Each State shall provide its State medicaid fraud and abuse control unit (established under section 1903(q)) with access to all information of the State agency responsible for surveys, reviews, and certifications under this subsection. ' (j) ENFORCEMENT PROCESS FOR PROVIDERS OF COMMUNITY CARE.— "(1) STATE AUTHORITY. — "(A) IN GENERAL. — If a State finds, on the basis of a review under subsection (i)(2) or otherwise, that a provider of home or community care no longer meets the requirements of this section, the State may terminate the provider's participation under the State plan and may provide in addition for a civil money penalty. Nothing in this subparagraph shall be construed as restricting the remedies

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