Page:United States Statutes at Large Volume 104 Part 2.djvu/624

 104 STAT. 1388-216 PUBLIC LAW 101-508—NOV. 5, 1990 new sentence: "A State or the Secretary may not require disclo- - sure of the records of such committee except insofar as such disclosure is related to the compliance of such committee with the requirements of this subparagraph.". (3) PERIOD FOR RESIDENT ASSESSMENT.— Section 1919(b)(3)(C)(i)(I) (42 U.S.C. 1396r(b)(3)(C)(i)(I)) is amended by striking "4 days" and inserting "not later than 14 days". (4) CLARIFICATION OF RESPONSIBILITY FOR SERVICES FOR MEN- TALLY ILL AND MENTALLY RETARDED RESIDENTS. —Section 1919(b)(4)(A) (42 U.S.C. 1396r(b)(4)(A)) is amended— (A) by striking "and" at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting "; and", and (C) by inserting after clause (vi) the following new clause: '(vii) treatment and services required by mentally ill and mentally retarded residents not otherwise provided or arranged for (or required to be provided or arranged for) by the State.". (5) CLARIFICATION OF EXTENT OF STATE WAIVER AUTHORITY; NOTIFICATION OF WAIVERS.— Section 1919(b)(4)(C)(ii) (42 U.S.C. 1396r(b)(4)(C)(ii)) is amended— (A) by striking "A State" and all that follows through "a facility if and inserting "To the extent that a facility is unable to meet the requirements of clause (i), a State may waive such requirements with respect to the facility if; (B) by striking "and" at the end of subclause (II); (C) by striking the period at the end of subclause (III) and inserting a comma; and (D) by adding at the end the following new subclauses: "(IV) the State agency granting a waiver of such requirements 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 nursing facility that is granted such a waiver by a State 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.". (6) CLARIFICATION OF DEFINITION OF NURSE AIDE. —Section 1919(b)(5)(F)(i) (42 U.S.C. 1396r(b)(5)(F)(i)) is amended by striking "(G))," and inserting "(G)) or a registered dietician,". (7) CHARGES APPLICABLE IN CASES OF CERTAIN MEDICAID- ELIGIBLE INDIVIDUALS. — (A) IN GENERAL.— Section 1919(c) (42 U.S.C. 1396r(c)) is amended— (i) by redesignating paragraph (7) as paragraph (8); and (ii) by inserting after paragraph (6) the following new paragraph: "(7) LIMITATION ON CHARGES IN CASE OF MEDICAID-ELIGIBLE INDIVIDUALS.— "(A) IN GENERAL.— A nursing facility may not impose charges, for certain medicaid-eligible individuals for nursing fecility services covered by the State under its plan

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