Page:United States Statutes at Large Volume 108 Part 5.djvu/916

 108 STAT. 4406 PUBLIC LAW 103-432—OCT. 31, 1994 (iii) by striking "or facility". (B) Section 1866(d) (42 U.S.C. 1395cc(d)) is amended— (i) by striking "or skilled nursing facility**; (ii) by striking "or facility" each place it appears; (iii) by striking "or for post-hospital" and all that follows through "the case may be"; and (iv) by striking ", or (in the case of and all that follows through "transfer agreement,". 42 USC 1395CC (2) EFFECTIVE DATE.— The amendments made by paragraph ^°^- (1) shall take effect as if included in the enactment of OBRA- 1987. (c) CONFORMING AMENDMENTS TO NURSING HOME REFORM. — (1) SUSPENSION OF DECERTIFICATION OF NURSES AIDE TRAIN- ING AND COMPETENCY EVALUATION PROGRAMS BASED ON EXTENDED SURVEYS.— (A) IN GENERAL. — Section 1819(f)(2)(B)(iii)(I)(b) (42 U.S.C. 1395i-3(f)(2)(B)(iii)(I)(b)) is amended by striking the semicolon and inserting the following: ", unless the survey shows that the facility is in compHance with the requirements of subsections (b), (c), and (a) of this section;". 42 USC i395i-3 (B) EFFECTIVE DATE.— The amendment made by "°*®- subparagraph (A) shall take effect as if included in the enactment of OBRA-1990. (2) REQUIREMENTS FOR CONSULTANTS CONDUCTING REVIEWS ON USE OF DRUGS. — (A) IN GENERAL. — Section 1819(c)(1)(D) (42 U.S.C. 1395i-3(c)(l)(D)) is amended by adding at the end the following sentence: "In determining whether such a consultant is qualified to conduct reviews under the preceding sentence, the Secretary shall take into account the needs of nursing facUities under this title to have access to the services of such a consultant on a timely basis.". 42 USC i395i-3 (B) EFFECTIVE DATE. —The amendment made by notesubparagraph (A) shall take effect as if included in the enactment of OBRA-1987. (3) INCREASE IN MINIMUM AMOUNT REQUIRED FOR SEPARATE DEPOSIT OF PERSONAL FUNDS.— (A) IN GENERAL.— Section 1819(c)(6)(B)(i) (42 U.S.C. 1395i-3(c)(6)(B)(i)) is amended by striking "$50" and inserting "$100". 42 USC l395i-3 (B) EFFECTIVE DATE. —The amendment made by notesubparagraph (A) shall take effect January 1, 1995. (4) DUE PROCESS PROTECTIONS FOR NURSES AIDES. — (A) PROHIBITING STATE FROM INCLUDING UNDOCU- MENTED ALLEGATIONS IN NURSES AIDE REGISTRY.—Section 1819(e)(2)(B) (42 U.S.C. 1395i-3(e)(2)(B)) is amended by striking the period at the end of the first sentence and inserting the following: ", but shall not include any allegations of resident abuse or neglect or misappropriation of resident property that are not specifically documented by the State under such subsection.". (B) DUE PROCESS REQUIREMENTS FOR REBUTTING ALLEGATIONS.— Section 1819(g)(l)(C) (42 U.S.C. 13951- 3(g)(1)(C)) is amended by striking the second sentence and inserting the following: "The State shall, after providing the individual involved with a written notice of the allegations (including a statement of the avsdlabihty of a hearing

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