Page:United States Statutes at Large Volume 111 Part 1.djvu/444

 Ill STAT. 420 PUBLIC LAW 105-33 —AUG. 5, 1997 "(6) SUBMISSION OF RESIDENT ASSESSMENT DATA. —A skilled nursing facility, or a facility described in paragraph (7)(B), shall provide the Secretary, in a manner and within the timeframes prescribed by the Secretary, the resident assessment data necessary to develop and implement the rates under this subsection. For purposes of meeting such requirement, a skilled nursing facility, or a facility described in paragraph (7), may submit the resident assessment data required under section 1819(b)(3), using the standard instrument designated by the State under section 1819(e)(5). "(7) TRANSITION FOR MEDICARE SWING BED HOSPITALS.— "(A) IN GENERAL.—The Secretary shall determine an appropriate manner in which to apply this subsection to the facilities described in subparagraph (B), taking into account the purposes of this subsection, and shall provide that at the end of the transition period (as defined in paragraph (2)(E)) such facilities shall be paid only under this subsection. Payment shall not be made under this subsection to such facilities for cost reporting periods beginning before such date (not earlier than July 1, 1999) as the Secretary specifies. "(B) FACILITIES DESCRIBED.— The facilities described in this subparagraph are facilities that have in effect an agreement described in section 1883, for which payment is made for the furnishing of extended care services on a reasonable cost basis under section 1814(1) (as in effect on and after such date). "(8) LIMITATION ON REVIEW.—T here shall be no administrative or judicial review under section 1869, 1878, or otherwise of— "(A) the establishment of Federal per diem rates under paragraph (4), including the computation of the standardized per diem rates under paragraph (4)(C), adjustments and corrections for case mix under paragraphs (4)(F) and (4)(G)(i), and adjustments for variations in labor-related costs under paragraph (4)(G)(ii); " (B) the establishment of facility specific rates before January 1, 1999, (except any determination of costs paid under part A of this title); and "(C) the establishment of transitional amounts under paragraph (7).". (b) CONSOLIDATED BILLING. — (1) FOR SNF SERVICES.— Section 1862(a) (42 U.S.C. 1395y(a)), as amended by 4319(b), is amended— (A) by striking "or" at the end of paragraph (16), (B) by striking the period at the end of paragraph (17) and inserting "; or", and (C) by inserting after paragraph (17) the following new paragraph: "(18) which are covered skilled nursing facility services described in section 1888(e)(2)(A)(i) and which are furnished to an individual who is a resident of a skilled nursing facility or of a part of a facility that includes a skilled nursing facility (as determined under regulations), by an entity other than the skilled nursing facility, unless the services are furnished under arrangements (as defined in section 1861(w)(l)) with the entity made by the skilled nursing facility.".

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