Page:United States Statutes at Large Volume 111 Part 1.djvu/531

 t.'^?^$Sr~. PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 507 (b) SPECIFIC EFFECTIVE DATES.— Subject to subsection (c) and section 4759— (1) PCCM OPTION.— The amendments made by section 4702 shall apply to primary care case management services furnished on or after October 1, 1997. (2) 75:25 RULE. —The amendments made by section 4703 apply to contracts under section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) on and after June 20, 1997. (3) QUALITY STANDARDS. — Section 1932(c)(1) of the Social Security Act, as added by section 4705(a), shall take effect on January 1, 1999. (4) SOLVENCY STANDARDS. — (A) IN GENERAL.— The amendments made by section 4706 shall apply to contracts entered into or renewed on or after October 1, 1998. (B) TRANSITION RULE. —In the case of an organization that as of the date of the enactment of this Act has entered into a contract under section 1903(m) of the Social Security Act with a State for the provision of medical assistance under title XIX of such Act under which the organization assumes full financial risk and is receiving capitation pay- ments, the amendment made by section 4706 shall not apply to such organization until 3 years after the date of the enactment of this Act. (5) SANCTIONS FOR NONCOMPLIANCE.—Section 1932(e) of the Social Security Act, as added by section 4707(a), shall apply to contracts entered into or renewed on or after April 1, 1998. (6) LIMITATION ON FFP FOR ENROLLMENT BROKERS.—The amendment made by section 4707(b) shall apply to amounts expended on or after October 1, 1997. (7) 6-MONTH GUARANTEED ELIGIBILITY. — The amendments made by section 4709 shall take effect on October 1, 1997. (c) NONAPPLICATION TO WAIVERS.— Nothing in this chapter (or the amendments made by this chapter) shall be construed as affecting the terms and conditions of any waiver, or the authority of the Secretary of Health and Human Services with respect to any such waiver, under section 1115 or 1915 of the Social Security Act (42 U.S.C. 1315, 1396n). CHAPTER 2—FLEXIBILITY IN PAYMENT OF PROVIDERS SEC. 4711. FLEXmiliTY IN PAYMENT METHODS FOR HOSPITAL, NURS- ING FACHJTY, ICF/MR, AND HOME HEALTH SERVICES. (a) REPEAL OF BOREN REQUIREMENTS.— Section 1902(a)(13) (42 U.S.C. 1396a(a)(13)) is amended— (1) by striking all that precedes subparagraph (D) and inserting the following: "(13) provide— "(A) for a public process for determination of rates of pa3anent under the plan for hospital services, nursing facility services, and services of intermediate care facilities for the mentally retarded under which— "(i) proposed rates, the methodologies underlying the establishment of such rates, and justifications for the proposed rates are published.

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