Page:United States Statutes at Large Volume 111 Part 1.djvu/550

 Ill STAT. 526 PUBLIC LAW 105-33—AUG. 5, 1997 monitored as a part of the Secretary review of, the State's mechanized claims processing and information retrieval systems required under section 1903(r);". 42 USC 1396a (c) EFFECTIVE DATE.— Except as otherwise specifically provided, note. the amendments made by this section shall take effect on January 1, 1998. SEC. 4754. FACILITATING IMPOSITION OF STATE ALTERNATIVE REM- EDIES ON NONCOMPLIANT NURSING FACILITIES. (a) IN GENERAL.—Section 1919(h)(3)(D) (42 U.S.C. 1396r(h)(3)(D)) is amended— (1) by inserting "and" at the end of clause (i); (2) by striking ", and" at the end of clause (ii) and inserting a period; and (3) by striking clause (iii). 42 USC I396r (b) EFFECTIVE DATE. —The amendments made by subsection note. (a) take effect on the date of the enactment of this Act. SEC. 4755. REMOVAL OF NAME FROM NURSE AIDE REGISTRY. (a) MEDICARE. —Section 1819(g)(1) (42 U.S.C. 1395i-3(g)(l)) is amended— (1) by redesignating subparagraph (D) as subparagraph (E), and (2) by inserting after subparagraph (C) the following: " (D) REMOVAL OF NAME FROM NURSE AIDE REGISTRY. — Procedures. "(i) IN GENERAL. —In the case of a finding of neglect under subparagraph (C), the State shall establish a procedure to permit a nurse aide to petition the State to have his or her name removed from the registry upon a determination by the State that— "(I) the employment and personal history of the nurse aide does not reflect a pattern of abusive behavior or neglect; and "(II) the neglect involved in the original finding was a singular occurrence. "(ii) TIMING OF DETERMINATION. —In no case shall a determination on a petition submitted under clause (i) be made prior to the expiration of the 1-year period beginning on the date on which the name of the petitioner was added to the registry under subparagraph (C).". (b) MEDICAID. —Section 1919(g)(1) (42 U.S.C. 1396r(g)(l)) is amended— (1) by redesignating subparagraph (D) as subparagraph (E), and (2) by inserting after subparagraph (C) the following: " (D) REMOVAL OF NAME FROM NURSE AIDE REGISTRY. — Procedures. "(i) IN GENERAL. —In the case of a finding of neglect under subparagraph (C), the State shall establish a procedure to permit a nurse aide to petition the State to have his or her name removed from the registry upon a determination by the State that— "(I) the employment and personal history of the nurse aide does not reflect a pattern of abusive behavior or neglect; and "(II) the neglect involved in the original finding was a singular occurrence.

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