Page:United States Statutes at Large Volume 113 Part 1.djvu/31

 PUBLIC LAW 106-4 —MAR. 25, 1999 113 STAT. 7 Public Law 106-4 106th Congress An Act To amend title XIX of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities as a result of a voluntary withdrawal from participation in the Medicaid Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Nursing Home Resident Protection Amendments of 1999". SEC. 2. RESTRICTIONS ON TRANSFERS OR DISCHARGES OF NURSING FACILITY RESIDENTS IN THE CASE OF VOLUNTARY WITH- DRAWAL FROM PARTICIPATION UNDER THE MEDICAID PROGRAM. (a) IN GENERAL. —Section 1919(c)(2) of the Social Security Act (42 U.S.C. 1396r(c)(2)) is amended by adding at the end the following new subparagraph: "(F) CONTINUING RIGHTS IN CASE OF VOLUNTARY WITH- DRAWAL FROM PARTICIPATION.— "(i) IN GENERAL.— In the case of a nursing facility that voluntarily withdraws from participation in a State plan under this title but continues to provide services of the type provided by nursing facilities— "(I) the facilit3^s voluntary withdrawal from participation is not an acceptable basis for the transfer or discharge of residents of the facility who were residing in the facility on the day before the effective date of the withdrawal (including those residents who were not entitled to medical assistance as of such day); "(II) the provisions of this section continue to apply to such residents until the date of their discharge from the facility; and "(III) in the case of each individual who begins residence in the facility after the effective date of such withdrawal, the facility shall provide notice orally and in a prominent manner in writing on a sepairate page at the time the individual begins residence of the information described in clause (ii) and shall obtain from each such individual at such time an acknowledgmient of receipt of such information that is in writing, signed by the individual, and separate from other documents signed by such individueJ. Mar. 25, 1999 [H.R. 540] Nursing Home Resident Protection Amendments of 1999. 42 USC 1305 note.

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