Page:United States Statutes at Large Volume 114 Part 5.djvu/604

 114 STAT. 2763A-564 PUBLIC LAW 106-554 —APPENDIX F is discontinued under circumstances described in section 1851(e)(4)(A), then the individual will be treated as a 'Medicare+Choice eligible individual' for purposes of electing to continue enrollment in another Medicare+Choice plan. ", (b) EFFECTIVE DATE.— (1) IN GENERAL.— The amendment made by subsection (a) shall apply to terminations and discontinuations occurring on or after the date of the enactment of this Act. (2) APPLICATION TO PRIOR PLAN TERMINATIONS.— Clause (ii) of section 1851(a)(3)(B) of the Social Security Act (as inserted by subsection (a)) shall also apply to individuals whose enrollment in a Medicare+Choice plan was terminated or discontinued after December 31, 1998, and before the date of the enactment of this Act. In applying this paragraph, such an individual shall be treated, for purposes of part C of title XVIII of the Social Security Act, as having discontinued enrollment in such a plan as of the date of the enactment of this Act. SEC. 621. PROVIDING CHOICE FOR SKILLED NURSING FACILITY SERV- ICES UNDER THE MEDICARE+CHOICE PROGRAM. (a) IN GENERAL. —Section 1852 (42 U.S.C. 1395w-22) is amended by adding at the end the following new subsection: "(1) RETURN TO HOME SKILLED NURSING FACILITIES FOR COV- ERED POST-HOSPITAL EXTENDED CARE SERVICES.— "(1) ENSURING RETURN TO HOME SNF. — "(A) IN GENERAL.—In providing coverage of post-hospital extended care services, a Medicare+Choice plan shall provide for such coverage through a home skilled nursing facility if the following conditions are met: "(i) ENROLLEE ELECTION.— The enrollee elects to receive such coverage through such facility. "(ii) SNF AGREEMENT. — The facility has a contract with the Medicare+Choice organization for the provision of such services, or the facility agrees to accept substantially similar payment under the same terms and conditions that apply to similarly situated skilled ' nursing facilities that are under contract with the Medicare+Choice organization for the provision of such services and through which the enrollee would otherwise receive such services. "(B) MANNER OF PAYMENT TO HOME SNF.—The organization shall provide payment to the home skilled nursing facility consistent with the contract or the agreement described in subparagraph (A)(ii), as the case may be. "(2) No LESS FAVORABLE COVERAGE. —The coverage provided under paragraph (1) (including scope of services, cost-sharing, and other criteria of coverage) shall be no less favorable to the enrollee than the coverage that would be provided to the enrollee with respect to a skilled nursing facility the posthospital extended care services of which are otherwise covered under the Medicare+Choice plan. "(3) RULE OF CONSTRUCTION.— Nothing in this subsection shall be construed to do the following:

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