Page:United States Statutes at Large Volume 117.djvu/2357

 117 STAT. 2338

PUBLIC LAW 108–173—DEC. 8, 2003 (A) has been licensed or certified by a State to furnish medical adult day-care services in the State for a continuous 2-year period; (B) is engaged in providing skilled nursing services and other therapeutic services directly or under arrangement with a home health agency; (C) is licensed and certified by the State in which it operates or meets such standards established by the Secretary to assure quality of care and such other requirements as the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services in the facility; and (D) provides medical adult day-care services. (3) MEDICAL ADULT DAY-CARE SERVICES.—The term ‘‘medical adult day-care services’’ means— (A) home health service items and services described in paragraphs (1) through (7) of section 1861(m) furnished in a medical adult day-care facility; (B) a program of supervised activities furnished in a group setting in the facility that— (i) meet such criteria as the Secretary determines appropriate; and (ii) is designed to promote physical and mental health of the individuals; and (C) such other services as the Secretary may specify. (4) MEDICARE BENEFICIARY.—The term ‘‘medicare beneficiary’’ means an individual entitled to benefits under part A of this title, enrolled under part B of this title, or both.

42 USC 1395fff note.

SEC. 704. TEMPORARY SUSPENSION OF OASIS REQUIREMENT FOR COLLECTION OF DATA ON NON-MEDICARE AND NONMEDICAID PATIENTS.

(a) IN GENERAL.—During the period described in subsection (b), the Secretary may not require, under section 4602(e) of the Balanced Budget Act of 1997 (Public Law 105–33; 111 Stat. 467) or otherwise under OASIS, a home health agency to gather or submit information that relates to an individual who is not eligible for benefits under either title XVIII or title XIX of the Social Security Act (such information in this section referred to as ‘‘nonmedicare/medicaid OASIS information’’). (b) PERIOD OF SUSPENSION.—The period described in this subsection— (1) begins on the date of the enactment of this Act; and (2) ends on the last day of the second month beginning after the date as of which the Secretary has published final regulations regarding the collection and use by the Centers for Medicare & Medicaid Services of non-medicare/medicaid OASIS information following the submission of the report required under subsection (c). (c) REPORT.— (1) STUDY.—The Secretary shall conduct a study on how non-medicare/medicaid OASIS information is and can be used by large home health agencies. Such study shall examine— (A) whether there are unique benefits from the analysis of such information that cannot be derived from other information available to, or collected by, such agencies; and

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