Page:United States Statutes at Large Volume 81.djvu/954

 920

PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

financial participation) unless such project shall have been personally approved by the Secretary or Under Secretary of Health, Education, and Welfare. " (b) As soon as possible after the approval of any project under subsection (a), the Secretary shall submit to the Congress a description of such project including a statement of its purpose, probable cost, and expected duration." ASSISTANCE I N THE FORM OF INSTITUTIONAL SERVICES I N INTERMEDIATE CARE FACILITIES

Ante. pp. 894,

SEC. 250. (a) Title X I of the Social Security Act (as amended by sectious 209 and 249 of this Act) is further amended by adding at the end thereof the following new section: " A S S I S T A N C E I N THE FOR M O F INSTITUTIONAL SERVICES I N INTERMEDIATE CARE FACILITIES

42 USC 301. 42 USC 1201. 42 USC 1351.

42 USC 1381.

42 USC 1396. Ante, pp. 903-

908.

""

42 USC 1396d. Ante, p. 919.

"SEC. 1121. (a) Any State which has in effect a plan for old-age assistance, approved under title I, a plan for aid to the blind, approved under title X, a plan for aid to the permanently and totally disabled, approved under title X r V, or a plan for aid to the aged, blind, or disabled, approved under title X VI, may, on or after January 1, 1968, modify such plan to include therein benefits in the form of institutional services in intermediate care facilities for individuals who are entitled (or would, if not receiving institutional services in intermediate care facilities, be entitled) to assistance, under such plan, in the form of money payments. " (b) Any modification pursuant to subsection (a) shall provide that benefits in the form of institutional services in intermediate care facilities will be provided only to individuals who— "(1) are entitled (or would, if not receiving institutional services in intermediate care facilities, be entitled) to receive aid or assistance, under the State plan, in the form of money payments; "(2) because of their physical or mental condition (or both), require living accommodations and care which, as a practical matter, can be made available to them only through institutional facilities; and " (3) do not have such an illness, disease, injury, or other condition as to require the degree of care and treatment which a hospital or skilled nursing home (as that term is employed in title X IX) is designed to provide. "(c) Payments to any State which modifies its approved State plan (referred to in subsection (a)) to provide, to the recipients of aid or assistance thereunder, benefits in the form of institutional services in intermediate care facilities shall be made in the same manner and from the same appropriation as payments made with respect to expenditures under the State plan so modified, except that, with respect to expenditures made by the State in paying the cost of benefits in the form of institutional services in intermediate care facilities for any quarter, the Secretary shall, if the State so elects, pay to each State an amount equal to the Federal medical assistance percentage (as defined in section 1905(b)). " (d) Except when inconsistent with the purposes of this section or contrary to any provision of this section, any modification, pursuant to this section, of an approved State plan shall be subject to the same conditions, limitations, rights, and obligations as obtain with respect to such approved State plan.

�