Page:United States Statutes at Large Volume 96 Part 1.djvu/422

 96 STAT. 380 95 Stat. 809. 42 USC 1396n. 42 USC 1396n note.

95 Stat. 789. 42 USC 1320a-7a.

42 USC 1320a-7, 1820C-9, 1395y. 42 USC 1395CC.

42 USC 1395u.

PUBLIC LAW 97-248—SEPT. 3, 1982 "(viii) pregnant women,". (19)(A) Section 1915(b) of such Act is amended by striking out "and section 1903(m)". (B) The amendment made by subparagraph (A) shall not apply with respect to any waiver if such waiver was granted, and the arrangement covered by the waiver was in place, prior to August 10, 1982. (20) Section 1915(b)(1) of such Act is amended— (A) by inserting "primary care" before "case-management system"; and (B) by striking out "primary care services" and inserting in lieu thereof "medical care services". (21) Section 1915(c)(1) of such Act is amended by inserting "payment for part or all of the cost o f after "may include as 'medical assistance' under such plan". (22) Section 1915(c)(2)(B) of such Act is amended to read as follows: "(B) the State will provide, with respect to individuals who— "(i) are entitled to medical assistance for skilled nursing facility or intermediate care facility services under the State plan, "(ii) may require such services, and "(iii) may be eligible for such home or community-based care under such waiver, for an evaluation of the need for such services;". (23) Section 1915(c)(3) of such Act is amended— (A) by striking out "subsection (a)(1)" and inserting in lieu thereof "section 1902(a)(1)"; and (B) by striking out "subsection (a)(10) of section 1902" and inserting in lieu thereof "section 1902(a)(10)". (24) Section 1915(c)(4) of such Act is amended by striking out "this section" and inserting in lieu thereof "this subsection". (25) Section 1915(f) of such Act is amended by inserting "approval o f before "a proposed State plan". (26) Subsection (a) of section 1128A of such Act is amended by striking out all that precedes "shall be subject" and inserting in lieu thereof the following: "(a) Any person (including an organization, agency, or other entity) that— "(1) presents or causes to be presented to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (h)(1)), a claim (as defined in subsection (h)(2)) that the Secretary determines is for a medical or other item or service— "(A) that the person knows or has reason to know was not provided as claimed, or "(B) payment for which may not be made under the program under which such claim was made, pursuant to a determination by the Secretary under section 1128, 1160(b), or 1862(d), or pursuant to a determination by the Secretary under section 1866(b)(2) with respect to which the Secretary has initiated termination proceedings; or "(2) presents or causes to be presented to any person a request for payment which is in violation of the terms of (A) an assignment under section 1842(b)(3)(B)(ii), or (B) an agreement with a State agency not to charge a person for an item or service in excess of the amount permitted to be charged,".

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