Page:United States Statutes at Large Volume 100 Part 3.djvu/256

This page needs to be proofread.

PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 2064

PUBLIC LAW 99-509—OCT. 21, 1986

SEC. 9413. CONTINUATION OF "CASE-MANAGED MEDICAL CARE FOR NURSING HOME PATIENTS" DEMONSTRATION PROJECT. Massachusetts. 42 USC 1395, 1396.

42 USC 1315.

(a) APPROVAL OF APPLICATION.—The Secretary of Health and Human Services shall approve any application for a waiver of any requirement of title XVIII or XIX of the Social Security Act necessary to provide for continuation, from July 1, 1987, through June 30, 1989, of the "Case-Managed Medical Care for Nursing Home Patients" demonstration project (#95-P-98346/l-01) carried out pursuant to section 222 of the Social Security Amendments of 1972, section 402 of the Social Security Amendments of 1967, and section 1115 of the Social Security Act by the Department of Public Welfare, Commonwealth of Massachusetts. (b) TERMS AND CONDITIONS.—The Secretary's approval of an ap-

plication (or renewal of an application) under subsection (a) shall be on the same terms and conditions as applied to the demonstration project on July 1, 1986. SEC. 9414. NEW JERSEY RESPITE CARE PILOT PROJECT. Handicapped persons. Aged persons.

contracts. State and local governments.

42 USC 1396.

42 USC 13960.

(a) ESTABLISHMENT.—The Secretary of Health and Human Services (in this section referred to as the "Secretary") shall enter into an agreement with the State of New Jersey (in this section referred to as the "State") for the purpose of conducting a pilot project (in this section referred to as the "project") under title XIX of the Social Security Act for providing respite care services for elderly and disabled individuals in order to determine the extent to which— (1) the provision of necessary respite care services to individuals at risk of institutionalization will delay or avert the need for institutional care, and (2) respite care services enhance and sustain the role of the family in providing long-term care services for elderly and disabled individuals at risk of institutionalization. (b) CONDITIONS.—The agreement with the Secretary under this section shall— (1) provide that the project shall be administered by a State health services agency designated for such purpose by the Governor (which may be the State agency administering or responsible for the administration of the State plan for medical assistance under title XIX of the Social Security Act), (2) provide that if the project imposes any cost sharing f requirements on participants who are eligible for benefits under title XIX of the Social Security Act, such requirements shall be imposed only in accordance with the provisions of section 1916 of such Act, (3) provide for a system of review to assure that respite care services are provided only to individuals reasonably determined to be in need of such services, and (4) meet such other requirements as the Secretary may establish for the proper and efficient implementation of the project. (c) DEFINITION.—For purposes of this section, the term "respite care services" shall include— (1) short-term and intermittent— (A) companion or sitter services (paid as well as volunteer), (B) homemaker and personal-care services, (C) adult day care, and (D) inpatient care in a hospital, a skilled nursing facility, or an intermediate care facility (not to exceed a total of 14 days for any individual); and