Page:United States Statutes at Large Volume 101 Part 2.djvu/1006

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101 STAT. 1330-212
101 STAT. 1330-212
PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1330-212

PUBLIC LAW 100-203—DEC. 22, 1987

nursing facility hsis provided substandard quality of care, the State shall notify— • "(i) the attending physician of each resident with p respect to which such finding is made, and "(ii) any State board responsible for the licensing of the nursing facility administrator of the facility. fc "(D) ACCESS TO FRAUD CONTROL UNITS.—Each State shall provide its State medicaid fraud and abuse control unit (established under section 1903(q)) with access to all information of the State agency responsible for surveys and certifications under this subsection. '. (b) POSTING SURVEY RESULTS.—Section 1864(a) of such Act (42 U.S.C. 1395aa(a)) is amended by inserting, after "readily available form and place" in the fifth sentence, the following: ", and require (in the case of skilled nursing facilities) the posting in a place readily accessible to patients (and patients' representatives),". (c) INCREASING MATCHING PERCENTAGE FOR NURSING HOME SURVEY AND CERTIFICATION ACTIVITIES.—(1) Section 1903(a)(2) of

42 USC 1396b note.

such Act (42 U.S.C. 1396b(a)(2)), as amended by this title, is further amended by adding at the end the following new subparagraph: "(D) for each calendar quarter during— "(i) fiscal year 1991, an amount equal to 90 percent, "(ii) fiscal year 1992, an amount equal to 85 percent,

,

"(iii) fiscal year 1993, an amount equal to 80 percent, and "(iv) fiscal year 1994 and thereafter, an amount equal to 75 percent, of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to State activities under section 1919(g); plus". (2) Section 1903(r) of such Act (42 U.S.C. 1396b(r)) is amended by striking "paragraphs (2)" each place it appears and inserting "paragraphs (2KA)". (3) For purposes of section 1903(a) of the Social Security Act, proper expenses incurred by a State for medical review by independent professionals of the care provided to residents of nursing facilities who are entitled to medical assistance under title XIX of such Act shall be reimbursable as expenses necessary for the proper and efficient administration of the State plan under that title. (d) REVISION OF PENALTY PROVISIONS.—(1) Section 1903(g) of such Act (42 U.S.C. 1396b(g)) is amended— (A) in paragraph (1)— (i) by striking "or intermediate care facility services" the first place it appears and inserting "or services in an • •^.'•: intermediate care facility for the mentally retarded", (ii) by striking ", skilled nursing facility services for 30 i

' •' d a y s, ",

(iii) by striking ", skilled nursing facility services, or intermediate care facility services" and inserting "or services in an intermediate care facility for the mentally retarded", (iv) by striking ", skilled nursing facilities, and intermediate care facilities" and inserting "and intermediate care facilities for the mentally retarded"; (B) in paragraph (4)(B), by striking ", skilled nursing facilities,

  • and intermediate care facilities" and inserting "and intermedifi ate care facilities for the mentally retarded";

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