Page:United States Statutes at Large Volume 101 Part 2.djvu/976

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101 STAT. 1330-182
101 STAT. 1330-182
PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1330-182

PUBLIC LAW 100-203—DEC. 22, 1987

under this title consistent with the requirements of subsection (0(2). "(5) CONSTRUCTION.—The remedies provided under this subsection are in addition to those otherwise available under State or Federal law and shall not be construed as limiting such other remedies, including any remedy available to an individual at common law. The remedies described in clauses (i), (iii), and (iv) of paragraph (2)(A) may be imposed during the pendency of any hearing. "(6) SHARING OF INFORMATION.—Notwithstanding any other provision of law, all information concerning skilled nursing facilities required by this section to be filed with the Secretary or a State agency shall be made available to Federal or State employees for purposes consistent with the effective administration of programs established under this title and title XIX, including investigations by State medicaid fraud control units.". 42 USC 1395i-3

SEC. 4204. EFFECTIVE DATES. (a) NEW REQUIREMENTS AND SURVEY AND CERTIFICATION PROC-

ESS.—Except as otherwise specifically provided in section 1819 of the Social Security Act, the amendments made by this part shall apply to extended care services furnished on or after October 1, 1990, without regard to whether regulations to implement such amendments are promulgated by such date. (b) WAIVER OF PAPERWORK REDUCTION.—Chapter 35 of title 44, United States Code, shall not apply to information required for purposes of carrying out this part and implementing the amendments made by this part. 42 USC 1395i-3

SEC. 420.5. ANNUAL REPORT.

The Secretary of Health and Human Services shall report to the Congress annually on the extent to which skilled nursing facilities are complying with the requirements of subsections (b), (c), and (d) of section 1819 of the Social Security Act (as added by the amendments made by this part) and the number and type of enforcement actions taken by States and the Secretary under section 1819(h) of such Act (as added by section 4203 of this Act). SEC. 4206. CONSTRUCTION.

42 USC l395i-3.

Section 1819 of the Social Security Act is amended by adding at the end the following new subsection: "(i) CONSTRUCTION.—Where requirements or obligations under this section are identical to those provided under section 1919 of this Act, the fulfillment of those requirements or obligations under section 1919 shall be considered to be the fulfillment of the corresponding requirements or obligations under this section.".

PART 2—MEDICAID PROGRAM

SEC. 4211. REQUIREMENTS FOR NURSING FACILITIES. (a) SPECIFICATION OF FACILITY REQUIREMENTS.—Title XIX of

42 USC 1396s. 42 USC I396r, i396r-3.

the

Social Security Act is amended— (1) by redesignating section 1922 as section 1923, (2) by redesignating section 1919 as section 1922 and by transferring and inserting such section after section 1921, and (3) by inserting after section 1918 the following new section: