Page:United States Statutes at Large Volume 101 Part 2.djvu/993

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101 STAT. 1330-199
101 STAT. 1330-199
PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-199

"(I) inform the resident of the institutional and noninstitutional alternatives covered under the State plan for the resident, "(11) offer the resident the choice of remaining in the facility or of receiving covered services in an alternative appropriate institutional or noninstitutional setting, "(III) clarify the effect on eligibility for services under the State plan if the resident chooses to leave the facility (including its effect on readmission to the facility), and "(IV) regardless of the resident's choice, provide for (or arrange for the provision of) such active treatment for the mental illness or mental retardation. A State shall not be denied payment under this title for nursing facility services for a resident described in this clause because the resident does not require the level of services provided by such a facility, if the resident chooses to remain in such a facility. "(ii)

OTHER RESIDENTS N O T R E Q U I R I N G N U R S I N G FACIL-

ITY SERVICES, BUT REQUIRING ACTIVE TREATMENT.—In

the case of a resident who is determined, under subparagraph (B), not to require the level of services provided by a nursing facility, but to require active treatment for mental illness or mental retardation, and who has not continuously resided in a nursing facility for at least 30 months before the date of the determination, the State must, in consultation with the resident's family or legal representative and care-givers— "(I) arrange for the safe and orderly discharge of the resident from the facility, consistent with the requirements of subsection (c)(2), "(II) prepare and orient the resident for such discharge, and "(III) provide for (or arrange for the provision of) such active treatment for the mental illness or mental retardation, "(iii) RESIDENTS NOT REQUIRING NURSING FACILITY SERVICES AND NOT REQUIRING ACTIVE TREATMENT.—In

the case of a resident who is determined, under subparagraph (B), not to require the level of services provided by a nursing facility and not to require active treatment for mental illness or mental retardation, the State must— "(I) arrange for the safe and orderly discharge of the resident from the facility, consistent with the requirements of subsection (c)(2), and "(II) prepare and orient the resident for such discharge. "(D)

DENIAL OF PAYMENT WHERE FAILURE TO CONDUCT

PREADMISSION SCREENING.—No payment may be made under section 1903(a) with respect to nursing facility services furnished to an individual for whom a determination is required under subsection 0)X3XF) or subparagraph (B) but for whom the determination is not made.

91-194 O - 90 - 32: QL.3 Part 2