Page:United States Statutes at Large Volume 102 Part 3.djvu/470

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2422 42 USC 1396r-4. 102 Stat. 794. 42 USC 1320a-7, 1320a-7a.

42 USC 1320a-7a. 42 USC 704, 1396b, 1396d. 42 USC 1396r-l.

42 USC 1396n. 42 USC 1395i-3.

PUBLIC LAW 100-485—OCT. 13, 1988 (F) Section 411GcX6XBXvi) of MCCA is amended by striking "(c)" and inserting "(d)". (G) Section 411(k)(9) of MCCA is amended by striking "(A)" ii!nin6did,Glv dj^toir ^^ (H) Section 411(k)(10)(B)(iiXn) of MCCA is amended by striking "1128(a)" and "1320a-7(a)" and inserting "1128A(a)" and "1320a-7a(a)", respectively. (I) Section 1128A(1) of the Social Security Act, as added by section 4118(e)(l)(B) of OBRA and as amended by section 411(k)(10XBXiiXIII) of MCCA, is amended by inserting "for penalties, assessments, and an exclusion" after "liable". (J) Section 4118(e)(10XC) of OBRA, as inserted by section 411(k)(10XD) of MCCA, is amended by inserting "of subsection (i)" after "at the end". (K) Section 411(k)(l6xD) of MCCA is amended— (i) in the paragraph (6)(B) inserted by such section, by striking "or section 1867(d)(2)", and (ii) in subparagraphs (A) and (B) of the paragraph (11) inserted by such section and in the paragraphs (12) and (13) inserted by such section, by striking "1842(j)(2), or 1867(d)(2)" and inserting "or 1842(j)(2)". (L) Section 41 l(k)(16XB) of MCCA is amended— (i) by striking "and" at the end of clause (ii), (ii) by redesignating clause (iii) as clause (iv), and (iii) by inserting after clause (ii) the following new clause: "(iii) in clause (iii), by striking the period at the end and inserting'; or', and". (M) Section 411(k)(17XAXiv) of MCCA is amended by inserting a comma immediately before "(d)" the second place it appears. (27) SECTION 4iia).—(A) Section 41iaXlXA) of MCCA is amended by redesignating clauses (iv) through (xi) as clauses (v) through (xii), respectively, and by inserting after clause (iii) the following new clause: "(iv) in subsection (c)(l), by adding at the end the following new subparagraph: " '(D)

USE

OF

PSYCHOPHARMACOLOGIC

DRUGS.—

Psychopharmacologic drugs may be administered only on the orders of a physician and only as part of a plan (included in the written plan of care described in paragraph (2)) designed to eliminate or modify the Symptoms for which the drugs are prescribed and only if, at least annually, an independent, external consultant reviews the appropriateness of the drug plan of each resident receiving such drugs.';". (B) Section 411(1)(1) of MCCA is amended by adding at the end the following new subparagraph: "(C) Section 4201(d) of OBRA, as amended by subparagraph (B), is further amended by adding at the end the following new paragraphs: " '(3) Section 1883(f) of such Act (42 U.S.C. 1395tt(f)) is amended by striking "section 1861(j)(15)" and inserting "section 1819". " '(4) The third sentence of section 1864(a) of such Act (42 U.S.C. 1395aa(a)) is amended by striking "18610')" and inserting "1819(a)" " '(5) Section 1861(n) of such Act (42 U.S.C. 1395x(n)) is amended by striking "or (j)(1) of this section" and inserting "of this section or section 1819(a)(l)".'.".