Page:United States Statutes at Large Volume 104 Part 2.djvu/598

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104 STAT. 1388-190 PUBLIC LAW 101-508—NOV. 5, 1990 or client abuse, neglect, or mistreatment or a criminal record involving physical harm to an individual; "(iii) individuals or entities delivering such services are not unjustly enriched as a result of abusive financial arrangements (such as owner lease-backs); and "(iv) individuals or entities delivering such services to clients, or relatives of such individuals, are prohibited from being named beneficiaries of life insurance policies purchased by (or on behalf of) such clients, "(2) SPECIFIED REMEDIES,—If the Secretary finds that a provider has not met an applicable requirement under subsection (h), the Secretary shall impose a civil money penalty in an amount not to exceed $10,000 for each day of noncompliance. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a), "(i) TREATMENT OF FUNDS.— Any funds expended under this section for medical assistance shall be in addition to funds expended for any existing services covered under the State plan, including any waiver services for which an individual receiving services under this program is already eligible. "Q) LIMITATION ON AMOUNTS OF EXPENDITURES AS MEDICAL ASSIST- ANCE.— The amount of funds that may be expended as medical assistance to carry out the purposes of this section shall be for fiscal year 1991, $5,000,000, for fiscal year 1992, $10,000,000, for fiscal year 1993, $20,000,000, for fiscal year 1994, $30,000,000, for fiscal year 1995, $35,000,000, and for fiscal years thereafter such sums as provided by Congress.". 42 USC 1396u (c) EFFECTIVE DATE.— note. (1) IN GENERAL.—The amendments made by this section shall apply to community supported living arrangements services furnished on or after the later of July 1, 1991, or 30 days after the publication of regulations setting forth interim requirements under subsection (h) without regard to whether or not final regulations to carry out such amendments have been promulgated by such date, (2) APPLICATION PROCESS, —The Secretary of Health and Human Services shall provide that the applications required to be submitted by States under this section shall be received and approved prior to the effective date specified in paragraph (1). SEC, 4713, PROVIDING FEDERAL MEDICAL ASSISTANCE FOR PAYMENTS FOR PREMIUMS FOR "COBRA" CONTINUATION COVERAGE WHERE COST EFFECTIVE, (a) OPTIONAL PAYMENT OF COBRA PREMIUMS FOR QUALIFIED COBRA CONTINUATION BENEFICIARIES,— Section 1902 (42 U,S,C, 1396a) is amended— (1) in subsection (a)(10)— (A) by striking "and" at the end of subparagraph (D), (B) by adding "and" at the end of subparagraph (E), (C) by inserting after subparagraph (E) the following new subparagraph: "(F) at the option of a State, for making medical assistance available for COBRA premiums (as defined in subsection (u)(2)) for qualified COBRA continuation beneficiaries described in section 1902(u)(l);", and