Page:United States Statutes at Large Volume 104 Part 2.djvu/621

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-213 (b) PREADMISSION SCREENING AND ANNUAL RESIDENT REVIEW.— (1) No COMPLIANCE ACTIONS BEFORE EFFECTIVE DATE OF GUIDE- 42 USC 1396r UNES. —The Secretary of Health and Human Services shall not note. take (and shall not continue) any action against a State under section 1904 or section 1919(e)(7)(D) of the Social Security Act on the basis of the State's failure to meet the requirement of section 1919(e)(7)(A) of such Act before the effective date of guidelines, issued by the Secretary, establishing minimum criteria under section 1919(f)(8)(A) of such Act, if the State demonstrates to the satisfaction of the Secretary that it has made a good faith effort to meet such requirement before such effective date. (2) CLARIFICATION WITH RESPECT TO ADMISSIONS AND READMIS- sioN FROM A HOSPITAL.— Section 1919 of the Social Security Act (42 U.S.C. 1396r) is amended— (A) in subsection (b)(3)(F), by striking "A nursing facility" and by inserting "Except as provided in clauses (ii) and (iii) of subsection (e)(TXA), a nursing facility"; and (B) in subsection (e)(TXA)— (i) by redesignating the first 2 sentences as clause (i) with the following heading (and appropriate indentation): "(i) IN GENERAL.— ", and (ii) by adding at the end the following: "(ii) CLARIFICATION WITH RESPECT TO CERTAIN READMissiONS.— The preadmission screening program under clause (i) need not provide for determinations in the case of the readmission to a nursing facility of an individual who, after being admitted to the nursing facility, was transferred for care in a hospital. "(iii) EXCEPTION FOR CERTAIN HOSPITAL DISCHARGES.— The preadmission screening program under clause (i) shall not apply to the admission to a nursing facility of an individual— "(I) who is admitted to the facility directly from a hospital after receiving acute inpatient care at the hospital, "(II) who requires nursing facility services for the condition for which the individual received care in the hospital, and "(III) whose attending physician has certified, before admission to the facility, that the individual is likely to require less than 30 days of nursing facility services.". (3) DENIAL OF PAYMENTS FOR CERTAIN RESIDENTS NOT REQUIR- ING NURSING FACILITY SERVICES.—Section 1919(e)(7) (42 U.S.C. 1395r(e)('7)) is amended— 42 USC 1396r. (A) in subparagraph (D)— (i) in the heading, by striking "WHERE FAILURE TO CONDUCT PREADMISSION SCREENING", (ii) by designating the first sentence as clause (i) with the following heading (and appropriate indentation): "(i) FOR FAILURE TO CONDUCT PREADMISSION SCREEN- ING OR ANNUAL REVIEW. —", and (iii) by adding at the end the following new clause: "(ii) FOR CERTAIN RESIDENTS NOT REQUIRING NURSING FACILITY LEVEL OF SERVICES.—No payment may be made