Page:United States Statutes at Large Volume 104 Part 2.djvu/625

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-217 under this title, that exceed the payment amounts established by the State for such services under this title. " (B) CERTAIN MEDICAID INDIVIDUALS DEFINED. — In subparagraph (A), the term 'certain medicaid-eligible individual' means an individual who is entitled to medical assistance for nursing facility services in the facility under this title but with respect to whom such benefits are not being paid because, in determining the amount of the individual's income to be applied monthly to payment for the costs of such services, the amount of such income exceeds the payment amounts established by the State for such services under this title.". (B) EFFECTIVE DATE. —The amendments made by subpara- 42 USC 1396r graph (A) shall take effect on the date of the enactment of note, this Act, without regard to whether or not regulations to implement such amendments have been promulgated. (8) RESIDENTS' RIGHTS TO REFUSE INTRA-FACILITY TRANSFERS TO MOVE THE RESIDENT TO A MEDICARE-QUALIFIED PORTION.—Section 1919(c)(1)(A) (42 U.S.C. 1396r(c)(l)(A)) is amended— (A) by redesignating clause (x) as clause (xi) and by inserting after clause (ix) the following new clause: "(x) REFUSAL OF CERTAIN TRANSFERS. —The right to refuse a transfer to another room within the facility, if a purpose of the transfer is to relocate the resident from a portion of the facility that is not a skilled nursing facility (for purposes of title XVIII) to a portion of the facility that is such a skilled nursing facility."; and (B) by adding at the end the following: "A resident's exercise of a right to refuse transfer under clause (x) shall not affect the resident's eligibility or entitlement to medical assistance under this title or a State's entitlement to Federal medical assistance under this title with respect to services furnished to such a resident.". (9) RESIDENT ACCESS TO CUNICAL RECORDS. —Section section ^^ 1919(c)(l)(A)(iv) (42 U.S.C. 1396r(c)(l)(A)(iv)) is amended by inserting before the period at the end the following: "and to access to current clinical records of the resident upon request by the resident or the resident's legal representative, within 24 hours (excluding hours occurring during a weekend or holiday) after making such a request". (10) INCLUSION OF STATE NOTICE OF RIGHTS IN FACILITY NOTICE OF RIGHTS.—Section 1919(c)(l)(B)(ii) (42 U.S.C. 1396r(c)(l)(B)(ii)) is amended by inserting "including the notice (if any) of the State developed under subsection (e)(6)" after "in such rights)". (11) REMOVAL OF DUPLICATIVE REQUIREMENT FOR QUALIFICA- TIONS OF NURSING HOME ADMINISTRATORS.— Effective on the date on which the Secretary promulgates standards regarding the qualifications of nursing facility administrators under section 1919(f)(4) of the Social Security Act— (A) paragraph (29) of section 1902(a) of such Act (42 U.S.C. 1396a(a)) is repealed; and (B) section 1908 of such Act (42 U.S.C. 1396g) is repealed. (12) CLARIFICATION OF NURSE AIDE REGISTRY REQUIREMENTS. — Section 1919(e)(2) (42 U.S.C. 1396r(e)(2)) is amended— (A) in subparagraph (A), by striking the period and inserting the following: ", or any individual described in subsec- " So in original. Probably should be "Section 1919(c)(l)(A)(iv)".