Page:United States Statutes at Large Volume 108 Part 5.djvu/917

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PUBLIC LAW 103-432-OCT. 31, 1994,, 108 STAT. 4407 for the individual to rebut the allegations) and the opportunity for a hearing on the record, make a written finding as to the accuracy of the allegations.". (C) EFFECTIVE DATE.— The amendments made by this 42 USC i395i-3 paragraph shall take effect January 1, 1995. note. (d) CORRECTIONS REIATING TO SECTION 4008. — (1) Section 1819(b)(5)(D) (42 U.S.C. 1395i-3(b)(5)(D)), as amended by section 4008(h)(1)(D) of OBRA-1990, is amended by striking the comma before "or a new competency evaluation program.". (2) Section 1819(b)(5)(G) (42 U.S.C. 1395i-3(b)(5)(G)) is amended by striking "or licensed or certified social worker" and inserting "licensed or certified social worker, registered respiratory therapist, or certified respiratory therapy technician". (3) Section 1819(f)(2)(B)(i) (42 U.S.C. 1395i-3(f)(2)(B)(i)) is amended by striking "facilities," and inserting "facilities (subject to clause (iii)),". (4) Section 1819(f)(2)(B)(iii)(I)(c) (42 U.S.C. 13951- 3(f)(2)(B)(iii)(I)(c)) is amended by striking "clauses" each place it appears and inserting "clause". (5) Section 1819(g)(5)(B) (42 U.S.C. 1395i-3(g)(5)(B)) is amended by striking "paragraphs" and inserting "paragraph". (6) Section 4008(h)(l)(F)(ii) of OBRA-1990 is amended— 42 USC i395i-3 (A) by striking "The amendments" and inserting "(I) "o*^®. The amendments"; (B) by striking "nursing facility" each place it appears and inserting "skilled nursing facility"; (C) by redesignating subclauses (I) through (V) as items (aa) through (ee); and (D) by adding at the end the following new subclause: "(II) Notwithstanding subclause (I) and subject to section 1819(f)(2)(B)(iii)(I) of the Social Security Act (as amended by clause (i)), a State may approve a training and competency evaluation program or a competency evaluation program offered by or in a skilled nursing facility described in subclause (I) if, during the previous 2 years, item (aa), (bb), (cc), (dd), or (ee) of subclause (I) did not apply to the facility.". (7) EFFECTIVE DATE. —The amendments made by this sub- 42 USC l395i-3 section shall take effect as if included in the enactment of ^°^- OBRA-1990. SEC. 107. NOTIFICATION OF AVAILABILITY OF HOSPICE BENEFIT, (a) IN GENERAL.— Section 1861(ee)(2)(D) (42 U.S.C. 1395x(ee)(2)(D)) is amended by inserting ", including hospice services," after "post-hospital services". (b) EFFECTIVE DATE. —The amendment made by subsection (a) 42 USC I395x shall apply to services furnished on or after the first day of the note. first month beginning more than one year after the date of the enactment of this Act. SEC. 108. CLARIFYING EXPERTISE OF INDIVIDUALS TO SERVE ON THE PROSPECTIVE PAYMENT ASSESSMENT COMMISSION. Section 1886(e)(6)(B) (42 U.S.C. 1395ww(e)(6)(B)) is amended by striking "hospital reimbursement, hospital financial management" and inserting "health facility management, reimbursement