PUBLIC LAW 104-134—APR. 26, 1996 110 STAT. 1321-248
(d) STUDY AND REPORT ON DEEMING FOR NURSING FACILITIES
AND RENAL DIALYSIS FACILITIES.—
(1) STUDY.— The Secretary of Health and Human Services
shall provide for—
(A) a study concerning the effectiveness and appropriateness of the current mechanisms for surveying and
certifying skilled nursing facilities for compliance with the
conditions and requirements of sections 1819 and 186 l(j)
of the Social Security Act and nursing facilities for compliance with the conditions of section 1919 of such Act, and
(B) a study concerning the effectiveness and appropriateness of the current mechanisms for surveying and
certifying renal dialysis facilities for compliance with the
conditions and requirements of section 1881(b) of the Social
Security Act.
(2) REPORT. Not later than July 1, 1997, the Secretary
shall transmit to Congress a report on each of the studies
provided for under paragraph (1). The report on the study
under paragraph (1)(A) shall include (and the report on the
study under paragraph (1)(B) may include) a specific framework, where appropriate, for implementing a process under
which facilities covered under the respective study may be
deemed to meet applicable medicare conditions and requirements if they are accredited by a national accreditation body.
SEC. 517. The Secretary of Health and Human Services shall
grant a waiver of the requirements set forth in section
1903(m)(2)(A)(ii) of the Social Security Act to D.C. Chartered Health
Plan, Inc. of the District of Columbia: Provided, That such waiver
shall be deemed to have been in place for all contract periods
from October 1, 1991 through the current contract period or October
1, 1999, whichever shall be later.
SEC. 518. Section 119 of Public Law 104-99 is hereby repealed. 20 USC 1070a
note.
OPTIONAL, ALTERNATIVE MEDICAID PAYMENT METHOD
SEC. 519. (a) ELECTION.— ^A heavily impacted high-DSH State
(as defined in subsection (d)) may elect to receive payments for
expenditures under title XIX of the Social Security Act for the
period beginning October 1, 1995, and ending June 30, 1996 (in
this section referred to as the "9-month period"), for State fiscal
year 1996-1997, and (subject to subsection (c)(4)) for State fiscal
year 1997-1998 in accordance with the alternative payment method
specified in subsection (b) rather than in accordance with section
1903(a) of such Act.
(b) ALTERNATIVE PA.YMENT METHOD. —
(1) IN GENERAL.— Under the alternative payment method
specified in this subsection—
(A) any percentage otherwise specified in section
1903(a) of the Social Security Act for expenditures in the
9-month period or a State fiscal year for which the election
is in effect shall be equal to 100 percent minus the non-
Federal participation percentage (specified under paragraph (2)) for the State for that period or State fiscal
year, and
(B) the total payment for the 9-month period or a
State fiscal year in which the election is in effect may
not exceed the maximum Federal financial participation
specified in paragraph (5) for the period or year.
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