110 STAT. 3824 PUBLIC LAW 104-315—OCT. 19, 1996 Public Law 104-315 104th Congress An Act To amend title XIX of the Social Security Act to repeal the requirement for Oct. 19, 1996 annual resident review for nursing facilities under the Medicaid program and [HR 3632] ^ require resident reviews for mentally ill or mentally retarded residents when there is a significant change in physical or mental condition. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF REQUIREMENT FOR ANNUAL RESIDENT REVIEW FOR MENTALLY ILL AND MENTALLY RETARDED NURSING FACILITY RESIDENTS. (a) IN GENERAL. —Section 1919(e)(7) of the Social Security Act (42 U.S.C. 1396r(e)(7)) is amended— (1) in subparagraph (B)— (A) by striking "ANNUAL" in the heading, and (B) by striking clause (iii); sind (2) in subparagraph (D)(i), by striking "ANNUAL" in the heading. 42 USC I396r (b) EFFECTIVE DATE. —The amendments made by subsection note. (a) shall take effect on the date of the enactment of this Act. SEC. 2. REQUIREMENT FOR REVIEW IN CASE OF SIGNIFICANT CHANGE IN PHYSICAL OR MENTAL CONDITION OF MENTALLY ELL OR MENTALLY RETARDED NURSING FACILITY RESIDENTS. (a) REQUIREMENT FOR NOTIFICATION OF STATE AUTHORITY.— Section 1919(b)(3)(E) of the Social Security Act (42 U.S.C. 1396r(b)(3)(E)) is amended by adding at the end the following: "In addition, a nursing faciHty shall notify the State mental health authority or State mental retardation or developmental disability authority, as applicable, promptly after a significant change in the physical or mental condition of a resident who is mentally ill or mentally retarded.". (b) REQUIREMENT FOR REVIEW. —Section 1919(e)(7)(B) of such Act (42 U.S.C. 1396r(e)(7)(B)), as amended by section 1(a)(1), is amended by inserting after clause (ii) the following new clause:
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