PUBLIC LAW 109–171—FEB. 8, 2006
120 STAT. 93
of a Medicaid managed care organization with a contract under section 1903(m) of the Social Security Act as of December 8, 2005. (c) CLARIFICATION REGARDING NON-REGULATION OF TRANSFERS.— (1) IN GENERAL.—Nothing in section 1903(w) of the Social Security Act (42 U.S.C. 1396b(w)) shall be construed by the Secretary of Health and Human Services as prohibiting a State’s use of funds as the non-Federal share of expenditures under title XIX of such Act where such funds are transferred from or certified by a publicly-owned regional medical center located in another State and described in paragraph (2), so long as the Secretary determines that such use of funds is proper and in the interest of the program under title XIX. (2) CENTER DESCRIBED.—A center described in this paragraph is a publicly-owned regional medical center that— (A) provides level 1 trauma and burn care services; (B) provides level 3 neonatal care services; (C) is obligated to serve all patients, regardless of State of origin; (D) is located within a Standard Metropolitan Statistical Area (SMSA) that includes at least 3 States, including the States described in paragraph (1); (E) serves as a tertiary care provider for patients residing within a 125-mile radius; and (F) meets the criteria for a disproportionate share hospital under section 1923 of such Act in at least one State other than the one in which the center is located. (3) EFFECTIVE PERIOD.—This subsection shall apply through December 31, 2006. SEC. 6052. REFORMS OF CASE MANAGEMENT AND TARGETED CASE MANAGEMENT.
(a) IN GENERAL.—Section 1915(g) of the Social Security Act (42 U.S.C. 1396n(g)(2)) is amended by striking paragraph (2) and inserting the following: ‘‘(2) For purposes of this subsection: ‘‘(A)(i) The term ‘case management services’ means services which will assist individuals eligible under the plan in gaining access to needed medical, social, educational, and other services. ‘‘(ii) Such term includes the following: ‘‘(I) Assessment of an eligible individual to determine service needs, including activities that focus on needs identification, to determine the need for any medical, educational, social, or other services. Such assessment activities include the following: ‘‘(aa) Taking client history. ‘‘(bb) Identifying the needs of the individual, and completing related documentation. ‘‘(cc) Gathering information from other sources such as family members, medical providers, social workers, and educators, if necessary, to form a complete assessment of the eligible individual. ‘‘(II) Development of a specific care plan based on the information collected through an assessment, that specifies
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