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PUBLIC LAW 92-^03_OCT. 30, 1972
[86 STAT.
P A Y M E N T S TO STATES U N D E R MEDICAID FOR C O M P E N S A T I O N OF INSPECTORS RESPONSIBLE FOR M A I N T A I N I N G C O M P L I A N C E W I T H FEDERAL STANDARDS
SEC. 249B. Section 1903(a) of the Social Security Act, as amended An<e, pp. 1380, by sections 207(a)(2) and 235(a) of this Act, is further amended, Effective pe- effective for the period beginning October 1, 1972, and ending June "od30, 1974, by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: "(4) an amount equal to 100 per centum of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) which are attributable to compensation or training of personnel (of the State agency or any other public agency) responsible for inspecting public or private institutions (or portions thereof) providing long-term care to recipients of medical assistance to determine whether such institutions comply with health or safety standards applicable to such institutions under this Act; plus". DISCLOSURE OF INFORMATION C O N C E R N I N G THE P E R FOR M A N C E OF CARRIERS, I N T E R M E D I A R I E S, STATE A G E N C I E S, A N D PROVIDERS OF SERVICES U N D E R MEDICARE A N D MEDICAID
42 USC 1306.
SEC. 249C. (a) Section 1106 of the Social Security Act is amended by adding at the end thereof the following new subsections: " (d) Notwithstanding any other provision of this section the Secretary shall make available to each State agency operating a program 42 USC 1396. under title X IX and shall, subject to the limitations contained in subsection (e), make available for public inspection in readily accessible form and fashion, the following official reports (not including, however, references to any internal tolerance rules and practices that may be contained therein, internal working papere or other informal memoranda) dealing with the operation of the health programs established 42 USC 1395, by titles X VIII and X IX — 1396 "(1) individual contractor performance reviews and other formal evaluations of the performance of carriers, intermediaries, and State agencies, including the reports of follow-up reviews; "(2) comparative evaluations of the performance of such contractors, including comparisons of either overall performance or of any particular aspect of contractor operation; and "(3) program validation survey reporte and other formal evaluations of the performance of providers of services, including the reports of follow-up reviews, except that such reports shall not identify individual patients, individual health care practitioners, or other individuals, contractor, re"(g) jy[Q report described in subsection (d) shall be made public )rt review. -^^ ^^^ Secretary or the State title X IX agency until the contractor or provider of services whose performance is being evaluated has had a reasonable opportunity (not exceeding 60 days) to review such report and to offer comments pertinent parts of which may be incorporated in the public report; nor shall the Secretary be required to include in any such report information with respect to any deficiency (or improper practice or procedures) which is known by the Secretary to have been fully corrected, within 60 days of the date such deficiency was first brought to the attention of such contractor or provider of services, as the case may be." Effective date. (b) ^ h e provisions of subsection (a) shall apply with respect to reports which are completed by the Secretary after the third calendar month following the enactment of this Act.
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