Home > 106th Congressional Bills > H.R. 540 (rh) To amend title XIX of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities as a result of a voluntary withdrawal from participation in the Medicaid Program. [Reported in House] ...

H.R. 540 (rh) To amend title XIX of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities as a result of a voluntary withdrawal from participation in the Medicaid Program. [Reported in House] ...


Google
 
Web GovRecords.org


                                                        Calendar No. 38
106th CONGRESS
  1st Session
                                H. R. 540


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 11, 1999

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
To amend title XIX of the Social Security Act to prohibit transfers or 
    discharges of residents of nursing facilities as a result of a 
    voluntary withdrawal from participation in the Medicaid Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nursing Home Resident Protection 
Amendments of 1999''.

SEC. 2. RESTRICTIONS ON TRANSFERS OR DISCHARGES OF NURSING FACILITY 
              RESIDENTS IN THE CASE OF VOLUNTARY WITHDRAWAL FROM 
              PARTICIPATION UNDER THE MEDICAID PROGRAM.

    (a) In General.--Section 1919(c)(2) of the Social Security Act (42 
U.S.C. 1396r(c)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(F) Continuing rights in case of voluntary 
                withdrawal from participation.--
                            ``(i) In general.--In the case of a nursing 
                        facility that voluntarily withdraws from 
                        participation in a State plan under this title 
                        but continues to provide services of the type 
                        provided by nursing facilities--
                                    ``(I) the facility's voluntary 
                                withdrawal from participation is not an 
                                acceptable basis for the transfer or 
                                discharge of residents of the facility 
                                who were residing in the facility on 
                                the day before the effective date of 
                                the withdrawal (including those 
                                residents who were not entitled to 
                                medical assistance as of such day);
                                    ``(II) the provisions of this 
                                section continue to apply to such 
                                residents until the date of their 
                                discharge from the facility; and
                                    ``(III) in the case of each 
                                individual who begins residence in the 
                                facility after the effective date of 
                                such withdrawal, the facility shall 
                                provide notice orally and in a 
                                prominent manner in writing on a 
                                separate page at the time the 
                                individual begins residence of the 
                                information described in clause (ii) 
                                and shall obtain from each such 
                                individual at such time an 
                                acknowledgment of receipt of such 
                                information that is in writing, signed 
                                by the individual, and separate from 
                                other documents signed by such 
                                individual.
                        Nothing in this subparagraph shall be construed 
                        as affecting any requirement of a participation 
                        agreement that a nursing facility provide 
                        advance notice to the State or the Secretary, 
                        or both, of its intention to terminate the 
                        agreement.
                            ``(ii) Information for new residents.--The 
                        information described in this clause for a 
                        resident is the following:
                                    ``(I) The facility is not 
                                participating in the program under this 
                                title with respect to that resident.
                                    ``(II) The facility may transfer or 
                                discharge the resident from the 
                                facility at such time as the resident 
                                is unable to pay the charges of the 
                                facility, even though the resident may 
                                have become eligible for medical 
                                assistance for nursing facility 
                                services under this title.
                            ``(iii) Continuation of payments and 
                        oversight authority.--Notwithstanding any other 
                        provision of this title, with respect to the 
                        residents described in clause (i)(I), a 
                        participation agreement of a facility described 
                        in clause (i) is deemed to continue in effect 
                        under such plan after the effective date of the 
                        facility's voluntary withdrawal from 
                        participation under the State plan for purposes 
                        of--
                                    ``(I) receiving payments under the 
                                State plan for nursing facility 
                                services provided to such residents;
                                    ``(II) maintaining compliance with 
                                all applicable requirements of this 
                                title; and
                                    ``(III) continuing to apply the 
                                survey, certification, and enforcement 
                                authority provided under subsections 
                                (g) and (h) (including involuntary 
                                termination of a participation 
                                agreement deemed continued under this 
                                clause).
                            ``(iv) No application to new residents.--
                        This paragraph (other than subclause (III) of 
                        clause (i)) shall not apply to an individual 
                        who begins residence in a facility on or after 
                        the effective date of the withdrawal from 
                        participation under this subparagraph.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to voluntary withdrawals from participation occurring on or after the 
date of the enactment of this Act.

            Passed the House of Representatives March 10, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
                                     

                                                        Calendar No. 38

106th CONGRESS

  1st Session

                               H. R. 540

_______________________________________________________________________

                                 AN ACT

To amend title XIX of the Social Security Act to prohibit transfers or 
    discharges of residents of nursing facilities as a result of a 
    voluntary withdrawal from participation in the Medicaid Program.

_______________________________________________________________________

                             March 11, 1999

            Received; read twice and placed on the calendar

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.R. 2798 (rh) To authorize the Secretary of Commerce to provide financial assistance to the States of Alaska, Washington, Oregon, and California for salmon habitat restoration projects in coastal waters and upland drainages. [Reported in House] %%Filenam...
2 H.Con.Res. 241 (enr) [Enrolled bill] ...
3 H.R. 2632 (enr) To designate certain Federal lands in the Talladega National Forest in the State of Alabama as the Dugger Mountain Wilderness. [Enrolled bill] ...
4 S. 1423 (is) To amend the Internal Revenue Code of 1986 to exclude from income $40,000 of the salary of certain teachers who teach in high-poverty schools. [Introduced in Senate] ...
5 S. 1088 (is) To authorize the Secretary of Agriculture to convey certain administrative sites in national forests in the State of Arizona, to convey certain land to the City of Sedona, Arizona for a wastewater treatment facility, and for other purposes. [...
6 S. 2499 (is) To extend the deadline for commencement of construction of a hydroelectric project in the State of Pennsylvania. [Introduced in Senate] ...
7 H.Res. 425 (eh) [Engrossed in House] ...
8 H.R. 4772 (ih) To provide for prices of pharmaceutical products that are fair to the producer and the consumer, and for other purposes. [Introduced in House] ...
9 H.R. 4529 (ih) To amend title 49, United States Code, to prohibit the employment of certain individuals in positions affecting air transportation security. [Introduced in House] ...
10 H.R. 3642 (eh) To authorize the President to award a gold medal on behalf of the Congress to Charles M. Schulz in recognition of his lasting artistic contributions to the Nation and the world. [Engrossed in House] ...
11 H.R. 2990 (eas) [Engrossed Amendment Senate] ...
12 S. 2046 (rs) To reauthorize the Next Generation Internet Act, and for other purposes. [Reported in Senate] ...
13 H.R. 4314 (ih) To amend the Internal Revenue Code of 1986 to allow a credit against income tax to holders of bonds issued to finance land and water reclamation for the anthracite region of Pennsylvania, and for other purposes. [Introduced in House] %%File...
14 H.R. 3253 (ih) To redesignate the Coastal Barrier Resources System as the ``John H. Chafee Coastal Barrier Resources System''. [Introduced in House] ...
15 H.R. 5011 (ih) To amend title XVIII of the Social Security Act to extend the option to use rebased target amounts to all sole community hospitals. [Introduced in House] ...
16 H.R. 1325 (ih) To amend the Internal Revenue Code of 1986 to clarify the amount of the charitable deduction allowable for contributions of food inventory, and for other purposes. [Introduced in House] ...
17 S. 2327 (rs) To establish a Commission on Ocean Policy, and for other purposes. [Reported in Senate] ...
18 S. 305 (rfh) To reform unfair and anticompetitive practices in the professional boxing industry. [Referred in House] ...
19 S. 2865 (is) To designate certain land of the National Forest System located in the State of Virginia as wilderness. [Introduced in Senate] ...
20 S. 2863 (is) To prohibit use or sharing of medical health records or information by financial institutions and their affiliates, and for other purposes. [Introduced in Senate] ...
21 H.R. 1550 (rh) To authorize appropriations for the United States Fire Administration for fiscal years 2000 and 2001, and for other purposes. [Reported in House] ...
22 H.R. 763 (ih) To make chapter 12 of title 11, United States Code, permanent, and for other purposes. [Introduced in House] ...
23 H.R. 5109 (ih) To amend title 38, United States Code, to improve the personnel system of the Veterans Health Administration, and for other purposes. [Introduced in House] ...
24 S.Con.Res. 6 (es) [Engrossed in Senate] ...
25 H.Res. 591 (eh) [Engrossed in House] ...
26 H.R. 4057 (ih) To amend the Foreign Assistance Act of 1961 to provide increased foreign assistance for tuberculosis prevention, treatment, and control. [Introduced in House] ...
27 H.Con.Res. 254 (ih) Expressing the sense of the Congress that the President should seek input from all stakeholders, State and local governments, and the Congress before declaring any national monument under the authorities granted in the Act popularly kn...
28 S. 1582 (is) To modify the provisions of the Balanced Budget Act of 1997 relating to the Medicare program under title XVIII of the Social Security Act. x x [Introduced in Senate] ...
29 H.R. 1359 (rfs) To designate the Federal building and United States courthouse to be constructed at 10 East Commerce Street in Youngstown, Ohio, as the ``Frank J. Battisti and Nathaniel R. Jones Federal Building and United States Courthouse''. [Referred i...
30 H.R. 3454 (ih) To designate the United States post office located at 451 College Street in Macon, Georgia, as the ``Henry McNeal Turner Post Office''. [Introduced in House] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy