Pub.L. 104-316 To amend laws authorizing auditing, reporting, and other functions by the General Accounting Office. <> ...

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[[Page 110 STAT. 3824]]

Public Law 104-315
104th Congress

                                 An Act


 
To amend title XIX of the Social Security Act to repeal the requirement 
                                  for 
annual resident review for nursing facilities under the Medicaid program 
 and to require resident reviews for mentally ill or mentally retarded 
   residents when there is a significant change in physical or mental 
           condition. <<NOTE: Oct. 19, 1996 -  [H.R. 3632]>> 

    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); and
            (2) in subparagraph (D)(i), by striking ``annual'' in the 
        heading.

<<NOTE: 42 USC 1396r note.>>     (b) Effective Date.--The amendments 
made by subsection (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 ILL 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 
facility 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:

[[Page 110 STAT. 3825]]

                          ``(iii) Review required upon change in 
                      resident's condition.--A review and determination 
                      under clause (i) or (ii) must be conducted 
                      promptly after a nursing facility has notified the 
                      State mental health authority or State mental 
                      retardation or 
                      developmental disability authority, as applicable, 
                      under subsection (b)(3)(E) with respect to a 
                      mentally ill or mentally retarded resident, that 
                      there has been a significant change in the 
                      resident's physical or mental condition.''.

<<NOTE: 42 USC 1396r note.>>     (c) Effective Date.--The amendments 
made by this section shall apply to changes in physical or mental 
condition occurring on or after the date of the enactment of this Act.

    Approved October 19, 1996.

LEGISLATIVE HISTORY--H.R. 3632:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-817 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            Sept. 28, considered and passed House.
            Oct. 3, considered and passed Senate.

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