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Calendar No. 36
106th CONGRESS
1st Session
S. 494
[Report No. 106-13]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 1999
Mr. Graham (for himself, Mr. Grassley, Mr. Roth, Mr. Moynihan, Mr.
Chafee, Mr. Rockefeller, Mr. Mack, Mr. Breaux, Mr. Kerrey, Ms.
Mikulski, Mr. Bryan, Mr. Hollings, Mr. Inouye, Mr. Harkin, Mr. Bayh,
Mr. Robb, Mr. Murkowski, Mr. Baucus, Mr. Conrad, and Mr. Santorum)
introduced the following bill; which was read twice and referred to the
Committee on Finance
March 10, 1999
Reported by Mr. Roth, without amendment
_______________________________________________________________________
A BILL
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 Residential Security
Act 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.
Calendar No. 36
106th CONGRESS
1st Session
S. 494
[Report No. 106-13]
_______________________________________________________________________
A BILL
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 10, 1999
Reported without amendment
Pages: 1 Other Popular 106th Congressional Bills Documents:
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