Union Calendar No. 446

104TH CONGRESS

2D SESSION H. R. 3632

[Report No. 104–817]

A BILL

To amend title XIX of the Social Security Act to

nificant change in physical or mental condition.mentally retarded residents when there is a sigand to require resident reviews for mentally ill orfor nursing facilities under the Medicaid programrepeal the requirement for annual resident review

SEPTEMBER 23, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 446

104TH CONGRESS

2D SESSION H. R. 3632

[Report No. 104–817]

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.

IN THE HOUSE OF REPRESENTATIVES

JUNE 12, 1996

Mr. EHRLICH introduced the following bill; which was referred to the

Committee on Commerce

SEPTEMBER 23, 1996

Additional sponsor: Mr. MINGE

SEPTEMBER 23, 1996

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

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.
2

•HR 3632 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REPEAL OF REQUIREMENT FOR ANNUAL RESI4 DENT REVIEW FOR MENTALLY ILL AND MEN5 TALLY RETARDED NURSING FACILITY RESI6 DENTS.

7 (a) IN GENERAL.—Section 1919(e)(7) of the Social

8 Security Act (42 U.S.C. 1396r(e)(7)) is amended—

9 (1) in subparagraph (B)—

10 (A) by striking ‘‘ANNUAL’’ in the heading,

11 and

12 (B) by striking clause (iii); and

13 (2) in subparagraph (D)(i), by striking ‘‘AN14 NUAL’’ in the heading.

15 (b) EFFECTIVE DATE.—The amendments made by

16 subsection (a) shall take effect on the date of the enact17 ment of this Act.

18 SEC. 2. REQUIREMENT FOR REVIEW IN CASE OF SIGNIFI19 CANT CHANGE IN PHYSICAL OR MENTAL

20 CONDITION OF MENTALLY ILL OR MENTALLY

21 RETARDED NURSING FACILITY RESIDENTS.

22 (a) REQUIREMENT FOR NOTIFICATION OF STATE

23 AUTHORITY.—Section 1919(b)(3)(E) of the Social Secu24 rity Act (42 U.S.C. 1396r(b)(3)(E)) is amended by adding

25 at the end the following: ‘‘In addition, a nursing facility
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•HR 3632 RH

1 shall notify the State mental health authority or State

2 mental retardation or developmental disability authority,

3 as applicable, promptly after a significant change in the

4 physical or mental condition of a resident who is mentally

5 ill or mentally retarded.’’.

6 (b) REQUIREMENT FOR REVIEW.—Section

7 1919(e)(7)(B) of such Act (42 U.S.C. 1396r(e)(7)(B)), as

8 amended by section 1(a)(1), is amended by inserting after

9 clause (ii) the following new clause:

10 ‘‘(iii) REVIEW REQUIRED UPON

11 CHANGE IN RESIDENT’S CONDITION.—A

12 review and determination under clause (i)

13 or (ii) must be conducted promptly after a

14 nursing facility has notified the State men15 tal health authority or State mental retar16 dation or developmental disability author17 ity, as applicable, under subsection

18 (b)(3)(E) with respect to a mentally ill or

19 mentally retarded resident, that there has

20 been a significant change in the resident’s

21 physical or mental condition.’’.

22 (c) EFFECTIVE DATE.—The amendments made by

23 this section shall apply to changes in physical or mental

24 condition occurring on or after the date of the enactment

25 of this Act.