I
105TH CONGRESS
2D SESSION
H. R. 4843
To amend titles XVIII and XIX of the Social Security Act to require skilled
nursing facilities and nursing facilities filing for relief under title 11
of the United States Code to provide to appropriate State agencies
written notice of such filing, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 15, 1998
Ms. ROYBAL-ALLARD introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To amend titles XVIII and XIX of the Social Security Act
to require skilled nursing facilities and nursing facilities
filing for relief under title 11 of the United States Code
to provide to appropriate State agencies written notice
of such filing, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Nursing Home Resi-
dents Protection Act of 1998’’.
SEC. 2. REQUIRED NOTICE IN CASE OF SKILLED NURSING
FACILITIES OR NURSING FACILITIES FILING
FOR BANKRUPTCY.
(a) 
SKILLED
NURSING
FACILITIES.—Section
1819(c)(2) of the Social Security Act (42 U.S.C. 1395i–
3(c)(2)) is amended by adding at the end the following
new subparagraph:
‘‘(D) NOTICES IN CASE OF FILING FOR
RELIEF UNDER BANKRUPTCY LAWS.—
‘‘(i) NOTICE OF FILING.—A person or
entity having a controlling interest in a
skilled nursing facility that files a petition
for relief from the debts of the facility
under title 11 of the United States Code
(relating to bankruptcy) shall provide writ-
ten notification of such filing to the State
agency responsible for the licensing of the
facility. Such notification shall be made
not later than one day after the date on
which the facility files such petition, and
shall include the location of the court in
which the petition is filed.
‘‘(ii) NOTICE
OF
APPOINTMENT
OF
TRUSTEE.—Not later than one day after
the date of the appointment of a bank-
ruptcy trustee by reason of the filing of the
petition, such person or entity shall provide
written notification to such State agency of
the name, address, and telephone number
of the bankruptcy trustee.
‘‘(iii) NOTICE
FROM
STATE
AGENCY
TO TRUSTEE.—Not later than three days
after the date the State agency receives no-
tification under clause (ii), the State agen-
cy shall provide to the bankruptcy trustee
written notification of all applicable laws
and regulations governing the lawful oper-
ation of a nursing facility in that state.’’.
(b) NURSING FACILITIES.—Section 1919(c)(2) of
such Act (42 U.S.C. 1396r(c)(2)) is amended by adding
at the end the following new subparagraph:
‘‘(F) NOTICES IN CASE OF FILING FOR
RELIEF UNDER BANKRUPTCY LAWS.—
‘‘(i) NOTICE OF FILING.—A person or
entity having a controlling interest in a
nursing facility that files a petition for re-
lief from the debts of the facility under
title 11 of the United States Code (relating
to bankruptcy) shall provide written notifi-
cation of such filing to the State agency
responsible for the licensing of the facility.
Such notification shall be made not later
than one day after the date on which the
facility files such petition, and shall include
the location of the court in which the peti-
tion is filed.
‘‘(ii) NOTICE
OF
APPOINTMENT
OF
TRUSTEE.—Not later than one day after
the date of the appointment of a bank-
ruptcy trustee by reason of the filing of the
petition, such person or entity shall provide
written notification to such State agency of
the name, address, and telephone number
of the bankruptcy trustee.
‘‘(iii) NOTICE
FROM
STATE
AGENCY
TO TRUSTEE.—Not later than three days
after the date the State agency receives no-
tification under clause (ii), the State agen-
cy shall provide to the bankruptcy trustee
written notification of all applicable laws
and regulations governing the lawful oper-
ation of a nursing facility in that state.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 180 days after the date of
the enactment of this Act.
Æ