In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Example input: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.

(a) Definitions.--In this section:
(1) Business entity.--The term ''business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ''facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ''gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ''intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ''nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Example output: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Example explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Medicare Substitute Adult Day Care
Services Act of 1998''.

SEC. 2. COVERAGE OF SUBSTITUTE ADULT DAY CARE SERVICES UNDER MEDICARE.

(a) Substitute Adult Day Care Services Benefit.--
(1) In general.--Section 1861(m) of the Social Security Act
(42 U.S.C. 1395x(m)) is amended--
(A) in the matter preceding paragraph (1), by
inserting ''or paragraph (8)'' after ''paragraph (7)'';
(B) in paragraph (6), by striking ''and'' at the
end;
(C) in paragraph (7), by adding ''and'' at the end;
and
(D) by inserting after paragraph (7), the following
new paragraph:
''(8) substitute adult day care services (as defined in
subsection (uu));''.
(2) Substitute adult day care services defined.--Section
1861 of such Act (42 U.S.C. 1395x) is amended by adding at the
end the following new subsection:

''Substitute Adult Day Care Services; Adult Day Care Facility

''(uu)(1)(A) The term 'substitute adult day care services' means
the items and services described in subparagraph (B) furnished to an
individual by an adult day care facility as a part of a plan under
subsection (m) substituting such services for a portion of the items
and services described in subparagraph (B)(i) furnished by a home
health agency under the plan, as determined by the physician
establishing the plan.
''(B) The items and services described in this subparagraph are the
following items and services:
''(i) Items and services described in paragraphs (1)
through (7) of subsection (m).
''(ii) Transportation of the individual to and from the
adult day care facility in connection with any such item or
service.
''(iii) Meals.
''(iv) A program of supervised activities designed to
promote physical and mental health and furnished to the
individual by the adult day care facility in a group setting
for a period of not fewer than four and not greater than twelve
hours per day.
''(2)(A) Except as provided in subparagraph (B), the term 'adult
day care facility' means a public agency or private organization, or a
subdivision of such an agency or organization, that--
''(i) is engaged in providing skilled nursing services and
other therapeutic services; and
''(ii) meets the requirements of paragraphs (2) through (8)
of subsection (o).
''(B) The Secretary may waive the requirement of a surety bond
under paragraph (7) of subsection (o) in the case of an agency or
organization that provides a comparable surety bond under State law.
''(C) For purposes of payment for home health services consisting
of substitute adult day care services furnished under this title, any
reference to a home health agency is deemed to be a reference to an
adult day care facility.''.
(3) Conforming amendments.--Sections 1814(a)(2)(C) and
1835(a)(2)(A)(i) of such Act (42 U.S.C. 1395f(a)(2)(C) and 42
U.S.C. 1395f(a)(2)(C)) are each amended by striking ''section
1861(m)(7)'' and inserting ''paragraph (7) or (8) of section
1861(m)''.
(b) Payment for Substitute Adult Day Care Services.--
(1) Reasonable cost.--Section 1861(v)(1)(L) of such Act (42
U.S.C. 1395x(v)(1)(L)) is amended by adding at the end the
following new clause:
''(viii) In the case home health services consisting of substitute
adult day care services, the following rules apply:
''(I) The Secretary shall determine each component (as
defined by the Secretary) of substitute adult day care services
(under subsection (uu)(1)(B)(i)) furnished to an individual
under the plan of care established under subsection (m) with
respect to such services.
''(II) The Secretary shall estimate the amount that would
otherwise be payable under this subparagraph for all home
health services under that plan of care other than substitute
adult day care services for a week or other period specified by
the Secretary.
''(III) The total amount payable for home health services
consisting of substitute adult day care services may not exceed
95 percent of the amount estimated to be payable under
subclause (II) furnished under the plan by a home health
agency.
''(IV) No payment may be made under this title for home
health services consisting of substitute adult day care
services described in clauses (ii), (iii), and (iv) of
subsection (uu)(1)(B).''.
(2) Prospective payment system.--Section 1895 of such Act
(42 U.S.C. 1395fff) is amended by adding at the end the
following new subsection:
''(e) Payment Rate for Substitue Adult Day Care Services.--In the
case home health services consisting of substitute adult day care
services, the following rules apply:
''(1) The Secretary shall determine each component (as
defined by the Secretary) of substitute adult day care services
(under section 1861(uu)(1)(B)(i)) furnished to an individual
under the plan of care established under section 1861(m) with
respect to such services.
''(2) The Secretary shall estimate the amount that would
otherwise be payable under this section for all home health
services under that plan of care other than substitute adult
day care services for a week or other period specified by the
Secretary.
''(3) The total amount payable for home health services
consisting of substitute adult day care services may not exceed
95 percent of the amount estimated to be payable under
paragraph (2) furnished under the plan by a home health agency.
''(4) No payment may be made under this title for home
health services consisting of substitute adult day care
services described in clauses (ii), (iii), and (iv) of section
1861(uu)(1)(B).''.
(c) Adjustment in Case of Overutilization of Substitute Adult Day
Care Services.--
(1) Monitoring expenditures.--The Secretary of Health and
Human Services shall monitor the expenditures made under the
Medicare Program under title XVIII of the Social Security Act
for home health services furnished under section 1861(m) of
such Act for a fiscal year beginning with fiscal year 2000,
including substitute adult day care services under paragraph
(8) of such section (as added by subsection (a)), and compare
such expenditures to expenditures that the Secretary estimates
would have been made for home health services for that fiscal
year if subsection (a) had not been enacted.
(2) Required reduction in payment rate.--If the Secretary
determines, after making the comparison under paragraph (1) and
making such adjustments for changes in demographics and age of
the Medicare beneficiary population as the Secretary determines
appropriate, that expenditures for home health services
including such substitute adult day care services exceed
expenditures that would have been made for home health services
furnished under section 1861(m) of such Act for a year if
subsection (a) had not been enacted, then the Secretary shall
adjust the rate of payment so that total expenditures for home
health services furnished under such section in a fiscal year
does not exceed the Secretary's estimate of such expenditures
if subsection (a) had not been enacted.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 1999.
A:
Medicare Substitute Adult Day Care Services Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of substitute adult day care services.
Directs the Secretary of Health and Human Services to monitor Medicare expenditures for home health services for a fiscal year, including substitute adult day care services, and compare them to expenditures that the Secretary estimates would have been made for home health services for that fiscal year if there had been no coverage of substitute adult day care services. Requires the Secretary, if home health service expenditures exceed such estimates, to adjust the rate of payment for home health services so that total expenditures do not exceed such estimates.