Page:United States Statutes at Large Volume 104 Part 2.djvu/595
PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-187 (B) in subsection (h), by adding before the period at the end the following: "or to limit the amount of payment that may be made under a plan under this title for home and community care. (2) DENIAL OF PAYMENT FOR CIVIL MONEY PENALTIES, ETC. — Section 1903(i)(8) of such Act (42 U.S.C. 1396b(i)(8)) is amended by inserting "(A)" after "medical assistance" and by inserting before the semicolon at the end the following: "or (B) for home and community care to reimburse (or otherwise compensate) a provider of such care for payment of a civil money penalty imposed under this title or title XI or for legal expenses in defense of an exclusion or civil money penalty under this title or title XI if there is no reasonable legal ground for the provider's case". (d) CONFORMING AMENDMENTS. — (1) Section 1902(j) (42 U.S.C. 1396a(j)) is amended by striking "(21)" and inserting "(22)". (2) Section 1902(a)(10)(C)(iv) (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by striking "through (20)" and inserting "through (21)". (e) EFFECTIVE DATES. — (1) Except as provided in this subsection, the amendments made by this section shall apply to home and community care furnished on or after July 1, 1991, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2)(A) The amendments made by subsection (c)(1) shall apply to home and community care furnished on or after July 1, 1991, or, if later, 30 days after the date of publication of interim regulations under section 1929(k)(l). (B) The amendment made by subsection (c)(2) shall apply to civil money penalties imposed after the date of the enactment of this Act. (f) WAIVER OF PAPERWORK REDUCTION, ETC. —Chapter 35 of title 44, United States Code, and Executive Order 12291 shall not apply to information and regulations required for purposes of carrying out this Act and implementing the amendments made by this Act. SEC. 4712. COMMUNITY SUPPORTED LIVING ARRANGEMENTS SERVICES. (a) PROVISION AS OPTIONAL SERVICE. —Section 1905(a) (42 U.S.C. 1396d(a)) as amended by section 4711 is further amended— (1) by striking "and" at the end of paragraph (23); (2) by redesignating paragraph (24) as paragraph (25); and (3) by inserting after paragraph (23) the following new paragraph: "(24) community supported living arrangements services (to the extent allowed and as defined in section 1930).". (b) COMMUNITY SUPPORTED LIVING ARRANGEMENTS.—Title XIX (42 U.S.C. 1396 et seq.) as amended by sections 4402 and 4711 is further amended— (1) by redesignating section 1930 as section 1931; and (2) by inserting after section 1929 the following new section: 42 USC 1396a note. 44 USC 3501 note. COMMUNITY SUPPORTED LIVING ARRANGEMENTS SERVICES "SEC. 1930. (a) COMMUNITY SUPPORTED LIVING ARRANGEMENTS SERVICES. — In this title, the term 'community supported living 42 USC 1396U.