113 STAT. 8 PUBLIC LAW 106-4 —MAR. 25, 1999 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 chsirges of the facility, even though the resident may have become eligible for medic£d assistemce 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 compligince 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 involimtary termination of a peirticipation agreement deemed continued under this clause). "(iv) No APPLICATION TO NEW RESIDENTS.—T h is 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.". 42 USC I396r (b) EFFECTIVE DATE.— The amendment made by subsection (a) J^oteapplies to voluntary withdrawsds from participation occurring on or Eifter the date of the enactment of this Act. Approved March 25, 1999. LEGISLATIVE HISTORY—H.R. 540 (S. 494): HOUSE REPORTS: No. 106-44 (Comm. on Commerce). SENATE REPORTS: No. 106-13 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 145 (1999): Mar. 9, 10, considered and passed House. Mar. 15, considered and passed Senate.
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