1418 Effective date.
PUBLIC LAW 92-603-OCT. 30, 1972
[86 STAT.
(J) x h e amendnieiits made by this section shall be effective January 1, 1973 (or earlier if the State plan so provides). RELATIONSHIP BETWEEN MEDICAID AND COMPREHENSIVE HEALTH CARE PROGRAMS
81 Stat. 903. 42 USC 1396a.
SEC. 240. Section 1902(a) (23) of the Social Security Act is amended by adding after the semicolon at the end thereof the following: "and a State plan shall not be deemed to be out of compliance with the requirements of this paragraph or paragraph (1) or (10) solely by reason of the fact that the State (or any political subdivision thereof) has entered into a contract with an organization which has agreed to provide care and services in addition to those offered under the State plan to individuals eligible for medical assistance who reside in the geographic area served by such organization and who elect to obtain such care and services from such organization;". PROGRAM FOR DETERMINING QUALIFICATIONS FOR CERTAIN HEALTH CARE PERSONNEL
SEC. 241. Title X I of the Social Security Act is amended by addAnte, p. 1386. j ^ g after section 1122 (as added by section 221(a) of this Act) the following new section: " P R O G R A M FOR DETERMINING QUALIFICATIONS FOR CERTAIN HEALTH CARE PERSONNEL
42 USC 1395.
42 USC 1396.
"SEC. 1123. (a) The Secretary, in carrying out his functions relating to the qualifications for health care personnel under title X VIII, shall develop (in consultation with appropriate professional health organizations and State health and licensure agencies) and conduct (in conjunction with State health and licensure agencies) until December 31, 1977, a program designed to determine the proficiency of individuals (who do not otherwise meet the formal educational, professional membership, or other specific criteria established for determining the qualifications of practical nurses, therapists, laboratory technicians, and technologists, and cytotechnologists. X-ray technicians, psychiatric technicians, or other health care technicians and technologists) to perform the duties and functions of practical nurses, therapists, laboratory technicians, technologists, and cytotechnologists, X-ray technicians, psychiatric technicians, or other health care technicians and technologists. Such program shall include (but not be limited to) the employment of procedures for the formal testing of the proficiency of individuals. In the conduct of such program, no individual who otherwise meets the proficiency requirements for any health care specialty shall be denied a satisfactory^ proficiency rating solely because of his failure to meet formal educational or professional membership requirements, (b) If any individual has been determined, under the program established pursuant to subsection (a), to be qualified to perform the duties and functions of any health care specialty, no person or provider utilizing the services of such individual to perform such duties and functions shall be denied payment, under title X VIII or under any State plan approved under title X IX, for any health care services provided by such person on the grounds that such individual is not qualified to perform such duties and functions."
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