103 STAT. 2300 PUBLIC LAW 101-239—DEC. 19, 1989 42 USC 1395i-3 note. 42 USC 1396r note. 42 USC 1396b note. New York. Wisconsin. > evaluation programs, described in section 1919(e)(l) of such Act, in the case of activities conducted before October 1, 1990, the Secretary of Health and Human Services shall not ^ take into account, or allocate amounts on the basis of, the proportion of residents of nursing facilities that is entitled f* •' tobenefitsundertitleXVniorXIXof such Act. (6) EFFKCTIVE DATES. — (A) IN GENERAL.— Except as provided in subparagraph (B), the amendments made by this subsection shall take effect as if they were included in the enactment of the Omnibus Budget Reconciliation Act of 1987. (B) EXCEPTION.—The amendments made by paragraph (3) shall apply to nurse aide training and competency evalua- tion programs, and nurse aide competency evaluation pro- grams, offered on or after the end of the 90-day period beginning on the date of the enactment of this Act, but shall not affect competency evaluations conducted under programs offered before the end of such period. (c) PUBLICATION OF PROPOSED REGULATIONS RESPECTING PREADMISSION SCREENING AND ANNUAL RESIDENT REVIEW. —The Secretary of Health and Himian Services shall issue proposed regu- lations to establish the criteria described in section 1919(f)(8)(A) of the Social Security Act by not later than 90 days after the date of the enactment of this Act. (d) OTHER AMENDMENTS. — (1) CLARIFICATION OF APPLICABILTTY OF ENFORCEMENT RULES TO DUALLY-CERTIFIED FACILITIES. —Section 19190iX8) of the Social Security Act (42 U.S.C. 1396r(h)(8)) is amended by adding at the end the following: "The provisions of this subsection shall apply to a nursing facility (or portion thereof) notwithstanding that the facility (or portion thereof) also is a skilled nursing facility for purposes of title XVIII.". (2) CLARIFICATION OF FEDERAL MATCHING RATE FOR SURVEY AND CERTIFICATION ACTIVITIES.—During the period before October 1, 1990, the Federal percents^ matehing payment rate under section 1903(a) of the Social Security Act for so much of the sums expended under a State plan under title XIX of such Act as are attributeble to compensation or training of personnel responsible for inspecting public or private skilled nursing or intermediate care facilities to individuals receiving medical assistance to determine compliance with health or saiety stand- ards shall be 75 percent. (3) MEDICARE WAIVER AUTHORITY FOR CERTAIN DEMONSTRATION PROJECTS.—(A) The Secretary of Health and Human Services may waive the survey and certification requirements of sections 1819(g) and 1864(a) of the Social Security Act to the extent the Secretary determines is required to carry out a demonstration project in New York (relating to testing an approved alternative survey and certification process), which has been approved as of the date of the enactment of this Act. Such waiver shall apply only during the period beginning on November 1, 1988, and enmngon October 31, 1991. (B) The Secretary also may waive the survey and certification requirements described in subparagraph (A) to the extent the Secretary determines is required to carry out a pilot demonstra- tion project in Wisconsin (relating to testing an approved alter- native survey and certification process). Such waiver shall apply
�
