904
PUBLIC LAW 90-248-JAN. 2, 1968
[81 STAT.
which provides such services, or arranges for their availability, on a prepayment basis), who undertakes to provide him such services." (b) The amendments ma.de by this section shall apply with respect to calendar quarters beginning after June 30, 1969; except that such amendments shall apply in the case of Puerto Rico, the Virgin Islands, and Guam only with repect to calendar quarters beginning after June 30, 1972. U T I L I Z A T I O N OF STATE F A C I L I T I E S TO PROVIDE CONSULTATIVE SERVICES TO INSTITUTIONS F U R N I S H I N G MEDICAL CARE
SEC. 228. (a) Section 1902(a) of the Social Security Act (as Ante. p. 903. amended by section 227 of this Act) is amended— (1) by striking out "and" at the end of paragraph (22); (2) by striking out the period at the end of paragraph (23) and inserting in lieu thereof "; and"; and (3) by inserting after paragraph (23) the following new paragraph: "(24) effective July 1, 1969, provide for consultative services by health agencies and other appropriate agencies of the State to hospitals, nursing homes, home health agencies, clinics, laboratories, and such other institutions as the Secretary may specify in order to assist them (A) to qualify for payments under this Act, (B) to establish and maintain such fiscal records as may be necessary for the proper and efficient administration of this Act, and (C) to provide mformation needed to determine payments due under this Act on account of care and services furnished to individuals." (b) Effective July 1, 1969, the last sentence of section 1864(a) of l\ use U95aa. ^uch Act is repealed. P A Y M E N T S FOR SERVICES A N D CARE BY A T H I R D
42 us^c f396b.
PARTY
SEC. 229. (a) Section 1902(a) of the Social Security Act (as amended by section 228 of this Act) is amended— (1) by striking out "and" at the end of paragraph (23); (2) by striking out the period at the end of paragraph (24) and inserting in lieu thereof ": and"; and (3) by inserting after paragraph (24) the following new paragraph: "(25) provide (A) that the State or local agency administering such plan will take all reasonable measures to ascertain the legal liability of third parties to pay for care and services (available under the plan) arising out of injury, disease, or disability, (B) that where the State or local agency knows that a third party has such a legal liability such agency will treat such legal liability as a resource of the individual on whose behalf the care and services are made available for purposes of paragraph (17)(B), and (C) that in any case where such a legal liability is found to exist after medical assistance has been made available on behalf of the individual, the State or local agency will seek reimbursement for such assistance to the extent of such legal liability." (b) The amendment made by subsection (a) shall apply with respect to legal liabilities of third parties arising after March 31, 1968. (^) Section 1903(d)(2) of such Act is amended by adding at the end thereof the following new sentence: "Expenditures for which payments were made to the State under subsection (a) shall be treated
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