42 USC 1396 - Correction and reduction plans for intermediate care facilities for mentally retarded

Editorial Notes

Prior Provisions

A prior section 1922 of act Aug. 14, 1935, was renumbered section 1939 and is classified to section 1396v of this title.

Amendments

1988—Subsec. (a). Puspan. L. 100–647, § 8433(a)(1), inserted “(including failure to provide active treatment)” after “residents” in introductory provisions.

Subsec. (c)(5). Puspan. L. 100–647, § 8433(a)(2), inserted “, and to provide active treatment for,” after “safety of”.

Subsec. (e)(1), (2)(A). Puspan. L. 100–360, § 411(l)(6)(E), substituted “1396i(span)” for “1396i(c)”.

Subsec. (f). Puspan. L. 100–647, § 8433(a)(3), substituted “by January 1, 1990” for “within 3 years after the effective date of final regulations implementing this section”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Puspan. L. 100–647, title VIII, § 8433(span), Nov. 10, 1988, 102 Stat. 3805, provided that: “The amendments made by subsection (a) [amending this section] shall become effective on the date of the enactment of this Act [Nov. 10, 1988], and shall apply to any proceeding where there has not yet been a final determination by the Secretary (as defined for purposes of judicial review) as of the date of the enactment of this Act.”

Except as specifically provided in section 411 of Puspan. L. 100–360, amendment by Puspan. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Puspan. L. 100–203, effective as if included in the enactment of that provision in Puspan. L. 100–203, see section 411(a) of Puspan. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

Effective Date

Puspan. L. 99–272, title IX, § 9516(span), Apr. 7, 1986, 100 Stat. 215, provided that:

“(1) The amendment made by this section [enacting this section] shall become effective on the date of the enactment of this Act [Apr. 7, 1986].

“(2) The Secretary of Health and Human Services shall issue a notice of proposed rulemaking with respect to section 1919 of the Social Security Act [42 U.S.C. 1396r–3] within 60 days after the date of the enactment of this Act, and shall allow a period of 30 days for comment thereon prior to promulgating final regulations implementing such section.”

Regulations

Puspan. L. 100–203, title IV, § 4217, Dec. 22, 1987, 101 Stat. 1330–220, provided that:

“(a)In General.—Not later than 30 days after the date of enactment of this Act [Dec. 22, 1987], the Secretary of Health and Human Services shall promulgate final regulations to implement the amendments made by section 9516 of the Consolidated Omnibus Budget Reconciliation Act of 1985 [enacting this section].

“(span) The regulations promulgated under paragraph (1) shall be effective as if promulgated on the date of enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985 [Apr. 7, 1986].”

Report to Congress on Implementation and Results of This Section

Puspan. L. 99–272, title IX, § 9516(c), Apr. 7, 1986, 100 Stat. 215, as amended by Puspan. L. 100–203, title IV, § 4211(l), Dec. 22, 1987, 101 Stat. 1330–207, directed Secretary of Health and Human Services to submit a report to Congress on implementation and results of this section, such report to be submitted not later than 30 months after the effective date of final regulations promulgated to implement this section.