
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1396i]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
    SUBCHAPTER XIX--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
 
Sec. 1396i. Certification and approval of rural health clinics 
        and intermediate care facilities for mentally retarded
        
    (a)(1) Whenever the Secretary certifies a facility in a State to be 
qualified as a rural health clinic under subchapter XVIII of this 
chapter, such facility shall be deemed to meet the standards for 
certification as a rural health clinic for purposes of providing rural 
health clinic services under this title.
    (2) The Secretary shall notify the State agency administering the 
medical assistance plan of his approval or disapproval of any facility 
in that State which has applied for certification by him as a qualified 
rural health clinic.
    (b)(1) The Secretary may cancel approval of any intermediate care 
facility for the mentally retarded at any time if he finds on the basis 
of a determination made by him as provided in section 1396a(a)(33)(B) of 
this title that a facility fails to meet the requirements contained in 
section 1396a(a)(31) of this title or section 1396d(d) of this title, or 
if he finds grounds for termination of his agreement with the facility 
pursuant to section 1395cc(b) of this title. In that event the Secretary 
shall notify the State agency and the intermediate care facility for the 
mentally retarded that approval of eligibility of the facility to 
participate in the programs established by this subchapter and 
subchapter XVIII of this chapter shall be terminated at a time specified 
by the Secretary. The approval of eligibility of any such facility to 
participate in such programs may not be reinstated unless the Secretary 
finds that the reason for termination has been removed and there is 
reasonable assurance that it will not recur.
    (2) Any intermediate care facility for the mentally retarded which 
is dissatisfied with a determination by the Secretary that it no longer 
qualifies as a \1\ intermediate care facility for the mentally retarded 
for purposes of this subchapter, shall be entitled to a hearing by the 
Secretary to the same extent as is provided in section 405(b) of this 
title and to judicial review of the Secretary's final decision after 
such hearing as is provided in section 405(g) of this title, except 
that, in so applying such sections and in applying section 405(l) of 
this title thereto, any reference therein to the Commissioner of Social 
Security or the Social Security Administration shall be considered a 
reference to the Secretary or the Department of Health and Human 
Services, respectively. Any agreement between such facility and the 
State agency shall remain in effect until the period for filing a 
request for a hearing has expired or, if a request has been filed, until 
a decision has been made by the Secretary; except that the agreement 
shall not be extended if the Secretary makes a written determination, 
specifying the reasons therefor, that the continuation of provider 
status constitutes an immediate and serious threat to the health and 
safety of patients, and the Secretary certifies that the facility has 
been notified of its deficiencies and has failed to correct them.
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    \1\ So in original. Probably should be ``an''.
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(Aug. 14, 1935, ch. 531, title XIX, Sec. 1910, as added and amended Pub. 
L. 92-603, title II, Secs. 249A(a), 278(b)(12), Oct. 30, 1972, 86 Stat. 
1426, 1454; Pub. L. 95-210, Sec. 2(d), Dec. 13, 1977, 91 Stat. 1489; 
Pub. L. 96-499, title IX, Sec. 916(b)(2), Dec. 5, 1980, 94 Stat. 2624; 
Pub. L. 100-203, title IV, Sec. 4212(e)(3), Dec. 22, 1987, 101 Stat. 
1330-213; Pub. L. 100-360, title IV, Sec. 411(l)(6)(F), July 1, 1988, as 
added Pub. L. 100-485, title VI, Sec. 608(d)(27)(J), Oct. 13, 1988, 102 
Stat. 2423; Pub. L. 101-239, title VI, Sec. 6901(d)(5), Dec. 19, 1989, 
103 Stat. 2301; Pub. L. 103-296, title I, Sec. 108(d)(4), Aug. 15, 1994, 
108 Stat. 1486; Pub. L. 106-113, div. B, Sec. 1000(a)(6) [title VI, 
Sec. 608(n)], Nov. 29, 1999, 113 Stat. 1536, 1501A-397.)


                               Amendments

    1999--Pub. L. 106-113 struck out ``of'' after ``approval of'' in 
section catchline.
    1994--Subsec. (b)(2). Pub. L. 103-296 inserted before period at end 
of first sentence ``, except that, in so applying such sections and in 
applying section 405(l) of this title thereto, any reference therein to 
the Commissioner of Social Security or the Social Security 
Administration shall be considered a reference to the Secretary or the 
Department of Health and Human Services, respectively''.
    1989--Pub. L. 101-239, Sec. 6901(d)(5)(A), substituted ``rural 
health clinics and intermediate care facilities for the mentally 
retarded'' for ``rural health clinics'' in section catchline.
    Subsec. (b)(1). Pub. L. 101-239, Sec. 6901(d)(5)(B)-(D), substituted 
``any intermediate care facility for the mentally retarded'' for ``any 
skilled nursing or intermediate care facility'', ``section 1396a(a)(31) 
of this title or section 1396d(d) of this title'' for ``section 
1396a(a)(28) of this title or section 1396r of this title or section 
1396d(c) of this title'', and ``the intermediate care facility for the 
mentally retarded'' for ``the skilled nursing facility or intermediate 
care facility''.
    Subsec. (b)(2). Pub. L. 101-239, Sec. 6901(d)(5)(D), substituted 
``intermediate care facility for the mentally retarded'' for ``skilled 
nursing facility or intermediate care facility'' in two places.
    1988--Subsec. (b)(1). Pub. L. 100-360, Sec. 411(l)(6)(F), as added 
by Pub. L. 100-485, Sec. 608(d)(27)(J), inserted ``or section 1396r of 
this title'' after ``1396a(a)(28) of this title''.
    1987--Pub. L. 100-203 struck out ``skilled nursing facilities and'' 
before ``of rural'' in section catchline, redesignated subsecs. (b) and 
(c) as (a) and (b), respectively, and struck out former subsec. (a) 
which related to certification and approval of skilled nursing 
facilities.
    1980--Subsec. (c). Pub. L. 96-499 added subsec. (c).
    1977--Pub. L. 95-210 substituted ``facilities and of rural health 
clinics'' for ``facilities'' in section catchline, redesignated existing 
subsecs. (a) and (b) as (a)(1) and (2), respectively, and added subsec. 
(b).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of this 
title.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-239 effective as if included in the 
enactment of the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-
203, see section 6901(d)(6) of Pub. L. 101-239, set out as a note under 
section 1395i-3 of this title.


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-485 effective as if included in the 
enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 
100-360, see section 608(g)(1) of Pub. L. 100-485, set out as a note 
under section 704 of this title.
    Except as specifically provided in section 411 of Pub. L. 100-360, 
amendment by Pub. L. 100-360, as it relates to a provision in the 
Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, effective as 
if included in the enactment of that provision in Pub. L. 100-203, see 
section 411(a) of Pub. L. 100-360, set out as a Reference to OBRA; 
Effective Date note under section 106 of Title 1, General Provisions.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-203 applicable to nursing facility services 
furnished on or after Oct. 1, 1990, without regard to whether 
regulations implementing such amendment are promulgated by such date, 
except as otherwise specifically provided in section 1396r of this 
title, with transitional rule, see section 4214(a), (b)(2) of Pub. L. 
100-203, as amended, set out as an Effective Date note under section 
1396r of this title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-210 applicable to medical assistance 
provided, under a State plan approved under subchapter XIX of this 
chapter, on and after first day of first calendar quarter that begins 
more than six months after Dec. 13, 1977, with exception for plans 
requiring State legislation, see section 2(f) of Pub. L. 95-210, set out 
as a note under section 1395cc of this title.


                             Effective Date

    Section effective with respect to agreements filed with Secretary 
under section 1395cc of this title by skilled nursing facilities before, 
on, or after Oct. 30, 1972, but accepted by him on or after such date, 
see section 249A(e) of Pub. L. 92-603, set out as an Effective Date of 
1972 Amendment note under section 1395cc of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1396r-3 of this title.
