
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1396l]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
    SUBCHAPTER XIX--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
 
Sec. 1396l. Hospital providers of nursing facility services

    (a) Notwithstanding any other provision of this subchapter, payment 
may be made, in accordance with this section, under a State plan 
approved under this subchapter for nursing facility services furnished 
by a hospital which has in effect an agreement under section 1395tt of 
this title and which, with respect to the provision of such services, 
meets the requirements of subsections (b) through (d) of section 1396r 
of this title.
    (b)(1) Except as provided in paragraph (3), payment to any such 
hospital, for any nursing facility services furnished pursuant to 
subsection (a) of this section, shall be at a rate equal to the average 
rate per patient-day paid for routine services during the previous 
calendar year under the State plan to nursing facilities, 
respectively,\1\ located in the State in which the hospital is located. 
The reasonable cost of ancillary services shall be determined in the 
same manner as the reasonable cost of ancillary services provided for 
inpatient hospital services.
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    \1\ So in original, ``, respectively,'' probably should not appear.
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    (2) With respect to any period for which a hospital has an agreement 
under section 1395tt of this title, in order to allocate routine costs 
between hospital and long-term care services, the total reimbursement 
for routine services due from all classes of long-term care patients 
(including subchapter XVIII of this chapter, this subchapter, and 
private pay patients) shall be subtracted from the hospital total 
routine costs before calculations are made to determine reimbursement 
for routine hospital services under the State plan.
    (3) Payment to all such hospitals, for any nursing facility services 
furnished pursuant to subsection (a) of this section, may be made at a 
payment rate established by the State in accordance with the 
requirements of section 1396a(a)(13)(A) of this title.

(Aug. 14, 1935, ch. 531, title XIX, Sec. 1913, as added Pub. L. 96-499, 
title IX, Sec. 904(b), Dec. 5, 1980, 94 Stat. 2617; amended Pub. L. 98-
369, div. B, title III, Sec. 2369(a), July 18, 1984, 98 Stat. 1110; Pub. 
L. 100-203, title IV, Sec. 4211(h)(9), Dec. 22, 1987, 101 Stat. 1330-
206.)


                               Amendments

    1987--Pub. L. 100-203, Sec. 4211(h)(9)(A), substituted ``nursing 
facility services'' for ``skilled nursing and intermediate care 
services'' in section catchline.
    Subsec. (a). Pub. L. 100-203, Sec. 4211(h)(9)(B), substituted 
``nursing facility services'' for ``skilled nursing facility services 
and intermediate care facility services'' and inserted ``and which, with 
respect to the provision of such services, meets the requirements of 
subsections (b) through (d) of section 1396r of this title'' before 
period at end.
    Subsec. (b)(1). Pub. L. 100-203, Sec. 4211(h)(9)(C), substituted 
``nursing facility services'' for ``skilled nursing or intermediate care 
facility services'' and ``nursing facilities'' for ``skilled nursing and 
intermediate care facilities''.
    Subsec. (b)(3). Pub. L. 100-203, Sec. 4211(h)(9)(D), substituted 
``nursing facility services'' for ``skilled nursing or intermediate care 
facility services''.
    1984--Subsec. (b)(1). Pub. L. 98-369, Sec. 2369(a)(1), substituted 
``Except as provided in paragraph (3), payment'' for ``Payment''.
    Subsec. (b)(3). Pub. L. 98-369, Sec. 2369(a)(2), added par. (3).


                    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 1984 Amendment

    Section 2369(b) of Pub. L. 98-369 provided that: ``The amendments 
made by this section [amending this section] shall apply to payments for 
services furnished after the date of the enactment of this Act [July 18, 
1984].''


                             Effective Date

    Section effective on date on which final regulations to implement 
the section are first issued, see section 904(d) of Pub. L. 96-499, set 
out as an Effective Date note under section 1395tt of this title.
