Sec. 4. Modification of authority to enter into agreements to provide nursing home care
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Paragraph
(1)of section 1745(a) of title 38, United States Code, is amended, in the matter preceding subparagraph (A), by striking a contract (or agreement under section 1720(c)(1) of this title) and inserting an agreement . Paragraph
(2)of such section is amended by striking contract (or agreement) each place it appears and inserting agreement . Such section is amended by adding at the end the following new paragraph: An agreement under this section may be entered into without regard to any law that would require the Secretary to use competitive procedures in selecting the party with which to enter into the agreement. Except as provided in clause
(ii)and unless otherwise provided in this section or regulations prescribed pursuant to this section, a State home that enters into an agreement under this section is not subject to, in the carrying out of the agreement, any law that a provider described in subparagraph
(D)is not subject to under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.) or the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq.). The exclusion under clause
(i)does not apply to laws regarding integrity, ethics, fraud, or that subject a person to civil or criminal penalties. Title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.) shall apply with respect to any State home that enters into an agreement under this section. A provider described in this subparagraph is one of the following: A provider of services that has enrolled and entered into a provider agreement under section 1866(a) of the Social Security Act ( 42 U.S.C. 1395cc(a) ). A physician or supplier that has enrolled and entered into a participation agreement under section 1842(h) of such Act ( 42 U.S.C. 1395u(h) ). A provider of items and services receiving payment under a State plan under title XIX of such Act ( 42 U.S.C. 1396 et seq.) or a waiver of such a plan. . The amendments made by this section shall apply to agreements entered into under section 1745 of such title on and after the date that is 30 days after the date of the enactment of this Act.
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Sec. 4
Modification of authority to enter into agreements to provide nursing home care
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