Sec. 104. Modification of authority to enter into agreements with State homes to provide nursing home care
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/bill/115/hr/4242/rh/section-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 in 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 to which providers of services and suppliers are not subject 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 a State home that enters into an agreement under this section to the same extent as such title applies with respect to the State home in providing care or services through an agreement or arrangement other than under this section. . The amendments made by this section shall apply to agreements entered into under section 1745 of such title on and after the date on which the regulations prescribed by the Secretary of Veterans Affairs to implement such amendments take effect. The Secretary shall publish the date described in paragraph
(1)in the Federal Register not later than 30 days before such date.
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Sec. 104
Modification of authority to enter into agreements with State homes to provide nursing home care
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