Sec. 105. CONTRACTS AND AGREEMENTS FOR NURSING HOME CARE
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## SEC. 105 CONTRACTS AND AGREEMENTS FOR NURSING HOME CARE ###
(a)Contracts Section 1745(a) is amended— ####
(1)in paragraph (1), by striking “The Secretary shall pay each State home for nursing home care at the rate determined under paragraph (2)” and inserting “The Secretary shall enter into a contract (or agreement under section 1720(c)(1) of this title) with each State home for payment by the Secretary for nursing home care provided in the home”; and ####
(2)by striking paragraph
(2)and inserting the following new paragraph (2): > > #### “(2) > > Payment under each contract (or agreement) between the Secretary and a State home under paragraph
(1)shall be based on a methodology, developed by the Secretary in consultation with the State home, to adequately reimburse the State home for the care provided by the State home under the contract (or agreement).” > . ###
(b)Agreements Section 1720(c)(1)(A) is amended— ####
(1)in clause (i), by striking “; and” and inserting a semicolon; ####
(2)in clause (ii), by striking the period at the end and inserting “; and”; and ####
(3)by adding at the end the following new clause: > > ###### “(iii) > > a provider of services eligible to enter into a contract pursuant to section 1745(a) of this title that is not otherwise described in clause
(i)or (ii).” > . ###
(c)Effective Date **[**[38 U.S.C. 1720 note](/us/usc/t38/s1720)**]** ####
(1)In general The amendments made by this section shall apply to care provided on or after the date that is 180 days after the date of the enactment of this Act. ####
(2)Maintenance of prior methodology of reimbursement for certain state homes In the case of a State home that provided nursing home care on the day before the date of the enactment of this Act for which the State home was eligible for pay under section of title 38, United States Code, at the request of any State home, the Secretary shall offer to enter into a contract (or agreement described in such section) with such State home under such section, as amended by subsection (a), for payment for nursing home care provided by such State home under such section that reflects the overall methodology of reimbursement for such care that was in effect for such State home on the day before the date of the enactment of this Act.
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Sec. 105
CONTRACTS AND AGREEMENTS FOR NURSING HOME CARE
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