P.L. 101–239, Approved December 19, 1989 (103 Stat. 2106)

SEC. 6011. PASS THROUGH PAYMENT FOR HEMOPHILIA INPATIENTS.

(b) [42 U.S.C. 1395ww note]  Determining Payment Amount.—The Secretary of Health and Human Services shall determine the amount of payment made to hospitals under part A of title XVIII of the Social Security Act for the costs of administering blood clotting factors to individuals with hemophilia by multiplying a predetermined price per unit of blood clotting factor (determined in consultation with the Prospective Payment Assessment Commission) by the number of units provided to the individual.

SEC. 6025. [42 U.S.C. 1395x note]  PERMITTING DENTIST TO SERVE AS HOSPITAL MEDICAL DIRECTOR.

Notwithstanding the requirement that the responsibility for organization and conduct of the medical staff of an institution be assigned only to a doctor of medicine or osteopathy in order for the institution to participate as a hospital under the medicare program, an institution that has a doctor of dental surgery or of dental medicine serving as its medical director shall be considered to meet such requirement if the laws of the State in which the institution is located permit a doctor of dental surgery or of dental medicine to serve as the medical staff director of a hospital.

SEC. 6112.  DURABLE MEDICAL EQUIPMENT.

(b) [42 U.S.C. 1395m note]  Rental Payments for Enteral and Parenteral Pumps.—

(1)  In general.—Except as provided in paragraph (2), the amount of any monthly rental payment under part B of title XVIII of the Social Security Act for an enteral or parenteral pump furnished on or after April 1, 1990, shall be determined in accordance with the methodology under which monthly rental payments for such pumps were determined during 1989.

(2)  Cap on Rental Payments, Servicing, and Repairs.—In the case of an enteral or parenteral pump described in paragraph (1) that is furnished on a rental basis during a period of medical need—

(A)  monthly rental payments shall not be made under part B of title XVIII of the Social Security Act for more than 15 months during such period, and

(B)  after monthly rental payments have been made for 15 months during such period, payment under such part shall be made for maintenance and servicing of the pump in such amounts as the Secretary of Health and Human Services determines to be reasonable and necessary to ensure the proper operation of the pump.

SEC. 6113.  MENTAL HEALTH SERVICES.

(c) [42 U.S.C. 1395l note]  Development of Criteria Regarding Consultation with a Physician.—The Secretary of Health and Human Services shall, taking into consideration concerns for patient confidentiality, develop criteria with respect to payment for qualified psychologist services and clinical social worker services for which payment may be made directly to the psychologist or clinical social worker under part B of title XVIII of the Social Security Act under which such a psychologist or clinical social worker must agree to consult with a patient’s attending physician in accordance with such criteria.

SEC. 6205.  COSTS OF NURSING AND ALLIED HEALTH EDUCATION.

(a)  Recognition of Costs of Certain Hospital-Based Nursing Schools.—

(1)  In general.—

(A) [42 U.S.C. 1395x note]  The reasonable costs incurred by a hospital in training students of a hospital-based nursing school shall be allowable as reasonable costs under title XVIII of the Social Security Act and reimbursed under such title on the same basis as if they were allowable direct costs of a hospital-operated educational program (other than an approved graduate medical education program) if, before June 15, 1989, and thereafter, the hospital demonstrates that for each year, it incurs at least 50 percent of the costs of training nursing students at such school, the nursing school and the hospital share some common board members, and all instruction is provided at the hospital or, if in another building, a building on the immediate grounds of the hospital.

SEC. 6904.  MEDICARE AND MEDICAID TECHNICAL CORRECTIONS RELATING TO NURSING HOME REFORM.

(b) [42 U.S.C. 1395i-3 note]  Nurse Aide Training.—

(4)  Delay and transition in 75-hour training program requirement.—

(B)  A nurse aide shall be considered to satisfy the requirement of sections 1819(b)(5)(A) and 1919(b)(5)(A) of the Social Security Act (of having completed a training and competency evaluation program approved by a State under section 1819(e)(1)(A) or 1919(e)(1)(A) of such Act), if such aide would have satisfied such requirement as of July 1, 1989, if a number of hours (not less than 60 hours) were substituted for “75 hours” in sections 1819(f)(2) and 1919(f)(2) of such Act, respectively, and if such aide had received, before July 1, 1989, at least the difference in the number of such hours in supervised practical nurse aide training or in regular in-service nurse aide education.

(C)  A nurse aide shall be considered to satisfy the requirement of sections 1819(b)(5)(A) and 1919(b)(5)(A) of the Social Security Act (of having completed a training and competency evaluation program approved by a State under section 1819(e)(1)(A) or 1919(e)(1)(A) of such Act), if such aide was found competent (whether or not by the State), before July 1, 1989, after the completion of a course of nurse aide training of at least 100 hours duration.

(D)  With respect to the nurse aide competency evaluation requirements described in sections 1819(b)(5)(A) and 1919(b)(5)(A) of the Social Security Act, a State may waive such requirements with respect to an individual who can demonstrate to the satisfaction of the State that such individual has served as a nurse aide at one or more facilities of the same employer in the State for at least 24 consecutive months before the date of the enactment of this Act.

SEC. 10405. [None Assigned]  AGENT ORANGE SETTLEMENT PAYMENTS EXCLUDED FROM COUNTABLE INCOME AND RESOURCES UNDER FEDERAL MEANS-TESTED PROGRAMS.

(a)  In General.—

(1)  Treatment of payments.—The payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.), shall not be considered income or resources in determining eligibility for the amount of benefits under any Federal or federally assisted program described in paragraph (2).

(2)  Programs involved.—The program benefits described in this paragraph are—

(A)  benefits under the supplemental security income program under title XVI of the Social Security Act;

(B)  aid to families with dependent children under a State plan approved under section 402(a) of the Social Security Act;

(C)  medical assistance under a State plan approved under section 1902(a) of the Social Security Act;

(D)  benefits under title XX of the Social Security Act;

(E)  benefits under the supplemental nutrition assistance program (as defined in section 3(h) of the Food and Nutrition Act of 2008);

(F)  benefits under the special supplemental food program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966;

(G)  benefits under section 336 of the Older Americans Act;

(H)  benefits under the National School Lunch Act;

(I)  benefits under any housing assistance program for lower income families or elderly or handicapped persons which is administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture;

(J)  benefits under the Low-Income Home Energy Assistance Act of 1981;

(K)  benefits under part A of the Energy Conservation in Existing Buildings Act of 1976;

(L)  benefits under any educational assistance grant or loan program which is administered by the Secretary of Education; and

(M)  benefits under a State plan approved under title I, X, XIV, or XVI of the Social Security Act.

(b)  Effective Date.—Subsection (a) shall take effect on January 1, 1989.