MISCELLANEOUS PROVISIONS.

SEC. 4755. MISCELLANEOUS PROVISIONS. (a) Psychiatric Hospitals.— (1) Clarification of coverage of inpatient psychiatric hospital services — (A) In general.—Section 1905(h)(1)(A) (42 U.S.C. 139M{h)(l)(A)), as amended by section 2340(b) of the Deficit Reduction Act of 1984, is amended by inserting “or in another inpatient setting that the Secretary has specified in regulations” after “1861(f)”. (B) Effective date.—The amendment made by subparagraph (A) shall be effective as if included in the enactment of the Deficit Reduction Act of 1984. (2) Intermediate sanctions for psychiatric hospitals.— Section 1902 (42 U.S.C. 1396a) as amended by this title is further amended by adding at the end the following new subsection: “(y) (1) In addition to any other authority under State law, where a State determines that a psychiatric hospital which is certified for participation under its plan no longer meets the requirements for a psychiatric hospital (referred to in section 1905(h)) and further finds that the hospital’s deficiencies— “(A) immediately jeopardize the health and safety of its patients, the State shall terminate the hospital’s participation under the State plan; or “(B) do not immediately jeopardize the health and safety of its patients, the State may terminate the hospital’s participation under the State plan, or provide that no payment will be made under the State plan with respect to any individual admitted to such hospital after the effective date of the finding, or both. “(2) Except as provided in paragraph (3), if a psychiatric hospital described in paragraph (1)(B) has not complied with the requirements for a psychiatric hospital under this title— “(A) within 3 months after the date the hospital is found to be out of compliance with such requirements, the State shall provide that no payment will be made under the State plan with respect to any individual admitted to such hospital after the end of such 3-month period, or “(B) within 6 months after the date the hospital is found to be out of compliance with such requirements, no Federal financial participation shall be provided under section 1903(a) with respect to further services provided in the hospital until the State finds that the hospital is in compliance with the requirements of this title. “(3) The Secretary may continue payments, over a period of not longer than 6 months from the date the hospital is found to be out of compliance with such requirements, if— “(A) the State finds that it is more appropriate to take alternative action to assure compliance of the hospital with the requirements than to terminate the certification of the hospital, “(B) the State has submitted a plan and timetable for corrective action to the Secretary for approval and the Secretary approves the plan of corrective action, and “(C) the State agrees to repay to the Federal Government payments received under this paragraph if the corrective action 104 STAT. 1388–210 is not taken in accordance with the approved plan and time-table,”. (b) State Utilization Review Systems.—Section 9432 of the Omnibus Budget Reconciliation Act of 1986 is amended— (1) in subsection (a)— (A) by inserting “(1)” after “In General.—”, (B) by striking “, during the period” and all that follows through “Congress,”, and (C) by adding at the end the following new paragraph: “(2) The Secretary may not, during the period beginning on the date of the enactment of the Omnibus Budget Reconciliation Act of 1990 and ending on the date that is 180 days after the date on which the report required by subsection (d) is submitted to the Congress, publish final or interim final regulations requiring a State plan approved under title XIX of the Social Security Act to include a program for ambulatory surgery, preadmission testing, or same-day surgery,”; (2) in subsection (b)(4), by inserting “and subsection (d)” after “In this subsection”; and (3) by adding at the end the following new subsection: “(d) Report.—The Secretary shall report to Congress, by not later than January 1, 1993, for each State in a representative sample of States— “(1) an analysis of the procedures for which programs for ambulatory surgery, preadmission testing, and same-day surgery are appropriate for patients who are covered under the State medicaid plan, and “(2) the effects of such programs on access of such patients to necessary care, quality of care, and costs of care. In selecting such a sample of States, the Secretary shall include some States with medicaid plans that include such programs.”. (c) Additional Miscellaneous Provisions.— (1) Effective July 1, 1990— (A) section 1902(a)(10)(C)(iv) of the Social Security Act is amended by striking “through (20)” and inserting “through (21)”, and (B) section 1902(j) of such Act is amended by striking “through (21)” and inserting “through (22)”. (2) Effective as if included in subtitle D of title VI of the Omnibus Budget Reconciliation Act of 1989, section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended by adding at the end the following: “This paragraph does not authorize the withholding of information from either House of Congress or from, to the extent of matter within its jurisdiction, any committee or subcommittee of such committee or any joint committee of Congress or any subcommittee of such joint committee.”. (3) Section 505(b) (42 U.S.C. 705(b)) is amended in the matter preceding paragraph (1) by striking “requirement” and inserting “requirements”.