Pub. L. 91-152, tit. I, sec. 111

expansion of the fha nursing home program to include intermediate care facilities

EnactedYear: 1969Length: 635 wordsOfficial source
expansion of the fha nursing home program to include intermediate care facilities Sec. 111. Section 232 of the National Housing Act is amended— (1) by striking out subsection (a) and inserting in lieu thereof the following: “(a) The purpose of this section is to assist in the provision of facilities for either of the following purposes or for a combination of such purposes: “(1) The development of nursing homes for the care and treatment of convalescents and other persons who are not acutely ill and do not need hospital care but who require skilled nursing care and related medical services. “(2) The development of intermediate care facilities for the care of persons who, while not in need of nursing home care and treatment, nevertheless are unable to live fully independently and who are in need of minimum but continuous care provided by licensed or trained personnel.”; (2) by striking out “and” at the end of paragraph (1) of subsection (b); (3) by redesignating paragraph (2) of subsection (b) as paragraph (3) and inserting after paragraph (1) of such subsection the following new paragraph: “(2) the term ‘intermediate care facility’ means a proprietary facility or facility of a private nonprofit corporation or association licensed or regulated by the State (or, if there is no State law providing for such licensing and regulation by the State, by the municipality or other political subdivision in which the facility is located) for the accommodation of persons who, because of incapacitating infirmities, require minimum but continuous care but are not in need of continuous medical or nursing services; and”; (4) by striking out “a new or rehabilitated nursing home” in the introductory text of subsection (d) and inserting in lieu thereof “a new or rehabilitated nursing home or intermediate care facility or combined nursing home and intermediate care facility”; (5) by striking out “operation of the nursing home” in subsection (d)(2) and inserting in lieu thereof “operation of the home or facility or combined home and facility”; (6) by striking out paragraph (4) of subsection (d) and inserting in lieu thereof the following: “(4) The Secretary shall not insure any mortgage under this section unless he has received, from the State agency designated in accordance with section 604(a)(1) of the Public Health Service Act for the State in which is located the nursing home or intermediate care facility or combined nursing home and intermediate care facility covered by the mortgage, a certification that (A) there is a need for such home or facility or combined home and facility, and (B) there are in force in such State or in the municipality or other political subdivision of the State in which 83 Stat. 383 the proposed home or facility or combined home and facility is to be located reasonable minimum standards of licensure and methods of operation governing it. No such mortgage shall be insured under this section unless the Secretary has received such assurance as he may deem satisfactory from the State agency that such standards will be applied and enforced with respect to any home or facility or combined home and facility located in the State for which mortgage insurance is provided under this section.”; and (7) by adding at the end thereof the following new subsections: “(g) The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section relating to intermediate care facilities, after consulting with the Secretary of Health, Education, and Welfare with respect to any health or medical aspects of the program which may be involved in such regulations. “(h) The Secretary shall also consult with the Secretary of Health, Education, and Welfare as to the need for and the availability of intermediate care facilities in any area for which an intermediate care facility is proposed under this section.”