Pub. L. 105-33, tit. IV, subtit. G, ch. 1, subch. B, sec. 4612
CLARIFICATION OF PART-TIME OR INTERMITTENT NURSING CARE.
SEC. 4612. CLARIFICATION OF PART-TIME OR INTERMITTENT NURSING CARE. (a) In General.—Section 1861(m) (42 U.S.C. 1395x(m)) is amended by adding at the end the following: “For purposes of paragraphs (1) and (4), the term ‘part-time or intermittent services’ means skilled nursing and home health aide services furnished any number of days per week as long as they are furnished (combined) less than 8 hours each day and 28 or fewer hours each week (or, subject to review on a case-by-case basis as to the need for care, less than 8 hours each day and 35 or fewer hours per week). For purposes of sections 1814(a)(2)(C) and 1835(a)(2)(A), ‘intermittent’ means skilled nursing care that is either provided or needed on fewer than 7 days each week, or less than 8 hours of each day for periods of 21 days or less (with extensions in exceptional circumstances when the need for additional care is finite and predictable).”. (b) Effective Date.—The amendment made by subsection (a) applies to services furnished on or after October 1, 1997.