This resolve requires the Department of Health and Human Services, within 90 days of the effective date of this resolve, to apply to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services for a waiver of the prohibition, as described in 42 United States Code, Section 1396d(a)(xvii)(31)(B) and 42 Code of Federal Regulations, Section 435.1010, against the provision of Medicaid covered services to individuals who are inpatients in a hospital, nursing facility or other institution with more than 16 beds that is primarily engaged in providing diagnosis, treatment or care to persons with mental disease.