Page:United States Statutes at Large Volume 100 Part 3.djvu/209

 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 2017

(1) PROHIBITION OF ISSUANCE OF FINAL REGULATIONS ON CAPITAL-RELATED COSTS AS PART OF PAYMENT FOR OPERATING COSTS

BEFORE SEPTEMBER 1, 1987.—Notwithstanding any other provision of law (except as provided in paragraph (3)), the Secretary of Health and Human Services may not issue, in final form, after September 1, 1986, and before September 1, 1987, any regulation that changes the methodology for computing the amount of payment for capital-related costs (as defined in paragraph (4)) for inpatient hospital services under part A of title XVIII of the Social Security Act. Any regulation published in violation of the previous sentence before the date of the enactment of this Act is void and of no effect.

42 USC 1395c.

(2) NOT INCLUDING CAPITAL-RELATED REGULATIONS IN BUDGET

BASELINE.—Any reference in law to a regulation issued in final ..,, form or proposed by the Health Care Financing Administration ' pursuant to sections 1886(b)(3)(B), 1886(d)(3)(A), and 1886(e)(4) of the Social Security Act shall not include any regulation issued 42 USC 1395ww or proposed with respect to capital-related costs (as defined in paragraph (4)). (3) EXCEPTION.—Paragraph (1) shall not apply to any regulation issued for the sole purpose of implementing section 1886(g)(3)(A) and (B) of the Social Security Act (as amended by section 9303(a) of this Act). (4) CAPITAL-RELATED COSTS DEFINED.—In this subsection, the term "capital-related costs" means those capital-related costs that are specifically excluded, under the second sentence of "operating costs of inpatient hospital services" (as defined in that section) for cost reporting periods beginning prior to October 1, 1987. (d) LIMITATION ON AUTHORITY TO ISSUE CERTAIN FINAL REGULA- 42 USC I395ww TiONS AND INSTRUCTIONS RELATING TO HOSPITALS OR PHYSICIANS.— note. Notwithstanding any other provision of law, except as required to implement specific provisions required under statute and except as provided under subsection (c) with respect to a regulation described in that subsection, the Secretary of Health and Human Services is not authorized to issue in final form after the date of the enactment of this Act and before September 1, 1987, any regulation, instruction, or other policy which is estimated by the Secretary to result in a net reduction in expenditures under title XVIII of the Social Security Act in fiscal year 1988 of more than $50,000,000, and which 42 USC 1395. relates to hospitals or physicians. (e) 60-DAY NOTICE FOR PROPOSED REGULATIONS.— (1) IN GENERAL.—Section 1871 of the Social Security Act (42 U.S.C. 1395hh) is amended by inserting "(a)" after "1871." and by adding at the end the following new subsection: "(b)(1) Except as provided in paragraph (2), before issuing in final Federal form any regulation under subsection (a), the Secretary shall pro- Register, vide for notice of the proposed regulation in the Federal Register publication, and a period of not less than 60 days for public comment thereon. "(2) Paragraph (1) shall not apply where— "(A) a statute specifically permits a regulation to be issued in interim final form or otherwise with a shorter period for public comment, "(B) a statute establishes a specific deadline for the implementation of a provision and the deadline is less than 150 days after the date of the enactment of the statute in which the deadline is contained, or

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