Page:United States Statutes at Large Volume 100 Part 3.djvu/210

 100 STAT. 2018

PUBLIC LAW 99-509—OCT. 21, 1986

- "• "(C) subsection (b) of section 553 of title 5, United States Code, ^ does not apply pursuant to subparagraph (B) of such subsection.". (2) CONFORMING AMENDMENTS.—(A) Section 1886(e)(3)(A) of

such Act (42 U.S.C. 1395ww(e)(3)(A)), as amended by section 9302(e)(3)(B), is amended by striking "April" and inserting "March". (B) Section 1886(e)(5)(A) of such Act is amended by striking "June"and inserting "May". (3) EFFECTIVE DATES.— 42 USC 1395hh note. 42 USC 1395WW note. j f c j Vi.

(A) The amendments made by paragraph (1) shall apply to notices of proposed rulemaking issued after the date of the enactment of this Act. (B) The amendments made by paragraph (2) shall take effect beginning with fiscal year 1989.

PART 3—PROVISIONS RELATING TO MEDICARE PARTE SEC. 9331. PAYMENT FOR PHYSICIANS' SERVICES. (a) DETERMINATION OF MAXIMUM CHARGES FOR PHYSICIANS' SERVICES.—

ALLOWABLE

PREVAILING

(1) IN GENERAL.—Section 1842(b)(4)(A) of the Social Security Act (42 U.S.C. 1395u(b)(4)(A)) is amended by striking clause (iii) and inserting the following: "(iii) In determining the maximum allowable prevailing charges which may be recognized consistent with the index described in the fourth sentence of paragraph (3) for physicians' services furnished on or after January 1, 1987, by participating physicians, the Secretary shall treat the maximum allowable prevailing charges recognized as of December 31, 1986, under such sentence with respect to participating physicians as having been justified by economic changes. "(iv) In determining the prevailing charge level under the third and fourth sentences of paragraph (3) for a physicians' service furnished on or after January 1, 1987, by a nonparticipating physician, the Secretary shall set the level at 96 percent of the prevailing charge levels established under such sentences with respect to such service furnished by participating physicians. "(v) Beginning with 1987, the percentage increase in the MEI (as defined in subparagraph (E)(ii)) for each year shall be the same for nonparticipating physicians as for participating physicians.". (2) CONFORMING AMENDMENT.—Section 1842(b)(4)(C) of such Act is amended— (A) by striking "(i)" after "(C)", and (B) by striking clause (ii). (3) DEFINITIONS.—Section 1842(b)(4) of such Act is further amended by adding at the end the following new subparagraph: "(E) In this section: "(i) The term 'participating physician' refers, with respect to the furnishing of services, to a physician who at the time of '• furnishing the services is a participating physician (under •' subsection (h)(D), and the term 'nonparticipating physician' "' refers, with respect to the furnishing of services, a physician who at the time of furnishing the services is not a participating physician.

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