Page:United States Statutes at Large Volume 100 Part 3.djvu/229

 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 2037

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) 42 USC 1395Z shall apply to samples collected on or after January 1, 1987. note. (d) STATE STANDARDS FOR DIRECTORS OF CLINICAL LABORATORIES.—

(1) IN GENERAL.—If a State (as defined for purposes of title XVIII of the Social Security Act) provides for the licensing or other standards with respect to the operation of clinical laboratories (including such laboratories in hospitals) in the State under which such a laboratory may be directed by an individual with certain qualifications, nothing in such title shall be construed as authorizing the Secretary of Health and Human Services to require such a laboratory, as a condition of payment or participation under such title, to be directed by an individual with other qualifications. (2) EFFECTIVE DATE.—Paragraph (1) shall take effect on January 1, 1987. (e) EXTENSION OF MORATORIUM ON LABORATORY PAYMENT DEM-

ONSTRATION.—Section 9204(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 is amended by striking "January 1, 1987" and inserting "January 1, 1988".

42 USC 1395Z note. 42 USC 1395.

42 USC 1395WW note. Ante, p. 177.

SEC. 9340. PAYMENT FOR PARENTERAL AND ENTERAL NUTRITION SUPPLIES AND EQUIPMENT.

The Secretary of Health and Human Services shall apply the sixth sentence of section 1842(b)(3) of the Social Security Act to 42 USC 1395u note. payment— (1) for enteral nutrition nutrients, supplies, and equipment and parenteral nutrition supplies and equipment furnished on or after January 1, 1987, and (2) for parenteral nutrition nutrients furnished on or after October 1, 1987. SEC. 9341. CHANGING MEDICARE APPEAL RIGHTS. (a) REVIEW OF PART B DETERMINATIONS.—(1) Section 1869 of

the

Social Security Act (42 U.S.C. 1395ff) is amended— (A) by inserting "or part B" in subsection (a) after "amount of benefits under part A", (B) by inserting "or part B" in subsection (b)(1)(C) after "part A", (C) by amending paragraph (2) of subsection (b) to read as follows: "(2) Notwithstanding paragraph (I)(C), in the case of a claim arising— "(A) under part A, a hearing shall not be available to an individual under paragraph (1)(C) if the amount in controversy is less than $100 and judicial review shall not be available to the individual under that paragraph if the amount in controversy is less than $1,000; or "(B) under part B, a hearing shall not be available to an individual under paragraph (1)(C) if the amount in controversy is less than $500 and judicial review shall not be available to the individual under that paragraph if the aggregate amount in controversy is less than $1,000. In determining the amount in controversy, the Secretary, under Regulations. regulations, shall allow two or more claims to be aggregated if the Claims. claims involve the delivery of similar or related services to the same individual or involve common issues of law and fact arising from services furnished to two or more individuals.", and

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