Page:United States Statutes at Large Volume 101 Part 1.djvu/813

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 783

section shall be applied as though the applicable percentage were 75 percent. (E)

TEMPORARY FREEZE IN PAYMENTS RATES FOR PPS-

EXEMPT HOSPITALS.—For purposes of payment under subsection (b) of such section for cost reporting periods beginning during fiscal year 1988, with respect to the first 51 days of such a period the applicable percentage increase under paragraph (3)(B) of such subsection is deemed to be 0 percent. (2) CONTINUATION OF CAPITAL POLICY.—Section 9321(c) of the

42 USC 1395WW Omnibus Budget Reconciliation Act of 1986 is amended— (A) by striking "SEPTEMBER i" in the heading of para- note. graph (1) and inserting "NOVEMBER 21", (B) in paragraph (1), by striking "September 1, 1987" and inserting "November 21, 1987", (C) in the second sentence of paragraph (1), by striking "before the date of the enactment of this Act", and (D) in paragraph (4), by striking "second sentence" and all that follows through "operating costs" and inserting 'm '* "second sentence of section 1886(a)(4) of the Social Security Act, from the term 'operating costs", (b) FREEZING CERTAIN CHANGES IN MEDICARE PAYMENT REGULATIONS AND POLICIES.—

(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of Health and Human Services is not authorized to issue after September 18, 1987, and before November 21, I; 1987 (A) any final regulation that changes the policy with ,;• respect to payment under title XVIII of the Social Security Act to providers of service for reasonable costs relating to unrecovered costs associated with unpaid deductible and coinsurance amounts incurred under such title; (B) any final regulation, instruction, or other policy >iam change which is primarily intended to have the effect of slowing down claims processing, or delaying payment of claims, under such title; or (C) any final regulation that changes the policy under such title with respect to payment for a return on equity capital for outpatient hospital services. ^ The final regulation of the Health Care Financing Administration published on September 1, 1987 (52 Federal Register 32920) and relating to changes to the return on equity capital provisions for outpatient hospital services is void and of no effect. (2) OTHER COST SAVINGS POLICIES.—Notwithstanding any other provision of law, except as required to implement specific provisions required under statute, the Secretary of Health and Human Services is not authorized to issue in final form, after September 18, 1987, and before November 21, 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 T than $50,000,000. Any regulation, instruction, or policy which is issued in violation of this paragraph is void and of no effect. (3) EXCEPTION.—Paragraphs (1) and (2) shall not be construed to apply to any regulation, instruction, or policy required to implement the amendment made by section 9311(a) of the

42 USC 1395WW note.

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