Page:United States Statutes at Large Volume 101 Part 2.djvu/872

 101 STAT. 1330-78

PUBLIC LAW 100-203—DEC. 22, 1987

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Effective date. 42 USC 1395h note.

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(1) Section 1816(c)(l) of the Social Security Act (42 U.S.C. 1395h(c)(l)) is amended by adding at the end the following sentence: "The Secretary shall cause to have published in the Federal Register, by not later than September 1 before each fiscal year, data, standards, and methodology to be used to establish budgets for fiscal intermediaries under this section for that fiscal year, and shall cause to be published in the Federal Register for public comment, at least 90 days before such data, standards, and methodology are published, the data, standards, and methodology proposed to be used.". (2) Section 1842(c)(l) of such Act (42 U.S.C. 1395u(c)(l)) is amended by adding at the end the following sentence: "The Secretary shall cause to have published in the Federal Register, •i by not later than September 1 before each fiscal year, data, standards, and methodology to be used to establish budgets for carriers under this section for that fiscal year, and shall cause to be published in the Federal Register for public comment, at least 90 days before such data, standards, and methodology are published, the data, standards, and methodology proposed to be used.". (3) The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to budgets for fiscal years beginning with fiscalyear 1989. (b) PUBLICATiON AS REGULATIONS OF SIGNIFICANT PouciES.—Section 1871(a) of such Act (42 U.S.C. 1395hh(a)) is amended— (1) by inserting "(1)" after "(a)"; and (2) by adding at the end the following new paragraph: "(2) No rule, requirement, or other statement of policy (other than a national coverage determination) that establishes or changes a substantive legal standard governing the scope of benefits, the payment for services, or the eligibility of individuals, entities, or organizations to furnish or receive services or benefits under this title shall take effect unless it is promulgated by the Secretary by regulation under paragraph (1).". (c) MISCELLANEOUS PUBLICATION AND INFORMATION ACCESS PROVI-

Effective date.

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SIONS.—Section 1871 of such Act (42 U.S.C. 1395hh) is amended by adding at the end the following new subsection: "(c)(1) The Secretary shall publish in the Federal Register, not less frequently than every 3 months, a list of all manual instructions, interpretative rules, statements of policy, and guidelines of general applicability which— "(A) are promulgated to carry out this title, but "(B) are not published pursuant to subsection (a)(1) and have not been previously published in a list under this subsection. "(2) Effective June 1, 1988, each fiscal intermediary and carrier administering claims for extended care, post-hospital extended care, home health care, and durable medical equipment benefits under this title shall make available to the public all interpretative materials, guidelines, and clarifications of policies which relate to payments for such benefits. "(3) The Secretary shall to the extent feasible make such changes in automated data collection and retrieval by the Secretary and fiscal intermediaries with agreements under section 1816 as are necessary to make easily accessible for the Secretary and other appropriate parties a data base which fairly and accurately reflects the provision of extended care, post-hospital extended care and home health care benefits pursuant to this title, including such

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