Page:United States Statutes at Large Volume 101 Part 2.djvu/876

 101 STAT. 1330-82

PUBLIC LAW 100-203—DEC. 22, 1987

(2) Section 1861(b)(6) of such Act (42 U.S.C. 1395x(b)(6)) is amended by striking "Council on Podiatry Education of the American Podiatry Association" and inserting "Council on Podiatric Medical Education of the American Podiatric Medical Association". (c) RECOVERY OF PAYMENTS FOR CERTAIN PACEMAKER DEVICES.—

Effective date. 42 USC 1395y note. 42 USC 1395WW note.

42 USC 1395x note.

(1) Section 1862(h) of such Act (42 U.S.C. 1395y(h)) is ^ amended— (A) in paragraph dXB), by striking "law," and inserting "law (and any amount paid to a provider under any such warranty),"; d ^k:ii (B) in paragraph (1)(D), by striking "(3)," and inserting "(3), in determining the amount subject to repayment under paragraph (2)(C),"; (C) in paragraph (2)— (i) by striking "and" at the end of subparagraph (A), > (ii) by striking the period at the end of subparagraph > (B) and inserting ", and", and (iii) by adding at the end the following new subparagraph: •'v--- "(C) to make repayment to the Secretary of amounts paid under this title to the provider with respect to any cardiac pacemaker device or lead which has been replaced by the manufacturer, or for which the manufacturer has made payment to the provider, under an express or implied warranty.'; and (D) in paragraph (4)(B)— (i) by striking "or has" and inserting ", has", and » ' --: (ii) by striking "(2)(B)," and inserting "(2)(B), or has failed to make repayment to the Secretary as required under paragraph (2)(C),". (2) The amendments made by paragraph (1) shall become effective on January 1, 1988. (d) EXTEND AND CLARIFY PROHIBITION ON COST SAVINGS POUCIES BEFORE BEGINNING OF FISCAL YEAR.—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 the date of the enactment of this Act and before October 15, 1988, 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 1989 of more than $50,000,000. (e) MORATORIUM ON PRIOR AUTHORIZATION FOR HOME HEALTH AND POST-HOSPITAL EXTENDED CARE SERVICES.—The Secretary of Health

and Human Services shall not implement any voluntary or mandatory program of prior authorization for home health services, extended care services, or post-hospital extended care services under part A or B of title XVIII of the Social Security Act at any time prior to six months after the date on which the Congress receives the report required under section 9305(k)(4) of the Omnibus Budget Reconciliation Act of 1986. Federal Register, publication. 42 USC 1395x note.

(f) DELAY IN PUBUSHING REGULATIONS WITH RESPECT TO DEEMING THE STATUS OF ENTITIES.—The Secretary of Health and Human

Services (in this subsection referred to as the "Secretary") shall not deem any entity to be a provider of services (as defined in section 1861(u) of the Social Security Act) for purposes of title XVIII of such Act—

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