Page:United States Statutes at Large Volume 101 Part 2.djvu/886

 101 STAT. 1330-92 ' '' ^,,,, -,,,, m.<......^ ,

PUBLIC LAW 100-203—DEC. 22, 1987 recognized for nonparticipating physicians and suppliers is equal to the appropriate percent (as defined in section 1842(b)(4)(A)(iv)) of the payment rate recognized for participating physicians and suppliers. "(5)

LIMITING CHARGES OF NONPARTICIPATING PHYSICIANS.—



"(A) IN GENERAL.—In the case of radiologist services furnished after January 1, 1989, for which payment is made under a fee schedule under this subsection, if a nonparticipating physician or supplier furnishes the service to an individual entitled to benefits under this part, the physician or supplier may not charge the individual more ,_. than the limiting charge (as defined in subparagraph (B)). .-, wg^ LIMITING CHARGE DEFINED.—In subparagraph (A), the term 'limiting charge' means, with respect to a service furnished— "(i) in 1989, 125 percent of the amount specified for the service in the appropriate fee schedule established under paragraph (1), ^ "(ii) in 1990, 120 percent of the amount specified for *' the service in the appropriate fee schedule established J under paragraph (1), and ^ •" " "(iii) after 1990, 115 percent of the amount specified for the service in the appropriate fee schedule estabI ' ""'•'' lished under paragraph (1). "-"'' "(C) ENFORCEMENT.—If a physician or supplier knowingly and willfully imposes a charge in violation of subparagraph (A), the Secretary may apply sanctions against such physician or supplier in accordance with section 1842(j)(2). "(6) ^2 RADIOLOGIST SERVICES DEFINED.—For the

purposes of

this subsection, section 1833(a)(l)(I), and section 1842(h)(l)(B), the term 'radiologist services' only includes radiologic services performed by, or under the direction or supervision of, a physician— "(A) who is certified, or eligible to be certified, by the American Board of Radiology, or "(B) for whom radiologic services account for at least 50 percent of billings made under this part.". Reports.

note^^ ^^^^^

42 USC 1395/

(b) DEADLINES AND EFFECTIVE D A T E. —

^^^ '^^® Secretary of Health and Human Services shall establish the relative value scale and fee schedules for radiologist services (under section 1834(b) of the Social Security Act) by not later than August 1, 1988, and shall report to Congress on the development of such fee schedules not later than August 1, 1988. (2) The amendments made by this section shall apply to services performed on or after January 1, 1989, and until such time as the Secretary of Health and Human Services implements physician fee schedules based on the relative value scale developed under section 1845(e) of the Social Security Act. SEC. 4050. FEE SCHEDULES FOR PHYSICIAN PATHOLOGY SERVICES.

(a) IN GENERAL.—The Secretary of Health and Human Services shall develop— '* Copy read " ' (5) ".

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