Page:United States Statutes at Large Volume 101 Part 2.djvu/907

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-113

such other percent established by the Secretary (or carriers acting pursuant to guidelines issued by the Secretary) based on prevailing charges established with actual charge data, of 80 percent of the prevailing charge for participating physicians for the same services as if they were furnished in a physician's office in the same locality as determined under section 1842(b). "(ii) In this subparagraph: "(I) The term 'cost proportion' means 65 percent for all or any part of cost reporting periods which occur in fiscal year 1989 and 50 percent for other cost reporting periods. "(II) The term 'charge proportion' means 35 percent for all or any parts of cost reporting periods which occur in fiscal year 1989 and 50 percent for other cost reporting periods.". (b) CONFORMING AMENDMENT.—Section 1833(a)(2)(B) of such Act (42 U.S.C. 13951(a)(2)(B)) is amended in the matter preceding clause (i) by striking "(C) or (D)" and inserting "(C), (D), or (E)". (c) EFFECTIVE DATE.—The amendments made by subsection (a) 42 USC 1395/ shall apply with respect to outpatient hospital radiology services note. furnished on or after October 1, 1988, and other diagnostic procedures performed on or after October 1, 1989. SEC. 4067. UPDATING MAXIMUM RATE OF PAYMENT PER VISIT FOR INDEPENDENT RURAL HEALTH CLINICS.

(a) IN GENERAL.—Section 1833 of the Social Security Act (42 U.S.C. 13951) is further amended by inserting after subsection (e) the following new subsection: c-. - >>' S* "(f) In establishing limits under subsection (a) on payment for -'-^ rural health clinic services provided by independent rural health clinics, the Secretary shall establish such limit, for services provided— .,J "(1) in 1988, after March 31, at $46, and "(2) in a subsequent year, at the limit established under this subsection for the previous year increased by the percentage increase in the medicare economic index (referred to in the fourth sentence of section 1842(b)(3)) applicable to physicians' services furnished as of the first day of that year.". 0)) REPORT ON RATES.—The Secretary of Health and Human Serv- 42 USC 1395/ ices shall report to Congress, by not later than March 1, 1989, on the note, adequacy of the amounts paid under title XVIII of the Social Security Act for rural health clinic services provided by independent rural health clinics. (c) EFFECTIVE DATE.—The amendment made by subsection (a) shall 42 USC 1395/ apply to services furnished on or after April 1, 1988. note. SEC. 4068. PAYMENT FOR AMBULATORY SURGERY AT EYE, AND EYE AND EAR, SPECIALTY HOSPITALS.

(a) IN GENERAL.—Section 1833(i)(3)(B)(ii) of the Social Security Act (42 U.S.C. 13951(i)(3)(B)(ii)) is amended— (1) by striking "In" and inserting "Subject to the last sentence of this clause, in"; and (2) by adding at the end thereof the following: "In the case of a hospital that makes application to the Secretary and demonstrates that it specializes in eye services or eye and ear services (as determined by the Secretary), receives more than 30 percent of its total revenues from outpatient services and was an eye specialty hospital or an eye and ear specialty hospital on October 1, 1987, the cost proportion and ASC proportion in effect under

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