Page:United States Statutes at Large Volume 101 Part 2.djvu/922

 101 STAT. 1330-128

42 USC 1395SS note.

PUBLIC LAW 100-203—DEC. 22, 1987

services furnished by participating physicians and suppliers on or after January 1, 1989. (2)(A) The amendments made by subsection (b) shall apply to medicare supplemental policies as of January 1, 1989 (or, if applicable, the date established under subparagraph (B)). (B) In the case of a State which the Secretary of Health and Human Services identifies as— (i) requiring State legislation (other than legislation appropriating funds) in order for medical supplemental policies to be i changed to meet the requirements of section 1882(c)(3) of the Social Security Act, and (ii) having a legislature which is not scheduled to meet in 1988 in a legislative session in which such legislation may be considered, the date specified in this subparagraph is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after January 1, 1989, and in which legislation described in clause (i) may be considered. SEC. 4082. REVISION OF PART B HEARINGS.

(a) CLARIFICATION OF O B R A AMENDMENT.—Section 1869(b)(3)(B) of the Social Security Act (42 U.S.C. 1395ff(b)(3)(B)) is amended *^ by striking "chapter 5" and inserting "section 553". (b) EXPEDITED ADMINISTRATIVE HEARING WHERE ONLY ISSUES OF

LAW.—Section 1869(b) of such Act (42 U.S.C. 1395ffrb)) is amended by adding at the end the following new paragraph: "(5) In an administrative hearing pursuant to paragraph (1), where the moving party alleges that there are no material issues of fact in dispute, the administrative law judge shall make an expedited determination as to whether any such facts are in dispute and, if not, shall determine the case expeditiously.". (c) TIMELY CARRIER HEARINGS ON PART B APPEALS.—Section

42 USC 1395u note.

Reports.

42 USC 1395ff note.

1842(b)(5) of such Act (42 U.S.C. 1395u(b)(5)) is amended— (1) by inserting "(A)" after "(5)", and (2) by adding at the end the following new subparagraph: "(B) The Secretary shall establish standards for evaluating carriers' performance of reviews of initial carrier determinations and of fair hearings under paragraph (3)(C), under which a carrier is expected— "(i) to complete such reviews, within 45 days after the date of a request by an individual enrolled under this part for such a '' review, in 95 percent of such requests, and "(ii) to make a final determination, within 120 days after the date of receipt of a request by an individual enrolled under this part for a fair hearing under paragraph (3)(C), in 90 percent of such cases.". (d) GAO STUDY.—The Comptroller General shall conduct a study concerning the cost effectiveness of requiring hearings with a carrier under part B of title XVIII of the Social Security Act before having a hearing before an administrative law judge respecting carrier determinations under that part. The Comptroller General shall report to the Congress on the results of such study by not later than June 30, 1989. (e) EFFECTIVE DATES.—(1) The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. 'Copy read "is amended is amended".

�