Page:United States Statutes at Large Volume 102 Part 1.djvu/760

 102 STAT. 722

PUBLIC LAW 100-360—JULY 1, 1988 "(vi) The entity conducts a quality assessment and assurance program, including drug r^imen review and coordination of patient care. "(vii) The entity assures that only trained personnel provide covered home IV drugs (and any other service for which training is required to safely provide the service). '(viii) The entity assumes responsibility for the quality of services provided by others under arrangements with the agency or entity. "(ix) In the case of an entity in any State in which State or applicable local law provides for the licensing of entities of this nature, (0 is licensed pursuant to such law, or (U) is approved, by the agency of such State or locality responsible for licensing entities of this nature, as meeting the standards established for such licensing. "(x) The entity meets such other requirements as the Secretary may determine are necessary to assure the safe and effective provision of home intravenous drug therapy services and the efficient administration of the home intravenous drug therapy benefit.", (c) PAYMENT.— (1) IN GENERAL.—Part B is amended—

(A) in subsection (a)(2)(B) of section 1833 (42 U.S.C. 13951), by striking "or (E)" and inserting "(E), or (F)"; (B) in subsection (a)(2)(D) of such section, by striking "and" at the end; (C) in subsection (a)(2)(E) of such section, by striking the semicolon and inserting "; and"; (D) by inserting after subsection (a)(2)(E) of such section the following new subparagraph: "(F) with respect to home intravenous drug therapy services, the amounts described in section 1834(d)(l);"; (E) in subsection (b) of such section, by striking "services, (3)" and inserting "services and home intravenous drug therapy services, (3)"; and (F) by adding at the end of section 1834, as amended by section 202(b)(4) of this Act, the following new subsection: 42 USC 1395m.

"(d) HOME INTRAVENOUS DRUG THERAPY SERVICES.—

"(1) IN GENERAL.—With respect to home intravenous drug therapy services, subject to paragraph (3), payment under this part shall be made in an amount equal to the lesser of the actual charges for such services or the fee schedule established under paragraph (2). Regulations.

"(2) ESTABLISHMENT OP FEE SCHEDULE.—The Secretary shall

establish by r^ulation before the beginning of calendar year 1990 and each succeeding calendar year a fee schedule for home intravenous drug therapy services for which payment is made under this part. A fee schedule established under this subsection shall be on a per diem basis. "(3) LIMITATION ON ACCEPTANCE OF, AND PAYMENTS FOR, CERTAIN REFERRAL£I.—

"(A) IN GENERAL.—Except as provided in subparagraph (B), a home intravenous drug therapy provider may not provide home intravenous drug therapy services under this part to an individual if the individual's referring physician (as defined in subparagraph (D)), or an immediate family member of the physician—

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