Page:United States Statutes at Large Volume 102 Part 1.djvu/762

 102 STAT. 724

PUBLIC LAW 100-360-JULY 1, 1988 for reduced costs to hospitals resulting from the amendments made by this section.

Health care professionals.

Law enforcement and crime.

(3)

INSPECTOR GENERAL REPORT ON POTENTIALLY ABUSIVE

OWNERSHIP OR COMPENSATION ARRANGEMENTS.—The Inspector General of the Department of Health and Human Services shall study and report to Congress, by not later than May 1, 1989, concerning— (A) physician ownership of, or compensation from, an entity providing items or services to which the physician makes referrals and for which pa3anent may be made under the medicare program; (B) the range of such arrangements and the means by which they are marketed to physicians; (C) the potential of such ownership or compensation to influence the decision of a physician regarding referrals and to lead to inappropriate utilization of such items and services; and (D) the practical difficulties involved in enforcement actions against such ownership and compensation arrangements that violate current antikickback provisions. Such report shall include such recommendations as may be appropriate to strengthen current law provisions to prevent program abuse, (d) CERTIFICATION.—

(1) IN GENERAL.—Section 1835(a)(2) (42 U.S.C. 1395n(a)(2)) is amended— (A) by striking "and" at the end of subparagraph (E); (B) by striking the period a t the end of subparagraph (F) and inserting "; and"; and (C) by inserting after subparagraph (F) the following new subparagraph: "(G) in the case of home intravenous drug therapy services, (i) such services are or were required because the individual needed such services for the administration of a covered home IV drug, (ii) a plan for furnishing such services has been established and is reviewed periodically by a physician, (iii) such services are or were furnished while the individual is or was under the care of a physician, (iv) such services are administered in a place of residence used as such individual's home, and (v) with respect to such services initiated before January 1, 1993, such services have been reviewed and approved by a utilization and peer review organization under section 1154(a)(16) before the date such services were initiated (or, in the case of services first initiated on an outpatient basis, within 1 working day (except in exceptional circumstances) of the date of initiation of the services).". (2) PRO PRIOR APPROVAL REQUIRED.—Section 1154(a) (42 U.S.C. 1320c-3(a)) is amended by adding at the end the following new paragraph: "(16) The org£mization shall perform the review described in p a r £ ^ a p h (1) with respect to home intravenous drug therapy services (as defined in section 1861(iJXl)) initiated before January 1, 1993, within 1 working day of the date of the organization's receipt of a request for such review. The Secretary shall establish criteria to be used by such an organization in conduct-

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