Page:United States Statutes at Large Volume 102 Part 1.djvu/816

 102 STAT. 778 Health care professionals. 42 USC 1395U.

101 Stat. 1330-86.

PUBLIC LAW 100-360—JULY 1, 1988 (ii) by adding at the end the following: "(2) Subclauses d) and (U) of section 1842(j)(l)(C)(i) of such Act are amended by striking 'prevailing charge for the year involved for such service furnished by nonparticipating physicians' and inserting 'applicable percent (as defined in subsection (b)(4)(A)(iv)) of the prevailing charge for the year and service involved*.". (3) SECTION 4044.—(A) Section 4044(a) of OBRA is amended by striking "INCREASE IN PREVAILING CHARGES" and inserting "PREVAILING CHARGE FLOOR".

42 USC 1395u.

42 USC 1395u.

-Effective date. 42 USC 1395y note.

(B) Section 1842(b)(4)(A)(vi) of the Social Security Act, as inserted by section 4044(a) of OBRA, is amended— (i) by striking "subparagraph (E)(iii)" and inserting "subsection (i)(4)", (ii) by striking "the average of the prevailing charge levels" and inserting "the estimated average prevailing chaxge levels based on the best available data", and (iii) by striking "for participating physicians". (4) SECTION 4045.—(A) Section 1842(b)(10) of the Social Security Act, as amended by section 4045(a) of OBRA, is amended— (i) in subparagraph (A)(i>— (I) by striking "under paragraph (3)", (ID by striking "subparagraph (C)" and inserting "subparagraph (B)", and (in) by striking "for participating and nonparticipating physicians"; (ii) in subparagraph (A)(iii), by striking "clause (i)(H)" and inserting "clause (i)(D"; (iii) in subparagraph (B) by inserting "(including subsequent insertion of an intraocular lens)" after "cataract surgery"; and (iv) in subparagraph (D), by inserting "under" after "review". (B) Section 4045(c)(2) of OBRA is amended— (i) in subparagraph (B), by inserting before the period at the end the following: "and by striking the second sentence", and (ii) by adding at the end the following new subparagraph: "(D) The fourth sentence of section 1842(b)(3) of the Social Security Act (42 U.S.C. 1395u(b)(3)) is amended by inserting '(or under any other provision of law ejecting the prevailing charge level)' after 'the level determined under this sentence'.". (Q Section 1842(j)(l)(D)(iv) of the Social Security Act, as added by section 4045(c)(l)(B) of OBRA, is amended by strildng "imposes a charge" and inserting "bills". (D)(i) Section 1862(a)(15) of the Social Security Act (42 U.S.C. 1395y(a)(15)) is amended by inserting "(including subsequent insertion of an intraocular lens)" after "operation". (ii) "nbe amendment made by clause (i) shall apply to operations performed on or after 60 days after the date of the enactment of this Act. (5) SECTION 4046.—(A) Section 1842(b)(llXCXi) of the Social Security Act, as inserted by section 4046(a)(l)(C) of OBRA and as designated by section 4(S3(a)(l)(A), is amended by striking "implantation" and inserting "insertion".

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