Page:United States Statutes at Large Volume 103 Part 3.djvu/140

 103 STAT. 2208 PUBLIC LAW 101-239~DEC. 19, 1989 42 USC 11137 note. State and local governments. 42 USC 11111. 42 USC 11115. 42 USC 11137 note. 42 USC 299 note. (6) SECTION 402. —Section 402 of the Public Health Service Amendments of 1987 is amended— (A) by redesignating subsection (c) as subsection (d) and ,. by inserting after subsection (b) the following new subsec- tion: "(c) Such Act is amended in section 411(c)(2) by striking subpara- graph (B), by striking 'subparagraphs (A) and (B)' in subparagraph (C), and by redesignating subparagraph (C) as subparagraph (B). Such Act is amended in section 415(a) by inserting before the period at the end the following: 'or as preempting or overriding any State law which provides incentives, mimunities, or protection for those engaged in a professional review action that is in addition to or greater than that provided by this part'"; and (B) in subsection (d)(1) (as so redesignated), by striking "subsection (a)" and inserting "subsections (a) and (c). (7) SECTION 487.— Section 487(d)(3)(B) of the Public Health Service Act (42 U.S.C. 288(d)(3)(B)) is amended by striking "Na- tional Center" and all that follows through "Assessment" and inserting "Agency for Health Care Policy and Research". (f) TRANSITIONAL AND SAVINGS PROVISIONS. — (1) TRANSFER OF PERSONNEL, ASSETS, AND LIABILITIES.— Person- nel of the Department of Health and Human Services employed on the date of the enactment of this Act in connection with the functions vested in the Administrator for Health Care Policy and Research pursuant to the amendments made by this sec- tion, and assetis, property, contracts, liabilities, records, unex- pended balances of appropriations, authorizations, cdlocations, and other funds, of such Department arising from or employed, held, used, or available on such date, or to be made available after such date, in connection with such functions shall be transferred to the Administrator for appropriate allodation. Unexpended funds transferred under this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. (2) SAVINGS PROVISIONS.— With respect to functions vested in the Administrator for Health Care Policy and Research pursu- ant to the amendments made by this section, all orders, rules, regulations, grants, contracts, certificates, licenses, privileges, and other determinations, actions, or official documents, of the Department of Health and Human Services that have been issued, made, granted, or allowed to become effective in the performance of such functions, and that are effective on the date of the enactment of this Act, shall continue in effect according to their terms unless changed pursuant to law. SEC. 6104. REDUCTION IN PAYMENTS FOR CERTAIN PROCEDURES. (a) IN GENERAL. — Section 1842(b) of the Social Security Act (42 U.S.C. 1395u(b)) is amended by adding at the end the following new paragraph: " (14XA) In determining the reasonable chaige for a physicians' service specified in subparagraph (C)(i) and furnished during the 9- month period beginning on April 1, 1990, the prevailing charge for such service shall be the prevailing charge otherwise recognized for such service for 1989 reduced by 15 percent or, if less, Vs of the percent (if any) by which the prevailing charge otherwise applied in the locality in 1989 exceeds the locally-adjusted reduced prevailing amount (as determined under subparagraph (B)(i)) for the service.

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