Page:United States Statutes at Large Volume 103 Part 3.djvu/144

 103 STAT. 2212 PUBLIC LAW 101-239—DEC. 19, 1989 (b) PERCENTAGE INCREASE IN MEI FOR 1990.— Section 18420aX4XE) of the Social Security Act (42 U.S.C. 1395u03X4XE)) is amended by adding at the end the following new clause: "(iv) For purposes of this part for items and services furnished in 1990, after March 31, 1990, the percentage increase in the MEI is— "(I) 0 percent for radiology services, for anesthesia services, and for other services specified in Table #2 in the Joint Explanatory Statement of the Committee of Conference submit- ted with the Conference Report to accompany H.R. 3299 (the 'Omnibus Budget Reconciliation Act of 1989'), 101st Congress, "(II) 2 percent for other services (other than primary care services), and "(III) such percentage increase in the MEI (as defined in subsection (i)(3)) as would be otherwise determined for primary care services (as defined in subsection (i)(4)).". SEC. 6108. MISCELLANEOUS PROVISIONS RELATING TO PAYMENT FOR PHYSICIANS' SERVICES. (a) CUSTOMARY CHARGE FOR NEW PHYSICTANS.— (1) PHASE-IN TO PREVAIUNG CHARGE LEVEL. — Section 1842(b)(4)(F) of the Social Security Act (42 U.S.C. 1395u(b)(4)(F)) is amended— (A) by inserting "furnished during a calendar year" after "physicians' services", and (B) by adding at the end the following: "For the first calendar year during which the preceding sentence no longer applies, the Secretary shall set the customary charge at a level no higher than 85 percent of the prevailing charge for the service.". 42 USC 1395U (2) EFFECTIVE DATE. —(A) Subject to Subparagraph (B), the '^°**- amendments made by paragraph (1) apply to services furnished in 1990 which were subject to the Hrst sentence of section 18420bX4XF) of the Social Security Act in 1989. (B) The amendments made by paragraph (1) shall not apply to services furnished in 1990 before April 1, 1990. With respect to physicians' services furnished during 1990 on and after April 1, such amendments shall be applied as though any reference, in the matter inserted by such amendments, to the "first calendar year during which the preceding sentence no longer applies" were deemed a reference to the remainder of 1990. (b) LIMITATION ON AMOUNTS FOR CERTAIN SERVICES FURNISHED BY MORE THAN ONE SPECIALTY. — (1) IN GENERAL. — Section 1842(b) of such Act (42 U.S.C. 1395u(b)), aa amended by section 6104(a) of this subtitle, is amended by adding at the end the following: "(15XA) In determining the reasonable charge for surgery, radiol- ogy, and diagnostic physicians' services which the Secretary shall designate (based on their high volume of expenditures under this part) and for which the prevailing charge (but for this paragraph) -y differs by physician specialty, the prevailing charge for such a service may not exceed the prevailing charge or fee schedule amount for that specialty of physicians that furnish the service most frequently nationally. "(B) In the case of a reduction in the prevailing chaise for a physician's service under subparagraph (A), if a nonparticipating physician furnishes the service to an individual entitled to benefits

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