Page:United States Statutes at Large Volume 103 Part 3.djvu/184

 103 STAT. 2252 PUBLIC LAW 101-239—DEC. 19, 1989 42 USC 1395pp note. 42 USC 1395h note. 42 USC 1395h note. rural occupational safety and preventive health education and promotion"; and (3) in paragraph (4), by striking "rural health care" and inserting "rural health care, including activities relating to rural mental health, rural infant mortality, and rural occupa- tional safety and preventive health promotion". SEC. 6214. DETERMINING ELIGIBILITY OF HOME HEALTH AGENCIES FOR WAIVER OF LIABILITY FOR DENIED CLAIMS. (a) SCOPE OF WAIVER AND DETERMINATION OF DENIED CLAIM.— Section 1879(f) of the Social Security Act (42 U.S.C. 1395pp(f)) is amended— (1) in paragraph (1), by striking "with respect to" and all that follows and inserting a period; and (2) in paragraph (4), by striking "(4) The requirement" and inserting "(4)(A) The requirement", and by adding at the end the following new subparagraph: "(B) For purposes of determining the rate of denial of bills for a home health agency under subparagraph (A), a bill shall not be considered to be denied until the expiration of the 60-day period that begins on the date such bill is denied by the fiscal intermediary, or, with respect to such a denial for which the agency requests re- consideration, until the fiscal intermediary issues a decision denying payment for such bill.". (b) MONITORING OF DENIED CLAIMS. — Section 1879(f) of such Act (42 U.S.C. 1395pp(f)) is amended by adding at the end the following new paragraph: "(6) The Secretary shall monitor the proportion of denied bills submitted by home health agencies for which reconsideration is requested, and shall notify Congress if the proportion of denials reversed upon reconsideration increases significantly.". (c) EFFECTIVE DATE. —The amendments made by subsection (a) shall apply to determinations for quarters beginning on or after the date of the enactment of this Act. SEC. 6215. EXTENSION OF AUTHORITY TO CONTRACT WITH FISCAL INTERMEDIARIES AND CARRIERS ON OTHER THAN A COST BASIS. (a) IN GENERAL.— Section 2326(a) of the Deficit Reduction Act of 1984 is amended— (1) in the first sentence, by striking "fiscal year 1989" and inserting "fiscal year 1993", (2) in the second sentence, by striking "over a period of time" and inserting "over a 2-year period of time", and (3) by inserting after the second sentence the following: "In addition, during such period the Secretary may enter into such additional agreements and contracts without regard to such cost reimbursement provisions if the fiscal intermediary or carrier involved and the Secretary agree to waive such provisions, but the Secretary may not take any action that has the effect of requiring that the intermediary or carrier agree to waive such provisions, including requiring such a waiver as a condition for entering into or renewing such an agreement or contract.". (b) EFFECTIVE DATE. — The amendments made by subsection (a) shall apply beginning vrith fiscal year 1990.

�