Page:United States Statutes at Large Volume 103 Part 3.djvu/186

 103 STAT. 2254 PUBLIC LAW 101-239—DEC. 19, 1989 (b) REPORT. —Not later than March 31, 1990, the Comptroller General shall submit a report to the Committees on Ways and Means and Energy and Commerce of the House of Representatives «£. ., and the Committee on Finance of the Senate on the study conducted under subsection (a). SEC. 6219. PROVISIONS RELATING TO END STAGE RENAL DISEASE SERV- ICES. (a) FLEXIBILITY IN FUNDING ESRD NETWORK ORGANIZATIONS. — The last sentence of section 1881(b)(7) of the Social Security Act (42 U.S.C. 1395rr(b)(7)) is amended by striking "network administra- tive" and all that follows and inserting the following: "organizations (designated under subsection (c)(l)(A)) for such organizations' nec- essary and proper administrative costs incurred in carrying out the responsibilities described in subsection (c)(2). The Secretary shall provide that amounts paid under the previous sentence shall be distributed to the organizations described in subsection (c)(1)(A) to ensure equitable treatment of all such network organizations. The . Secretary in distributing any such payments to network organiza- ,,. tions shall take into account— "(A) the geographic size of the network area; ' ' - "(B) the number of providers of end stage renal disease services in the network area; "(C) the number of individuals who are entitled to end stage w; renal disease services in the network area; and "(D) the proportion of the aggregate administrative funds collected in the network area.". (b) LIABILITY PROTECTION FOR ESRD NETWORK ORGANIZATIONS AND PROHIBITION AGAINST DISCLOSURE OF INFORMATION.— Section 1881(c) of such Act (42 U.S.C. 1395rr(c)) is amended by adding at the end the following new paragraph: "(8) The provisions of sections 1157 and 1160 shall apply with respect to network administrative organizations (including such organizations as medical review boards) with which the Secretary has entered into agreements under this subsection.". (c) REPORT ON PAYMENT FOR ERYTHROPOIETIN (EPO).— Not later than April 1, 1990, the Secretary of Health and Human Services shall submit a report to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate and to the Comptroller General on the methodology and rationale used to establish a payment rate for the drug erythropoietin (EPO) under title XVIII of the Social Security Act and shall include in the report (1) a summary of information provided to the Secretary by the manufacturer of EPO and used by the Secretary to establish such rate and (2) a plan for ensuring the appropriateness of such rate in the future. SEC. 6220. AMENDMENTS RELATING TO THE UNITED STATES BIPARTISAN COMMISSION ON COMPREHENSIVE HEALTH CARE. (a) COMMISSION NAME. —Section 401 of the Medicare Catastrophic 42 USC 1395b Coverage Act of 1988 is amended by inserting before the period at note. the end the following: "and also to be known as the 'Claude Pepper Commission' or the 'Pepper Commission' ". 42 USC 1395b (b) 4 ViCE CHAIRMEN.— Section 4030t)) of such Act is amended— note. (1) by striking "VICE CHAIRMAN" and inserting "VICE CHAIR- MEN"; and

�