Page:United States Statutes at Large Volume 103 Part 3.djvu/97

 PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2165 retary to compensate hospice programs for providing high-cost hos- pice care to medicare beneficiaries. SEC. 6017. PROHIBITION ON NURSING HOME BALANCE BILLING. ^^ Section 1866(a)(2)(B) of the Social Security Act (42 U.S.C. 1395cc(a)(2)(B)) is amended— (1) in clause (i), by striking "(i)"; and (2) by striking clause (ii). SEC. 6018. HOSPITAL ANTI-DUMPING PROVISIONS. (a) HOSPITAL OBLIGATIONS WITH RESPECT TO TREATMENT OF EMER- GENCY MEDICAL CONDITIONS AND INDIGENT CARE.— Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(l)) is amended— .. (1) by amending subparagraph (I) to read as follows: "(I) in the case of a hospital or rural primary care hospital— "(i) to adopt and enforce a policy to ensure compliance with the requirements of section 1867, "(ii) to maintain medical and other records related to individuals transferred to or from the hospital for a period of five years from the date of the transfer, and "(iii) to maintain a list of physicians who are on call for duty after the initial examination to provide treatment necessary to stabilize an individual with an emergency medical condition;"; and /• (2) in subparagraph (N)— (A) by striking "and" at the end of clause (i), (B) by striking "and" at the end of clause (ii), and (C) by adding at the end the following new clauses: "(iii) to post conspicuously in any emergency department a sign (in a form specified by the Secretary) specifying rights of individuals under section 1867 with respect to examination and treatment for emergency medical condi- tions and women in labor, and "(iv) to post conspicuously (in a form specified by the Secretary) information indicating whether or not the hos- pital participates in the medicaid program under a State plan approved under title XIX, and'. (b) EFFECTIVE DATE.—The amendments made by subsection (a) ^2 USC I395cc shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act, without regard to whether regulations to carry out such amendments have been promulgated by such date. SEC. 6019. RELEASE AND USE OF HOSPITAL ACCREDITATION SURVEYS. (a) REQUIRING ALL INSTITUTIONS AND JCAHO TO RELEASE SURVEYS TO SECRETARY. —Section 1865(a)(2) of the Social Security Act (42 U.S.C. 1395bb(a)(2)) is amended— (1) by striking "(2) such institution" and inserting "(2)(A) such institution"; (2) by striking "(if it is included within a survey described in section 1864(c))'^ (3) by striking the comma at the end and inserting the following: ", together with any other information directly re- lated to the survey as the Secretary may require (including corrective action plans),"; and (4) by adding at the end the following new subparagraph: note.

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