Page:United States Statutes at Large Volume 104 Part 2.djvu/521

 PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-113 tially to comply with such obligations, the Secretary shall consider the practitioner's or person's willingness or lack of ability, during the period before the organization submits its report and recommendations, to enter into and successfully complete a corrective action plan.". (2) EFFECTIVE DATE. — The amendments made by paragraph (1) shall apply to initial determinations made by organizations on or after the date of the enactment of this Act. (b) TREATMENT OF OPTOMETRISTS AND PODIATRISTS. — (1) IN GENERAL.— Section 1154 (42 U.S.C. 1820c-3) is amended— (A) in subsection (a)(7)(A)(i), by inserting ", optometry, and podiatry" after "dentistry"; and (B) in subsection (c), by striking "or dentistry" each place it appears and inserting "dentistry, optometry, or podiatry". (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply to contracts entered into or renewed on or after the date of the enactment of this Act. (c) COORDINATION OF PROS AND CARRIERS.— (1) DEVELOPMENT AND IMPLEMENTATION OF PLAN.— The Secretary of Health and Human Services shall develop and implement a plan to coordinate the physician review activities of peer review organizations and carriers. Such plan shall include— (A) the development of common utilization and medical review criteria; (B) criteria for the targetting of reviews by peer review organizations and carriers; and (C) improved methods for exchange of information among peer review organizations and carriers. (2) REPORT. —Not later than January 1, 1992, the Secretary shall submit to Congress a report on the development of the plan described under paragraph (1) and shall include in the report such recommendations for changes in legislation as may be appropriate. (d) PEER REVIEW NOTICE. — (1) NOTICE OF PROPOSED SANCTIONS. — (A) REQUIREMENT.— Section 1154(a)(9) (42 U.S.C. 1320c- 3(a)(9)) is amended— (i) by inserting "(A)" after "(9)"; and (ii) by adding at the end the following: "(B) If the organization finds, after notice and hearing, that a physician has furnished services in violation of this subsection, the organization shall notify the State board or boards responsible for the licensing or disciplining of the physician of its finding and decision.". (B) DISCLOSURE. —Section 1160(b)(1) (42 U.S.C. 1320c- 9(b)(1)) is amended— (i) by striking "and" at the end of subparagraph (B), (ii) by adding "and" at the end of subparagraph (C), and (iii) by adding at the end the following new subparagraph: "(D) to provide notice to the State medical board in accordance with section 1154(a)(9)(B) when the organization submits a report and recommendations to the Secretary 42 USC 1320C-5 n ote. 42 USC 1320C-3 note. 42 USC 1320c note.

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