Page:United States Statutes at Large Volume 108 Part 5.djvu/921

 PUBLIC LAW 103-432—OCT. 31, 1994 108 STAT. 4411 plier, or other person is notified by the carrier under this part of such violation and of the requirements of subparagraph (A)."; and (2) in paragraph (3)(B)— (A) by inserting after the first sentence the following: "No person is liable for payment of any amounts billed for such a service in violation of the previous sentence.", and (B) in the last sentence, by striking "previous sentence" and inserting "first sentence". (b) CLARIFICATION OF MANDATORY ASSIGNMENT RULES FOR CER- TAIN PRACTITIONERS.— (1) IN GENERAL.— Section 1842(b) (42 U.S.C. 1395u(b)), as amended by section 126(e), is amended by adding at the end the following new paragraph: "(18)(A) Payment for any service furnished by a practitioner described in subparagraph (C) and for which payment may be made under this part on a reasonable charge or fee schedule basis may only be made under this part on an assignment-related basis. "(B) A practitioner described in subparagraph (C) or other person may not bill (or collect any amount from) the individual or another person for any service described in subparagraph (A), except for deductible and coinsurance amounts applicable under this part. No person is liable for payment of any amounts billed for such a service in violation of the previous sentence. If a practitioner or other person knowingly and willfully bills (or collects an amount) for such a service in violation of such sentence, the Secretary may apply sanctions against the practitioner or other person in the same manner as the Secretary may apply sanctions against a physician in accordance with subsection (j)(2) in the same manner as such section applies with respect to a physician. Paragraph (4) of subsection (j) shall apply in this subparagraph in the same manner as such paragraph applies to such section. "(C) A practitioner described in this subparagraph is any of the following: "(i) A physician assistant, nurse practitioner, or clinical nurse specialist (as defined in section 1861(aa)(5)). "(ii) A certified registered nurse anesthetist (as defined in section 1861(bb)(2)). "(iii) A certified nurse-midwife (as defined in section 1861(gg)(2)). "(iv) A clinical social worker (as defined in section 1861(hh)(l)). "(v) A clinical psychologist (as defined by the Secretary for purposes of section 1861(ii)). "(D) For purposes of this paragraph, a service furnished by a practitioner described in subparagraph (C) includes any services and supplies furnished as incident to the service as would otherwise be covered under this part if furnished by a physician or as incident to a physician's service.". (2) CONFORMING AMENDMENTS. — (A) Section 1833 (42 U.S.C. 13951) is amended— 42 USC 1395/. (1) in subsection (1)(5), by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); (ii) by striking subsection (p); and

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