Page:United States Statutes at Large Volume 108 Part 5.djvu/931

 note. PUBLIC LAW 103-432—OCT. 31, 1994 108 STAT. 4421 after the date the suppHer receives notice of an adverse determination on reconsideration or appeal,". (b) CONFORMING AMENDMENT.—Section 1834(h)(3) (42 U.S.C. 1395m(h)(3)) is amended by striking "Paragraph (12)" and inserting " Paragraphs (12) and (17)". (c) EFFECTIVE DATE.— The amendments made by subsections 42 USC I395m (a) and (b) shall apply to items furnished after the expiration of the 6-day period that begins on the date of the enactment of this Act. SEC. 133. BENEFICIARY LIABILITY FOR NONCOVERED SERVICES. (a) UNASSIGNED CLAIMS.— (1) IN GENERAL.— Section 1834(j) (42 U.S.C. 1395m(i)), as added by section 131(a)(1), is amended— (A) by redesignating paragraph (4) as paragraph (5), and (B) by inserting after paragraph (3) the following new paragraph: "(4) LIMITATION ON PATIENT LIABILITY. —If a supplier of medical equipment and supplies (as defined in paragraph (5))— "(A) furnishes an item or service to a beneficiary for which no payment may be made by reason of paragraph (1); "(B) furnishes an item or service to a beneficiary for which payment is denied in advance under subsection (a)(15);or "(C) furnishes an item or service to a beneficiary for which payment is denied under section 1862(a)(1); any expenses incurred for items and services furnished to an individual by such a supplier not on an assigned basis shall be the responsibility of such supplier. The individual shall have no financial responsibility for such expenses and the supplier shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items or services. The provisions of subsection (a)(18) shall apply to refunds required under the previous sentence in the same manner as such provisions apply to refunds under such subsection.". (2) CONFORMING AMENDMENT.—Section 1128B(b)(3)(B) (42 U.S.C. 1320a-7b(b)(3)(B)), as amended by section 134(a), is amended by striking "1834(j)(4)" and inserting "18340*)(5)". (b) ASSIGNED CLAIMS.—Section 1879 (42 U.S.C. 1395pp) is amended by adding at the end the following new subsection: "(h) If a supplier of medical equipment and supplies (as defined in section 1834(j)(5))— "(1) furnishes an item or service to a beneficiary for which no payment may be made by reason of section 1834(j)(l); "(2) furnishes an item or service to a beneficiary for which payment is denied in advance under section 1834(a)(15); or "(3) furnishes an item or service to a beneficiary for which no payment may be made by reason of section 1834(a)(17)(B), any expenses incurred for items and services furnished to an individual by such a supplier on an assignment-related basis shall be the responsibility of such supplier. The individual shall have no financial responsibility for such expenses and the supplier shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual

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