Page:United States Statutes at Large Volume 110 Part 3.djvu/268

 110 STAT. 1998 PUBLIC LAW 104-191—AUG. 21, 1996 "(B) when entering into contracts that may result in the eUmination of responsibihties of an individual fiscal intermediary or carrier under section 202(b) of the Health Insurance Portability and Accountability Act of 1996; and "(C) at any other time considered appropriate by the Secretary, except that the Secretary may continue to contract with entities that are carrying out the activities described in this section pursuant to agreements under section 1816 or contracts under section 1842 in effect on the date of the enactment of this section. "(3) Procedures under which a contract under this section may be renewed without regard to any provision of law requiring competition if the contractor has met or exceeded the performance requirements established in the current contract. The Secretsiry may enter into such contracts without regard to final rules having been promulgated. Regulations. "(e) LIMITATION ON CONTRACTOR LIABILITY.— The Secretary shall by regulation provide for the limitation of a contractor's liability for actions taken to carry out a contract under the Program, and such regulation shall, to the extent the Secretary finds appropriate, employ the same or comparable standards and other substantive and procedural provisions as are contained in section 1157. ". (b) ELIMINATION OF FI AND CARRIER RESPONSIBILITY FOR CARRYING OUT ACTIVITIES SUBJECT TO PROGRAM.— (1) RESPONSIBILITIES OF FISCAL INTERMEDIARIES UNDER PART A.— Section 1816 (42 U.S.C. 1395h) is amended by adding at the end the following new subsection: "(1) No agency or organization may carry out (or receive pay- ment for carrying out) any activity pursuant to an agreement under this section to the extent that the activity is carried out pursuant to a contract under the Medicare Integrity Program under section 1893.". (2) RESPONSIBILITIES OF CARRIERS UNDER PART B. — Section 1842(c) (42 U.S.C. 1395u(c)) is amended by adding at the end the following new paragraph: "(6) No carrier may carry out (or receive payment for carrying out) any activity pursuant to a contract under this subsection to the extent that the activity is carried out pursuant to a contract under the Medicare Integrity Program under section 1893. The previous sentence shall not apply with respect to the activity described in section 1893(b)(5) (relating to prior authorization of certain items of durable medical equipment under section 1834(a)(15)). ". 42 USC 1395b-5. SEC. 203. BENEFICIARY INCENTIVE PROGRAMS. (a) CLARIFICATION OF REQUIREMENT TO PROVIDE EXPLANATION OF MEDICARE BENEFITS. —The Secretary of Health and Human Services (in this section referred to as the "Secretary") shall provide an explanation of benefits under the Medicare program under title XVIII of the Social Security Act with respect to each item or service for which payment may be made under the program which is furnished to an individual, without regard to whether or not a deductible or coinsurance may be imposed agsiinst the individual with respect to the item or service.

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