Page:United States Statutes at Large Volume 111 Part 1.djvu/338

 Ill STAT. 314 PUBLIC LAW 105-33—AUG. 5, 1997 matters covered under the standards established under section 1856(a). "(E) TREATMENT OF WAIVER. —In the case of a waiver granted under this paragraph for a provider-sponsored organization with respect to a State— "(i) LIMITATION TO STATE.— The waiver shall be effective only with respect to that State and does not apply to any other State. "(ii) LIMITATION TO 36-MONTH PERIOD. —The waiver shall be effective only for a 36-month period and may not be renewed. "(iii) CONDITIONED ON COMPLIANCE WITH CONSUMER PROTECTION AND QUALITY STANDARDS. —The continuation of the waiver is conditioned upon the organization's compliance with the requirements described in subparagraph (G). "(iv) PREEMPTION OF STATE LAW.— Any provisions of law of that State which relate to the licensing of the organization and which prohibit the organization from providing coverage pursuant to a contract under this part shall be superseded. "(F) PROMPT ACTION ON APPLICATION.— The Secretary shall grant or deny such a waiver application within 60 days after the date the Secretary determines that a substantially complete waiver application has been filed. Nothing in this section shall be construed as preventing an organization which has had such a waiver application denied from submitting a subsequent waiver application. "(G) APPLICATION AND ENFORCEMENT OF STATE CONSUMER PROTECTION AND QUALITY STANDARDS.— "(i) IN GENERAL.— A waiver granted under this paragraph to an organization with respect to licensing under State law is conditioned upon the organization's compliance with all consumer protection and quality standards insofar as such standards— "(I) would apply in the State to the organization if it were licensed under State law; "(II) are generally applicable to other Medicare+Choice organizations and plans in the State; and "(III) are consistent with the standards established under this part. Such standards shall not include any standard preempted under section 1856(b)(3)(B). "(ii) INCORPORATION INTO CONTRACT.— In the case of such a waiver granted to an organization with respect to a State, the Secretary shall incorporate the requirement that the organization (and MedicareH-Choice plans it offers) comply with standards under clause (i) as part of the contract between the Secretary and the organization under section 1857. "(iii) ENFORCEMENT.— In the case of such a waiver granted to an organization with respect to a State, the Secretary may enter into an agreement with the State under which the State agrees to provide for monitoring and enforcement activities with respect to compliance of such an organization and its

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