Page:United States Statutes at Large Volume 111 Part 1.djvu/353

 PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 329 (2) REASONABLE COST CONTRACTS.— (A) PHASE OUT OF CONTRACTS.—Section 1876(h) (42 U.S.C. 1395mm(h)) is amended by adding at the end the following: "(5)(A) After the date of the enactment of this paragraph, the Secretary may not enter into a reasonable cost reimbursement contract under this subsection (if the contract is not in effect as of such date), except for a contract with an eligible organization which, immediately previous to entering into such contract, had an agreement in effect under section 1833(a)(1)(A). "(B) The Secretary may not extend or renew a reasonable cost reimbursement contract under this subsection for any period beyond December 31, 2002.". (B) REPORT ON IMPACT. —By not later than January 1, 2001, the Secretary of Health and Human Services shall submit to Congress a report that analyzes the potential impact of termination of reasonable cost reimbursement contracts, pursuant to the amendment made by subparagraph (A), on medicare beneficiaries enrolled under such contracts and on the medicare program. The report shall include such recommendations regarding any extension or transition with respect to such contracts as the Secretary deems appropriate. (c) ENROLLMENT TRANSITION RULE. —An individual who is enrolled on December 31, 1998, with an eligible organization under section 1876 of the Social Security Act (42 U.S.C. 1395mm) shall be considered to be enrolled with that organization on January 1, 1999, under part C of title XVIH of such Act if that organization has a contract under that part for providing services on January 1, 1999 (unless the individual has disenrolled effective on that date). (d) ADVANCE DIRECTIVES.— Section 1866(f) (42 U.S.C. 1395cc(f)) is amended— (1) in paragraph (1)— (A) by inserting "1855(i)," after "1833(s),", and (B) by inserting ", Medicare+Choice organization," after "provider of services"; and (2) in paragraph (2)(E), by inserting "or a Medicare+Choice organization" after "section 1833(a)(1)(A)". (e) EXTENSION OF PROVIDER REQUIREMENT. —Section 1866(a)(l)(0) (42 U.S.C. 1395cc(a)(l)(0)) is amended— (1) by striking "in the case of hospitals and skilled nursing facilities,"; (2) by striking "inpatient hospital and extended care"; (3) by inserting "with a Medicare+Choice organization under part C or" after "any individual enrolled"; (4) by striking "(in the case of hospitals) or limits (in the case of skilled nursing facilities)"; and (5) by inserting "(less any payments under sections 1886(d)(ll) and 1886(h)(3)(D))" after "under this title". (f) ADDITIONAL CONFORMING CHANGES. — (1) CONFORMING REFERENCES TO PREVIOUS PART C.—Any reference in law (in effect before the date of the enactment of this Act) to part C of title XVIH of the Social Security Act is deemed a reference to part D of such title (as in effect after such date). 42 USC 1395mm note. 42 USC 1395W-21 note. 42 USC note prec. 1395x. 39-194O-97-12:QL3Part1

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