Page:United States Statutes at Large Volume 111 Part 1.djvu/365

 PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 341 establish rules for computing equivalent or comparable payment amounts. " (2) EXCLUSION OF CERTAIN AMOUNTS.— In computing the amount of payment under paragraph (1), the following shall be excluded: "(A) SPECIAL PAYMENTS. —Any amount attributable to an adjustment under subparagraphs (B) and (F) of section 1886(d)(5) and subsection (h) of such section. "(B) PERCENTAGE OF CAPITAL PAYMENTS. — An amount determined by the administering Secretaries for amounts attributable to payments for capital-related costs under subsection (g) of such section. " (3) PERIODIC PAYMENTS FROM MEDICARE TRUST FUNDS.— Payments under this subsection shall be made— "(A) on a periodic basis consistent with the periodicity of payments under this title; and "(B) in appropriate part, as determined by the Secretary, from the trust funds. "(4) CAP ON AMOUNT.—The aggregate amount to be reimbursed under this subsection pursuant to the agreement entered into between the administering Secretaries under subsection (b) shall not exceed a total of— "(A) $50,000,000 for calendar year 1998; "(B) $60,000,000 for calendar year 1999; and "(C) $65,000,000 for calendar year 2000. "(j) MAINTENANCE OF EFFORT. — " (1) MONITORING EFFECT OF DEMONSTRATION PROGRAM ON COSTS TO MEDICARE PROGRAM. — "(A) IN GENERAL.—The administering Secretaries, in consultation with the Comptroller General, shall closely monitor the expenditures made under the medicare program for medicare-eligible military retirees or dependents during the period of the demonstration project compared to the expenditures that would have been made for such medicare-eligible military retirees or dependents during that period if the demonstration project had not been conducted. The agreement entered into by the administering Secretaries under subsection (b) shall require any participating military treatment facility to maintain the level of effort for space available care to medicare-eligible military retirees or dependents. "(B) ANNUAL REPORT BY THE COMPTROLLER GENERAL.— Not later than December 31 of each year during which the demonstration project is conducted, the Comptroller General shall submit to the administering Secretaries and the appropriate committees of Congress a report on the extent, if any, to which the costs of the Secretary under the medicare program under this title increased during the preceding fiscal year as a result of the demonstration project. " (2) REQUIRED RESPONSE IN CASE OF INCREASE IN COSTS.— "(A) IN GENERAL.—If the administering Secretaries find, based on paragraph (1), that the expenditures under the medicare program under this title increased (or are expected to increase) during a fiscal year because of the demonstration project, the administering Secretaries shall take such steps as may be needed—

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