Page:United States Statutes at Large Volume 111 Part 1.djvu/379

 PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 355 (C) CONFORMING AMENDMENTS.— Section 1848 (42 U.S.C. 1395w-4) is amended by striking "Physician Pay- ment Review Commission" and inserting "Medicare Pay- ment Advisory Commission" each place it appears in subsections (c)(2)(B)(iii), (g)(6)(C), and (g)(7)(C). (c) EFFECTIVE DATE; TRANSITION.— 42 USC i395b-6 (1) IN GENERAL.— The Comptroller General shall first pro- note. vide for appointment of members to the Medicare Payment Advisory Commission (in this subsection referred to as "MedPAC") by not later than September 30, 1997. (2) TRANSITION.—As quickly as possible after the date a majority of members of MedPAC are first appointed, the Comptroller General, in consultation with the Prospective Pay- ment Assessment Commission (in this subsection referred to as "ProPAC") and the Physician Payment Review Commission (in this subsection referred to as "PPRC"), shall provide for the termination of the ProPAC and the PPRC. As of the date of termination of the respective Commissions, the amendments made by paragraphs (1) and (2), respectively, of subsection (b) become effective. The Comptroller General, to the extent feasible, shall provide for the transfer to the MedPAC of assets and staff" of the ProPAC and the PPRC, without any loss of benefits or seniority by virtue of such transfers. Fund balances available to the ProPAC or the PPRC for any period shall be available to the MedPAC for such period for like purposes. (3) CONTINUING RESPONSIBILITY FOR REPORTS. —The MedPAC shall be responsible for the preparation and submission of reports required by law to be submitted (and which have not been submitted by the date of establishment of the MedPAC) by the ProPAC and the PPRC, and, for this purpose, any reference in law to either such Commission is deemed, after the appointment of the MedPAC, to refer to the MedPAC. CHAPTER 4—MEDIGAP PROTECTIONS SEC. 4031. MEDIGAP PROTECTIONS. (a) GUARANTEEING ISSUE WITHOUT PREEXISTING CONDITIONS FOR CONTINUOUSLY COVERED INDIVIDUALS.—Section 1882(s) (42 U.S.C. 1395ss(s)) is amended— (1) in paragraph (3), by striking "paragraphs (1) and (2)" and inserting "this subsection", (2) by redesignating paragraph (3) as paragraph (4), and (3) by inserting after paragraph (2) the following new paragraph: "(3)(A) The issuer of a medicare supplemental policy— "(i) may not deny or condition the issuance or effectiveness of a medicare supplemental policy described in subparagraph (C) that is offered and is available for issuance to new enrollees by such issuer; "(ii) may not discriminate in the pricing of such policy, because of health status, claims experience, receipt of health care, or medical condition; and "(iii) may not impose an exclusion of benefits based on a pre-existing condition under such policy, in the case of an individual described in subparagraph (B) who seeks to enroll under the policy not later than 63 days after the

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