Page:United States Statutes at Large Volume 111 Part 1.djvu/418

 Ill STAT. 394 PUBLIC LAW 105-33—AUG. 5, 1997 "(e) TERMINATION.— Notwithstanding any other provision of this section, all projects under this section shall terminate not later than December 31, 2002.". (b) ITEMS AND SERVICES TO BE FURNISHED ONLY THROUGH COMPETITIVE ACQUISITION.— Section 1862(a) (42 U.S.C. 1395y(a)) is amended— (1) by striking "or" at the end of paragraph (15), (2) by striking the period at the end of paragraph (16) and inserting "; or", and (3) by inserting after paragraph (16) the following new paragraph: "(17) where the expenses are for an item or service furnished in a competitive acquisition area (as established by the Secretary under section 1847(a)) by an entity other than an entity with which the Secretary has entered into a contract under section 1847(b) for the furnishing of such an item or service in that area, unless the Secretary finds that the expenses were incurred in a case of urgent need, or in other circumstances specified by the Secretary.". 42 USC 1395W-3 (c) STUDY BY GAO.— The Comptroller of the United States note. shall study the effectiveness of the establishment of competitive acquisition areas under section 1847(a) of the Social Security Act, as added by this section. SEC. 4320. PROHIBITING UNNECESSARY AND WASTEFUL MEDICARE PAYMENTS FOR CERTAIN ITEMS. Section 1861(v) (42 U.S.C. 1395x(v)) is amended by adding at the end the following new paragraph: "(8) ITEMS UNRELATED TO PATIENT CARE. — Reasonable costs do not include costs for the following— "(i) entertainment, including tickets to sporting and other entertainment events; "(ii) gifts or donations; "(iii) personal use of motor vehicles; "(iv) costs for fines and penalties resulting from violations of Federal, State, or local laws; and "(v) education expenses for spouses or other dependents of providers of services, their employees or contractors.". SEC. 4321. NONDISCRIMINATION IN POST-HOSPITAL REFERRAL TO HOME HEALTH AGENCIES AND OTHER ENTITIES. (a) NOTIFICATION OF AVAILABILITY OF HOME HEALTH AGENCIES AND OTHER ENTITIES AS PART OF DISCHARGE PLANNING PROCESS.— Section 1861(ee)(2) (42 U.S.C. 1395x(ee)(2)) is amended— (1) in subparagraph (D), by inserting before the period the following: ", including the availability of home health services through individuals and entities that participate in the program under this title and that serve the area in which the patient resides and that request to be listed by the hospital as available"; and (2) by adding at the end the following new subparagraph: "(H) Consistent with section 1802, the discharge plan shall— "(i) not specify or otherwise limit the qualified provider which may provide post-hospital home health services, and "(ii) identify (in a form and manner specified by the Secretary) any entity to whom the individual is referred in which the hospital has a disclosable financial interest

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