Page:United States Statutes at Large Volume 111 Part 1.djvu/483

 PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 459 "(iii) conditions of participation for suppliers in the billing arrangement; "(iv) sanctions of suppliers who are determined to engage in coercive or abusive practices, including exclusion; and "(v) such other safeguards as the Secretary determines are necessary.". (2) EFFECTIVE DATE. —The amendment made by paragraph (1) shall apply to purchases or rentals after the effective date of any regulations issued pursuant to such amendment. SEC. 4552. OXYGEN AND OXYGEN EQUIPMENT. (a) IN GENERAL.— Section 1834(a)(9)(B) (42 U.S.C. 1395m(a)(9)(B)) is amended— (1) in clause (iii), by striking "and" at the end; (2) in clause (iv)— (A) by striking "each subsequent year" and inserting "1995, 1996, and 1997", and (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new clauses: "(v) for 1998, 75 percent of the amount determined under this subparagraph for 1997; and "(vi) for 1999 and each subsequent year, 70 percent of the amount determined under this subparagraph for 1997.". (b) ESTABLISHMENT OF CLASSES FOR PAYMENT.— Section 1848(a)(9) (42 U.S.C. 1395m(a)(9)) is amended by adding at the end the following new subparagraph: "(D) AUTHORITY TO CREATE CLASSES.— "(i) IN GENERAL. —Subject to clause (ii), the Secretary may establish separate classes for any item of oxygen and oxygen equipment and separate national limited monthly payment rates for each of such classes, "(ii) BUDGET NEUTRALITY. —The Secretary may take actions under clause (i) only to the extent such actions do not result in expenditures for any year to be more or less than the expenditures which would have been made if such actions had not been taken.". (c) STANDARDS.— The Secretary shall as soon as practicable establish service standards for persons seeking payment under part B of title XVIII of the Social Security Act for the providing of oxygen and oxygen equipment to beneficiaries within their homes. (d) ACCESS TO HOME OXYGEN EQUIPMENT. — (1) STUDY.— The Comptroller General of the United States shall study issues relating to access to home oxygen equipment and shall, within 18 months after the date of the enactment of this Act, report to the Committees on Commerce and Ways and Means of the House of Representatives and the Committee on Finance of the Senate the results of the study, including recommendations (if any) for legislation. (2) PEER REVIEW EVALUATION. —The Secretary of Health and Human Services shall arrange for peer review organizations established under section 1154 of the Social Security Act to evaluate access to, and quality of, home oxygen equipment. (e) EFFECTIVE DATE.— 42 USC 1395 note. 42 USC 1395m note. 42 USC 1395m note. Reports. 42 USC 1395m note.

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