Page:United States Statutes at Large Volume 111 Part 1.djvu/486

 Ill STAT. 462 PUBLIC LAW 105-33—AUG. 5, 1997 part may implement changes relating to requirements for the submission of a claim for clinical diagnostic laboratory tests. (4) USE OF INTERIM POLICIES. —After the date the Secretary first implements such national policies, the Secretary shall permit any carrier to develop and implement interim policies of the type described in paragraph (1), in accordance with guidelines established by the Secretary, in cases in which a uniform national policy has not been established under this subsection and there is a demonstrated need for a policy to respond to aberrant utilization or provision of unnecessary tests. Except as the Secretary specifically permits, no policy shall be implemented under this paragraph for a period of longer than 2 years. (5) INTERIM NATIONAL POLICIES.— After the date the Secretary first designates regional carriers under subsection (a), the Secretary shall establish a process under which designated carriers can collectively develop and implement interim national policies of the type described in paragraph (1). No such policy shall be implemented under this paragraph for a period of longer than 2 years. (6) BIENNIAL REVIEW PROCESS. — Not less often than once every 2 years, the Secretary shall solicit and review comments regarding changes in the national policies established under this subsection. As part of such biennial review process, the Secretary shall specifically review and consider whether to incorporate or supersede interim policies developed under paragraph (4) or (5). Based upon such review, the Secretary may provide for appropriate changes in the national policies previously adopted under this subsection. (7) REQUIREMENT AND NOTICE.— The Secretary shall ensure that any policies adopted under paragraph (3), (4), or (5) shall apply to all laboratory claims payable under part B of title XVIII of the Social Security Act, and shall provide for advance notice to interested parties and a 45-day period in which such parties may submit comments on the proposed change. (c) INCLUSION OF LABORATORY REPRESENTATIVE ON CARRIER ADVISORY COMMITTEES.— The Secretary shall direct that any advisory committee established by a carrier to advise such carrier with respect to coverage and administrative policies under part B of title XVIII of the Social Security Act shall include an individual to represent the independent clinical laboratories and such other laboratories as the Secretary deems appropriate. The Secretary shall consider recommendations from national and local organizations that represent independent clinical laboratories in such selection. SEC. 4555. UPDATES FOR AMBULATORY SURGICAL SERVICES. Section 1833(i)(2)(C) (42 U.S.C. 13951(i)(2)(C)) is amended by inserting at the end the following new sentence: "In each of the fiscal years 1998 through 2002, the increase under this subparagraph shall be reduced (but not below zero) by 2.0 percentage points.". SEC. 4556. REIMBURSEMENT FOR DRUGS AND BIOLOGICALS. (a) IN GENERAL. —Section 1842 (42 U.S.C. 1395u) is amended by inserting after subsection (n) the following new subsection: "(o)(l) If a physician's, supplier's, or any other person's bill or request for payment for services includes a charge for a drug

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