Page:United States Statutes at Large Volume 112 Part 3.djvu/35

 PUBLIC LAW 105-248—OCT. 9, 1998 112 STAT. 1865 SEC. 5. CLARIFICATION OF FACILITIES' RESPONSIBILITY TO RETAIN MAMMOGRAM RECORDS. Section 354(f)(1)(G) of the Public Health Service Act (42 U.S.C. 263b(f)(l)(G)) is amended by striking clause (i) and inserting the following: "(i) a facility that performs any mammogram— "(I) except as provided in subclause (II), maintain the mammogram in the permanent medical records of the patient for a period of not less than 5 years, or not less than 10 years if no subsequent mammograms of such patient are performed at the facility, or longer if mandated by State law; and "(II) upon the request of or on behalf of the patient, transfer the mammogram to a medical institution, to a physician of the patient, or to the patient directly; and". SEC. 6. DIRECT REPORTS TO PATIENTS. Section 354(f)(l)(G)(ii) of the Public Health Service Act (42 U.S.C. 263b(f)(l)(G)(ii)) is amended by striking subclause (IV) and inserting the following: "(IV) whether or not such a physician is available or there is no such physician, a summary of the written report shall be sent directly to the patient in terms easily understood by a lay person; and'. SEC. 7. SCOPE OF INSPECTIONS. Section 354(g)(1)(A) of the Public Health Service Act (42 U.S.C. 263b(g)(l)(A)) is amended in the first sentence— (1) by striking "certified"; and (2) by inserting "the certification requirements under subsection (b) and" after "compliance with". SEC. 8. DEMONSTRATION PROGRAM REGARDING FREQUENCY OF INSPECTIONS. Section 354(g) of the Public Health Service Act (42 U.S.C. 263b(g)) is amended— (1) in paragraph (1)(E), by inserting ", subject to paragraph (6)" before the period; and (2) by adding at the end the following paragraph: "(6) DEMONSTRATION PROGRAM. — "(A) IN GENERAL. —The Secretary may establish a demonstration program under which inspections under paragraph (1) of selected facilities are conducted less frequently by the Secretary (or as applicable, by State or local agencies acting on behalf of the Secretary) than the interval specified in subparagraph (E) of such paragraph. " (B) REQUIREMENTS. —^ ^y demonstration program under subparagraph (A) shall be carried out in accordance with the following: "(i) The program may not be implemented before April 1, 2001. Preparations for the program may be carried out prior to such date. "(ii) In carrying out the program, the Secretary may not select a facility for inclusion in the program unless the facility is substantially free of incidents of noncompliance with the standards under subsection

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