Page:United States Statutes at Large Volume 112 Part 4.djvu/942

 112 STAT. 2681-913 PUBLIC LAW 105-277—OCT. 21, 1998 460(b)(1)" and by striking "section 460(b)(4)" and inserting "section 460(b)(3)". (3) Paragraph (10) of section 2031(c) of the 1986 Code is amended by striking "section 2033A(e)(3)" and inserting "section 2057(e)(3)". (4) Subparagraphs (C) and (D) of section 6693(a)(2) of the 1986 Code are each amended by striking "Section" and inserting "section". TITLE V—MEDICARE-RELATED PROVISIONS Subtitle A—Home Health SEC. 5101. INCREASE IN PER BENEFICIARY LIMITS AND PER VISIT PAYMENT LIMITS FOR PAYMENT FOR HOME HEALTH SERVICES. (a) INCREASE IN PER BENEFICIARY LIMITS. —Sectibn 1861(v)(l)(L) of the Social Security Act (42 U.S.C. 1395x(v)(l)(L)) is amended— (1) in the first sentence of clause (v), by inserting "subject to clause (viii)(I)," before "the Secretary"; (2) in clause (vi)(I), by inserting "subject to clauses (viiDdl) and (viii)(III)" after "fiscal year 1994"; and (3) by adding at the end the following new clause: "(viii)(I) In the case of a provider with a 12-month cost reporting period ending in fiscal year 1994, if the limit imposed under clause (v) (determined without regard to this subclause) for a cost reporting period beginning during or after fiscal year 1999 is less than the median described in clause (vi)(I) (but determined as if any reference in clause (v) to '98 percent' were a reference to '100 percent'), the limit otherwise imposed under clause (v) for such provider and period shall be increased by Vs of such difference. "(II) Subject to subclause (IV), for new providers and those providers without a 12-month cost reporting period ending in fiscal year 1994, but for which the first cost reporting period begins before fiscal year 1999, for cost reporting periods beginning during or after fiscal year 1999, the per beneficiary limitation described in clause (vi)(I) shall be equal to the median described in such clause (determined as if any reference in clause (v) to '98 percent' were a reference to '100 percent'). "(Ill) Subject to subclause (IV), in the case of a new provider for which the first cost reporting period begins during or after fiscal year 1999, the limitation applied under clause (vi)(I) (but only with respect to such provider) shall be equal to 75 percent of the median described in clause (vi)(I). "(IV) In the case of a new provider or a provider without a 12-month cost reporting period ending in fiscal year 1994, subclause (II) shall apply, instead of subclause (III), to a home health agency which filed an application for home health agency provider status under this title before September 15, 1998, or which was approved as a branch of its parent agency before such date and becomes a subunit of the parent agency or a separate agency on or after such date. "(V) Each of the amounts specified in subclauses (I) through (III) are such amounts as adjusted under clause (iii) to reflect variations in wages among different areas.".

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