Page:United States Statutes at Large Volume 112 Part 4.djvu/946

 112 STAT. 2681-917 PUBLIC LAW 105-277—OCT. 21, 1998 42 USC 1320a- 7a note. 42 USC 1320a- 7a note. 42 USC 1320a- 7a note. 42 USC 1395b-6 note. (1) 2-YEAR LIMITATION.— Section 1128A of such Act (42 U.S.C. 1320a-7a) is amended by adding at the end the following: "(n)(l) Subparagraph (B) of subsection (i)(6) shall not apply to a practice described in paragraph (2) unless— "(A) the Secretary, through the Inspector General of the Department of Health and Human Services, promulgates a rule authorizing such a practice as an exception to remuneration; and "(B) the remuneration is offered or transferred by a person under such rule during the 2-year period beginning on the date the rule is first promulgated. "(2) A practice described in this paragraph is a practice under which a health care provider or facility pays, in whole or in part, premiums for medicare supplemental policies for individuals entitled to benefits under part A of title XVIII pursuant to section 226A.". (2) GAO STUDY AND REPORT ON IMPACT OF SAFE HARBOR ON MEDIGAP POLICIES.— I f a permissible practice is promulgated under section 1128A(n)(l)(A) of the Social Security Act (as added by paragraph (1)), the Comptroller General of the United States shall conduct a study that compares any disproportionate impact on specific issuers of medicare supplemental policies (including the impact on premiums for non-ESRD medicare beneficiaries enrolled in such policies) due to adverse selection in enrolling medicare ESRD beneficiaries before the enactment of the Health Insurance Portability and Accountability Act of 1996 and 1 year after the date of promulgation of such permissible practice under section 1128A(n)(l)(A) of the Social Security Act. Not later than 18 months after the date of promulgation of such practice, the Comptroller General shall submit a report to Congress on such study and shall include in the report recommendations concerning whether the time limitation imposed under section 1128A(n)(l)(B) of such Act should be extended. (c) EXTENSION OF ADVISORY OPINION AUTHORITY.—Section 1128D(b)(2)(A) of such Act (42 U.S.C. 1320a-7d(b)(2)(A)) is amended by inserting "or section 1128A(i)(6)" after "1128B(b)". (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act. (e) INTERIM FINAL RULEMAKING AUTHORITY. —The Secretary of Health and Human Services may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment, in order to implement the amendments made by this section in a timely manner. SEC. 5202. EXPANSION OF MEMBERSHIP OF MEDPAC TO 17. (a) IN GENERAL.—Section 1805(c)(1) of the Social Security Act (42 U.S.C. 1395b-6(c)(l)), as added by section 4022 of the Balanced Budget Act of 1997, is amended by striking "15" and inserting " 17". (b) INITIAL TERMS OF ADDITIONAL MEMBERS. — (1) IN GENERAL.— For purposes of staggering the initial terms of members of the Medicare Payment Advisory Commission (under section 1805(c)(3) of such Act (42 U.S.C. 1395b- 6(c)(3)), the initial terms of the two additional members of

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