Page:United States Statutes at Large Volume 113 Part 2.djvu/905

 PUBLIC LAW 106-113—APPENDIX F 113 STAT. 1501A-387 "(B) notwithstanding subparagraph (H)(i), the plan may specify or Hmit the provider (or providers) of post-hospital home health services or other post-hospital services under the plan.". SEC. 522. USER FEE FOR MEDICARE+CHOICE ORCJANIZATIONS BASED ON NUMBER OF ENROLLED BENEFICLUIIES. (a) IN GENERAL.— Section 1857(e)(2) (42 U.S.C. 1395w-27(e)(2)) is amended— (1) in subparagraph (B), by striking "Any amounts collected are authorized to be appropriated only for" and inserting "Any amounts collected shall be available without further appropriation to the Secretary for"; (2) by amending subparagraph (C) to read as follows: "(C) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated for the purposes described in subparagraph (B) for each fiscal year beginning with fiscal year 2001 an amount equal to $100,000,000, reduced by the amount of fees authorized to be collected under this paragraph for the fiscal year."; (3) in subparagraph (D)(ii)— (A) in subclause (II), by striking "and"; (B) in subclause (III), by striking " and each subsequent fiscal year." and inserting "; and"; and (C) by adding at the end the following: "(IV) the Medicare+Choice portion (as defined in subparagraph (E)) of $100,000,000 in fiscal year 2001 and each succeeding fiscal year."; and (4) by adding at the end the following: "(E) MEDICARE+CHOICE PORTION DEFINED. —In this paragraph, the term 'Medicare+Choice portion' means, for a fiscal year, the ratio, as estimated by the Secretary, of— "(i) the average number of individuals enrolled in Medicare+Choice plans during the fiscal year, to "(ii) the average number of individuals entitled to benefits under part A, and enrolled under part B, during the fiscal year.". (b) EFFECTIVE DATE. —The amendments made by subsection (a) apply to fees charged on or after January 1, 2001. The Secretary of Health and Human Services may not increase the fees charged under section 1857(e)(2) of the Social Security Act (42 U.S.C. 1395w-27(e)(2)) for the 3-month period beginning with October 2000 above the level in effect during the previous 9-month period. SEC. 523. CLARIFICATION REGARDING THE ABILITY OF A RELIGIOUS FRATERNAL BENEFIT SOCIETY TO OPERATE ANY MEDICARE+CHOICE PLAN. Section 1859(e)(2) (42 U.S.C. 1395w-29(e)(2)) is amended in the matter preceding subparagraph (A) by striking "section 1851(a)(2)(A)" and inserting "section 1851(a)(2)". SEC. 524. RULES REGARDING PHYSICIAN REFERRALS FOR MEDICARE+CHOICE PROGRAM. (a) IN GENERAL. —Section 1877(b)(3) (42 U.S.C. 1395nn(b)(3)) is amended— (1) in subparagraph (C), by striking "or" at the end; (3) by adding at the end the following:

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