Page:United States Statutes at Large Volume 114 Part 5.djvu/552

 114 STAT. 2763A-512 PUBLIC LAW 106-554—APPENDIX F care items and services, cost-effectiveness, beneficiary satisfaction, and such other factors as the Secretary finds appropriate. The eligibihty of individuals or entities for the initial award, continuation, and renewal of agreements to provide health care items and services under the program shall be conditioned, at a minimum, on performance that meets or exceeds such standards. "(6) ADMINISTRATIVE REVIEW OF DECISIONS AFFECTING INDIVIDUALS AND ENTITIES FURNISHING SERVICES. — An individual or entity furnishing services under the demonstration program shall be entitled to a review by the program administrator (or, if the Secretary has not contracted with a program administrator, by the Secretary) of a decision not to enter into, or to terminate, or not to renew, an agreement with the entity to provide health care items or services under the program. "(7) SECRETARY'S REVIEW OF MARKETING MATERIALS. — An agreement with an individual or entity furnishing services under the demonstration program shall require the individual or entity to guarantee that it will not distribute materials that market items or services under the program without the Secretary's prior review and approval. " (8) PAYMENT IN FULL. — "(A) IN GENERAL. —Except as provided in subparagraph (B), an individual or entity receiving payment from the Secretary under a contract or agreement under the demonstration program shall agree to accept such payment as payment in full, and such payment shall be in lieu of any payments to which the individual or entity would otherwise be entitled under this title. "(B) COLLECTION OF DEDUCTIBLES AND COINSURANCE. — Such individual or entity may collect any applicable deductible or coinsurance amount from a beneficiary. "(b) CONTRACTS FOR PROGRAM ADMINISTRATION.— "(1) IN GENERAL. — The Secretary may administer the demonstration program through a contract with a program administrator in accordance with the provisions of this subsection. "(2) SCOPE OF PROGRAM ADMINISTRATOR CONTRACTS. —The Secretary may enter into such contracts for a limited geographic area, or on a regional or national basis. "(3) ELIGIBLE CONTRACTORS. — The Secretary may contract for the administration of the program with— "(A) an entity that, under a contract under section 1816 or 1842, determines the amount of and makes pay- ments for health care items and services furnished under this title; or "(B) any other entity with substantial experience in managing the type of program concerned. "(4) CONTRACT AWARD, DURATION, AND RENEWAL. — "(A) IN GENERAL.—^A contract under this subsection shall be for an initial term of up to three years, renewable for additional terms of up to three years. " (B) NONCOMPETITIVE AWARD AND RENEWAL FOR ENTI- TIES ADMINISTERING PART A OR PART B PAYMENTS. —The Secretary may enter or renew a contract under this subsection with an entity described in paragraph (3)(A) without regard to the requirements of section 5 of title 41, United States Code.

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