Page:United States Statutes at Large Volume 114 Part 5.djvu/557

 PUBLIC LAW 106-554—APPENDIX F 114 STAT. 2763A-517 the mix of labor and nonlabor goods and services included in the ESRD composite rate under section 1881(b)(7) of the Social Security Act (42 U.S.C. 1395rr(b)(7)) will exceed the costs of such mix of goods and services for the preceding year. In developing such index, the Secretary may take into account measures of changes in— (A) technology used in furnishing dialysis services; (B) the manner or method of furnishing dialysis services; and (C) the amounts by which the payments under such section for all services billed by a facility for a year exceed the aggregate allowable audited costs of such services for such facility for such year. (2) REPORT. — The Secretary of Health and Human Services shall submit to Congress a report on the index developed under paragraph (1) no later than July 1, 2002, and shall include in the report recommendations on the appropriateness of an annual or periodic update mechanism for renal dialysis services under the medicare program under title XVIII of the Social Security Act based on such index. (c) INCLUSION OF ADDITIONAL SERVICES IN COMPOSITE RATE.— (1) DEVELOPMENT. — The Secretary of Health and Human Services shall develop a system which includes, to the maximum extent feasible, in the composite rate used for payment under section 1881(b)(7) of the Social Security Act (42 U.S.C. 1395rr(b)(7)), payment for clinical diagnostic laboratory tests and drugs (including drugs paid under section 1881(b)(ll)(B) of such Act (42 U.S.C. 1395rr(b)(ll)(B)) that are routinely used in furnishing dialysis services to medicare beneficiaries but which are currently separately billable by renal dialysis facilities. (2) REPORT.— The Secretary shall include, as part of the report submitted under subsection (b)(2), a report on the system developed under paragraph (1) and recommendations on the appropriateness of incorporating the system into medicare pay- ment for renal dialysis services. (d) GAO STUDY ON ACCESS TO SERVICES.— (1) STUDY. — The Comptroller General of the United States shall study access of medicare beneficiaries to renal dialysis services. Such study shall include whether there is a sufficient supply of facilities to furnish needed renal dialysis services, whether medicare payment levels are appropriate, taking into account audited costs of facilities for all services furnished, to ensure continued access to such services, and improvements in access (and quality of care) that may result in the increased use of long nightly and short daily hemodialysis modalities. (2) REPORT. —Not later than January 1, 2003, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1). (e) SPECLVL RULE FOR PAYMENT FOR 2001.—Notwithstanding the amendment made by subsection (a)(1), for purposes of making payments under section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) for dialysis services furnished during 2001, the composite rate payment under paragraph (7) of such section— (1) for services furnished on or after January 1, 2001, and before April 1, 2001, shall be the composite rate payment

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