Page:United States Statutes at Large Volume 114 Part 5.djvu/587

 PUBLIC LAW 106-554-APPENDIX F 114 STAT. 2763A-547 "(2) If an advisory committee described in paragraph (1) organizes into panels of experts according to types of items or services considered by the advisory committee, any such panel of experts may report any recommendation with respect to such items or services directly to the Secretary without the prior approval of the advisory committee or an executive committee thereof". (d) EFFECTIVE DATE.— The amendments made by this section shall apply with respect to— (1) a review of any national or local coverage determination filed, (2) a request to make such a determination made, and (3) a national coverage determination made, on or after October 1, 2001. Subtitle D—Improving Access to New Technologies SEC. 531. REIMBURSEMENT IMPROVEMENTS FOR NEW CLINICAL LAB- ORATORY TESTS AND DURABLE MEDICAL EQUIPMENT. (a) PAYMENT RULE FOR NEW LABORATORY TESTS. —Section 1833(h)(4)(B)(viii) (42 U.S.C. 13951(h)(4)(B)(viii)) is amended by inserting before the period at the end the following: "(or 100 percent of such median in the case of a clinical diagnostic laboratory test performed on or after January 1, 2001, that the Secretary determines is a new test for which no limitation amount has previously been established under this subparagraph)". (b) ESTABLISHMENT OF CODING AND PAYMENT PROCEDURES FOR NEW CLINICAL DIAGNOSTIC LABORATORY TESTS AND OTHER ITEMS ON A FEE SCHEDULE.— Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish procedures for coding and payment determinations for the categories of new clinical diagnostic laboratory tests and new durable medical equipment under part B of title XVIII of the Social Security Act that permit public consultation in a manner consistent with the procedures established for implementing coding modifications for ICD-9 -CM. (c) REPORT ON PROCEDURES USED FOR ADVANCED, IMPROVED TECHNOLOGIES.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that identifies the specific procedures used by the Secretary under part B of title XVIII of the Social Security Act to adjust payments for clinical diagnostic laboratory tests and durable medical equipment which are classified to existing codes where, because of an advance in technology with respect to the test or equipment, there has been a significant increase or decrease in the resources used in the test or in the manufacture of the equipment, and there has been a significant improvement in the performance of the test or equipment. The report shall include such recommendations for changes in law as may be necessary to assure fair and appropriate payment levels under such part for such improved tests and equipment as reflects increased costs necessary to produce improved results. SEC. 532. RETENTION OF HCPCS LEVEL ID CODES. (a) IN GENERAL. —The Secretary of Health and Human Services shall maintain and continue the use of level III codes of the HCPCS

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