Page:United States Statutes at Large Volume 116 Part 1.djvu/654

 / 116 STAT. 628 PUBLIC LAW 107-188—JUNE 12, 2002 is authorized, subject to the provisions of this section, to temporarily waive or modify the appHcation of, with respect to health care items and services furnished by a health care provider (or classes of health care providers) in any emergency area (or portion of such an area) during any portion of an emergency period, the requirements of titles XVIII, XIX, or XXI, or any regulation thereunder (and the requirements of this title other than this section, and regulations thereunder, insofar as they relate to such titles), pertaining to— "(1)(A) conditions of participation or other certification requirements for an individual health care provider or types of providers, "(B) program participation and similar requirements for an individual health care provider or types of providers, and "(C) pre-approval requirements; "(2) requirements that physicians and other health care professionals be licensed in the State in which they provide such services, if they have equivalent licensing in another State and are not affirmatively excluded from practice in that State or in any State a part of which is included in the emergency area; "(3) sanctions under section 1867 (relating to examination and treatment for emergency medical conditions and women in labor) for a transfer of an individual who has not been stabilized in violation of subsection (c) of such section if the transfer arises out of the circumstances of the emergency; "(4) sanctions under section 1877(g) (relating to limitations on physician referral); "(5) deadlines and timetables for performance of required activities, except that such deadlines and timetables may only be modified, not waived; and "(6) limitations" on payments under section 185l(i) for health care items and services furnished to individuals enrolled in a Medicare+Choice plan by health care professionals or facilities not included under such plan. Insofar as the Secretary exercises authority under paragraph (6) with respect to individuals enrolled in a Medicare+Choice plan, to the extent possible given the circumstances, the Secretary shall reconcile payments made on behalf of such enrollees to ensure that the enrollees do not pay more than would be required had they received services from providers within the network of the plan and may reconcile payments to the organization offering the plan to ensure that such organization pays for services for which payment is included in the capitation payment it receives under parte of title XVIII. "(c) AUTHORITY FOR RETROACTIVE WAIVER.— ^A waiver or modification of requirements pursuant to this section may, at the Secretary's discretion, be made retroactive to the beginning of the emergency period or any subsequent date in such period specified by the Secretary. "(d) CERTIFICATION TO CONGRESS.— The Secretary shall provide a certification and advance written notice to the Congress at least two days before exercising the authority under this section with respect to an emergency area. Such a certification and notice shall include— "(1) a description of—

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