Page:United States Statutes at Large Volume 117.djvu/2254

 PUBLIC LAW 108–173—DEC. 8, 2003

117 STAT. 2235

relative value units for a level 1 office medical visit for an established patient. ‘‘(iv) DRUG ADMINISTRATION SERVICES DESCRIBED.— The drug administration services described in this clause are physicians’ services— ‘‘(I) which are classified as of October 1, 2003, within any of the following groups of procedures: therapeutic or diagnostic infusions (excluding chemotherapy); chemotherapy administration services; and therapeutic, prophylactic, or diagnostic injections; ‘‘(II) for which there are no work relative value units assigned under this subsection as of such date; and ‘‘(III) for which national relative value units have been assigned under this subsection as of such date. ‘‘(I) ADJUSTMENTS IN PRACTICE EXPENSE RELATIVE VALUE UNITS FOR CERTAIN DRUG ADMINISTRATION SERVICES BEGINNING WITH 2005.— ‘‘(i) IN GENERAL.—In establishing the physician fee

schedule under subsection (b) with respect to payments for services furnished on or after January 1, 2005 or 2006, the Secretary shall adjust the practice expense relative value units for such year consistent with clause (ii). ‘‘(ii) USE OF SUPPLEMENTAL SURVEY DATA.— ‘‘(I) IN GENERAL.—Subject to subclause (II), if a specialty submits to the Secretary by not later than March 1, 2004, for 2005, or March 1, 2005, for 2006, data that includes expenses for the administration of drugs and biologicals for which the payment amount is determined pursuant to section 1842(o), the Secretary shall use such supplemental survey data in carrying out this subparagraph for the years involved insofar as they are collected and provided by entities and organizations consistent with the criteria established by the Secretary pursuant to section 212(a) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999. ‘‘(II) LIMITATION ON SPECIALTY.—Subclause (I) shall apply to a specialty only insofar as not less than 40 percent of payments for the specialty under this title in 2002 are attributable to the administration of drugs and biologicals, as determined by the Secretary. ‘‘(III) APPLICATION.—This clause shall not apply with respect to a survey to which subparagraph (H)(i) applies. ‘‘(J) PROVISIONS FOR APPROPRIATE REPORTING AND BILLING FOR PHYSICIANS’ SERVICES ASSOCIATED WITH THE ADMINISTRATION OF COVERED OUTPATIENT DRUGS BIOLOGICALS.— ‘‘(i) EVALUATION OF CODES.—The Secretary

AND

shall promptly evaluate existing drug administration codes for physicians’ services to ensure accurate reporting

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