Page:United States Statutes at Large Volume 117.djvu/2301

 117 STAT. 2282

42 USC 1395b–1.

42 USC 1395l–4.

PUBLIC LAW 108–173—DEC. 8, 2003

service, or an entity under common ownership with the entity furnishing the air ambulance service, or a financial relationship between an immediate family member of such requester and such an entity. ‘‘(ii) EXCEPTION.—Where a hospital and the entity furnishing rural air ambulance services are under common ownership, clause (i) shall not apply to remuneration (through employment or other relationship) by the hospital of the requester or immediate family member if the remuneration is for provider-based physician services furnished in a hospital (as described in section 1887) which are reimbursed under part A and the amount of the remuneration is unrelated directly or indirectly to the provision of rural air ambulance services.’’. (b) CONFORMING AMENDMENT.—Section 1861(s)(7) (42 U.S.C. 1395x(s)(7)) is amended by inserting ‘‘, subject to section 1834(l)(14),’’ after ‘‘but’’. (c) EFFECTIVE DATE.—The amendments made by this subsection shall apply to services furnished on or after January 1, 2005. SEC. 416. TREATMENT OF CERTAIN CLINICAL DIAGNOSTIC LABORATORY TESTS FURNISHED TO HOSPITAL OUTPATIENTS IN CERTAIN RURAL AREAS.

(a) IN GENERAL.—Notwithstanding subsections (a), (b), and (h) of section 1833 of the Social Security Act (42 U.S.C. 1395l) and section 1834(d)(1) of such Act (42 U.S.C. 1395m(d)(1)), in the case of a clinical diagnostic laboratory test covered under part B of title XVIII of such Act that is furnished during a cost reporting period described in subsection (b) by a hospital with fewer than 50 beds that is located in a qualified rural area (identified under paragraph (12)(B)(iii) of section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as added by section 414(c)) as part of outpatient services of the hospital, the amount of payment for such test shall be 100 percent of the reasonable costs of the hospital in furnishing such test. (b) APPLICATION.—A cost reporting period described in this subsection is a cost reporting period beginning during the 2-year period beginning on July 1, 2004. (c) PROVISION AS PART OF OUTPATIENT HOSPITAL SERVICES.— For purposes of subsection (a), in determining whether clinical diagnostic laboratory services are furnished as part of outpatient services of a hospital, the Secretary shall apply the same rules that are used to determine whether clinical diagnostic laboratory services are furnished as an outpatient critical access hospital service under section 1834(g)(4) of the Social Security Act (42 U.S.C. 1395m(g)(4)).

Applicability.

SEC. 417. EXTENSION OF TELEMEDICINE DEMONSTRATION PROJECT. 42 USC 1395b–1 note.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

Section 4207 of the Balanced Budget Act of 1997 (Public Law 105–33) is amended— (1) in subsection (a)(4), by striking ‘‘4-year’’ and inserting ‘‘8-year’’; and (2) in subsection (d)(3), by striking ‘‘$30,000,000’’ and inserting ‘‘$60,000,000’’.

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