Page:United States Statutes at Large Volume 117.djvu/2373

 117 STAT. 2354

42 USC 1395b–6 note. Deadlines.

42 USC 1395b–6 note.

PUBLIC LAW 108–173—DEC. 8, 2003

the budget consequences of such recommendations, directly or through consultation with appropriate expert entities.’’. (b) CONSIDERATION OF EFFICIENT PROVISION OF SERVICES.— Section 1805(b)(2)(B)(i) (42 U.S.C. 1395b–6(b)(2)(B)(i)) is amended by inserting ‘‘the efficient provision of’’ after ‘‘expenditures for’’. (c) APPLICATION OF DISCLOSURE REQUIREMENTS.— (1) IN GENERAL.—Section 1805(c)(2)(D) (42 U.S.C. 1395b– 6(c)(2)(D)) is amended by adding at the end the following: ‘‘Members of the Commission shall be treated as employees of Congress for purposes of applying title I of the Ethics in Government Act of 1978 (Public Law 95–521).’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on January 1, 2004. (d) ADDITIONAL REPORTS.— (1) DATA NEEDS AND SOURCES.—The Medicare Payment Advisory Commission shall conduct a study, and submit a report to Congress by not later than June 1, 2004, on the need for current data, and sources of current data available, to determine the solvency and financial circumstances of hospitals and other medicare providers of services. (2) USE OF TAX-RELATED RETURNS.—Using return information provided under Form 990 of the Internal Revenue Service, the Commission shall submit to Congress, by not later than June 1, 2004, a report on the following: (A) Investments, endowments, and fundraising of hospitals participating under the medicare program and related foundations. (B) Access to capital financing for private and for notfor-profit hospitals. (e) REPRESENTATION OF EXPERTS IN PRESCRIPTION DRUGS.— (1) IN GENERAL.—Section 1805(c)(2)(B) (42 U.S.C. 1395b– 6(c)(2)(B)) is amended by inserting ‘‘experts in the area of pharmaco-economics or prescription drug benefit programs,’’ after ‘‘other health professionals,’’. (2) APPOINTMENT.—The Comptroller General of the United States shall ensure that the membership of the Commission complies with the amendment made by paragraph (1) with respect to appointments made on or after the date of the enactment of this Act. SEC. 736. TECHNICAL AMENDMENTS.

(a) PART A.—(1) Section 1814(a) (42 U.S.C. 1395f(a)) is amended— (A) by striking the seventh sentence, as added by section 322(a)(1) of BIPA (114 Stat. 2763A–501); and (B) in paragraph (7)(A)— (i) in clause (i), by inserting before the comma at the end the following: ‘‘based on the physician’s or medical director’s clinical judgment regarding the normal course of the individual’s illness’’; and (ii) in clause (ii), by inserting before the semicolon at the end the following: ‘‘based on such clinical judgment’’. (2) Section 1814(b) (42 U.S.C. 1395f(b)), in the matter preceding paragraph (1), is amended by inserting a comma after ‘‘1813’’. (3) Section 1815(e)(1)(B) (42 U.S.C. 1395g(e)(1)(B)), in the matter preceding clause (i), is amended by striking ‘‘of hospital’’ and inserting ‘‘of a hospital’’.

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