Page:United States Statutes at Large Volume 120.djvu/3014

 PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 2983

(H) Methods for implementing the proposal, including methods to phase-in such implementation. (I) Issues relating to occupational mix, such as staffing practices and any evidence on the effect on quality of care and patient safety and any recommendations for alternative calculations. (c) ELIMINATION OF UNNECESSARY REPORT.—Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended— (1) in subsection (d)(4)(C), by striking clause (iv); and (2) in subsection (e), by striking paragraph (3). SEC. 107. PAYMENT FOR BRACHYTHERAPY.

(a) EXTENSION OF PAYMENT RULE.—Section 1833(t)(16)(C) of the Social Security Act (42 U.S.C. 1395l(t)(16)(C)) is amended by striking ‘‘January 1, 2007’’ and inserting ‘‘January 1, 2008’’. (b) ESTABLISHMENT OF SEPARATE PAYMENT GROUPS.— (1) IN GENERAL.—Section 1833(t)(2)(H) of such Act (42 U.S.C. 1395l(t)(2)(H)) is amended by inserting ‘‘and for stranded and non-stranded devices furnished on or after July 1, 2007’’ before the period at the end. (2) IMPLEMENTATION.—The Secretary of Health and Human Services may implement the amendment made by paragraph (1) by program instruction or otherwise.

42 USC 1395l note.

SEC. 108. PAYMENT PROCESS UNDER THE COMPETITIVE ACQUISITION PROGRAM (CAP).

(a) IN GENERAL.—Section 1847B(a)(3) of the Social Security Act (42 U.S.C. 1395w–3b(a)(3)) is amended— (1) in subparagraph (A)(iii), by striking ‘‘and biologicals’’ and all that follows and inserting ‘‘and biologicals shall be made only to such contractor upon receipt of a claim for a drug or biological supplied by the contractor for administration to a beneficiary.’’; and (2) by adding at the end the following new subparagraph: ‘‘(D) POST-PAYMENT REVIEW PROCESS.—The Secretary shall establish (by program instruction or otherwise) a post-payment review process (which may include the use of statistical sampling) to assure that payment is made for a drug or biological under this section only if the drug or biological has been administered to a beneficiary. The Secretary shall recoup, offset, or collect any overpayments determined by the Secretary under such process.’’. (b) CONSTRUCTION.—Nothing in this section shall be construed as— (1) requiring the conduct of any additional competition under subsection (b)(1) of section 1847B of the Social Security Act (42 U.S.C. 1395w–3b); or (2) requiring any additional process for elections by physicians under subsection (a)(1)(A)(ii) of such section or additional selection by a selecting physician of a contractor under subsection (a)(5) of such section. (c) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to payment for drugs and biologicals supplied under section 1847B of the Social Security Act (42 U.S.C. 1395w–3b)— (1) on or after April 1, 2007; and (2) on or after July 1, 2006, and before April 1, 2007, for claims that are unpaid as of April 1, 2007.

VerDate 14-DEC-2004

09:16 Jul 13, 2007

Jkt 059194

PO 00003

Frm 00462

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL003.109

42 USC 1395w–3b note.

42 USC 1395w–3b note.

APPS06

PsN: PUBL003

�