Page:United States Statutes at Large Volume 120.djvu/71

 120 STAT. 40

PUBLIC LAW 109–171—FEB. 8, 2006 adjustment factor described in paragraph (1)(C), exceeds ‘‘(ii) the Medicare OPD fee schedule amount established under the prospective payment system for hospital outpatient department services under paragraph (3)(D) of section 1833(t) for such service for such year, determined without regard to geographic adjustment under paragraph (2)(D) of such section, the Secretary shall substitute the amount described in clause (ii), adjusted by the geographic adjustment factor described in paragraph (1)(C), for the fee schedule amount for such technical component for such year. ‘‘(B) IMAGING SERVICES DESCRIBED.—For purposes of subparagraph (A), imaging services described in this subparagraph are imaging and computer-assisted imaging services, including X-ray, ultrasound (including echocardiography), nuclear medicine (including positron emission tomography), magnetic resonance imaging, computed tomography, and fluoroscopy, but excluding diagnostic and screening mammography.’’; and (2) in subsection (c)(2)(B)(v), as added by subsection (a)(3), by adding at the end the following new subclause: ‘‘(II) OPD PAYMENT CAP FOR IMAGING SERVICES.—Effective for fee schedules established beginning with 2007, reduced expenditures attributable to subsection (b)(4).’’. SEC. 5103. LIMITATION ON PAYMENTS FOR PROCEDURES IN AMBULATORY SURGICAL CENTERS.

Section 1833(i)(2) of the Social Security Act (42 U.S.C. 1395l(i)(2)) is amended— (1) in subparagraph (A), by inserting ‘‘subject to subparagraph (E),’’ after ‘‘subparagraph (D),’’; (2) in subparagraph (D)(ii), by inserting before the period at the end the following: ‘‘and taking into account reduced expenditures that would apply if subparagraph (E) were to continue to apply, as estimated by the Secretary’’; and (3) by adding at the end the following new subparagraph: ‘‘(E) With respect to surgical procedures furnished on or after January 1, 2007, and before the effective date of the implementation of a revised payment system under subparagraph (D), if— ‘‘(i) the standard overhead amount under subparagraph (A) for a facility service for such procedure, without the application of any geographic adjustment, exceeds ‘‘(ii) the Medicare OPD fee schedule amount established under the prospective payment system for hospital outpatient department services under paragraph (3)(D) of section 1833(t) for such service for such year, determined without regard to geographic adjustment under paragraph (2)(D) of such section, the Secretary shall substitute under subparagraph (A) the amount described in clause (ii) for the standard overhead amount for such service referred to in clause (i).’’. SEC. 5104. UPDATE FOR PHYSICIANS’ SERVICES FOR 2006.

(a) UPDATE FOR 2006.—Section 1848(d) of the Social Security Act (42 U.S.C. 1395w–4(d)) is amended—

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