Page:United States Statutes at Large Volume 122.djvu/2587

 12 2 STA T . 2 564PUBLIC LA W 11 0– 2 7 5 —J UL Y 15, 200 8(3)CONF O RMI N GDELAY.—Subsection s( a )( 1 )( F )an d ( h )(1)( H )o f section 1 8 3 4 of the Socia l Secu r it yA ct (4 2U .S.C. 13 95m ) are each amended by stri k in g‘ ‘ J anuary 1 , 2 0 09 ’ ’ and inserting ‘‘January 1, 2011’’. (4) CON S IDERA T IONS IN A P PLI C ATION.—Section 1834 of such Act (42 U.S.C. 1395m) is amended— (A) in subsection (a)(1)— (i) in sub p aragraph (F), by inserting ‘‘sub j ect to subparagraph ( G ),’’ before ‘‘that are included’’ and (ii) by adding at the end the follo w ing new subparagraph

‘‘(G) USE OF INFORMATION ON COMPETITI V E B ID RATES.— T he Secretary shall specify by regulation the methodology to be used in applying the pro v isions of subparagraph (F)(ii) and subsection (h)(1)(H)(ii). I n promulgating such regulation, the Secretary shall consider the costs of items and services in areas in which such provisions would be applied compared to the payment rates for such items and services in competitive ac q uisition areas.’’; and ( B ) in subsection (h)(1)(H), by inserting ‘‘subject to subsection (a)(1)(G),’’ before ‘‘that are included’’. (b) QU ALITY STANDARDS.— (1) APPLICATION OF ACCREDITATION RE Q UIREMENT.— (A) IN GENERAL.—Section 1834(a)(20) of the Social Security Act (42 U.S.C. 1395m(a)(20)) is amended— (i) in subparagraph ( E ), by inserting ‘‘including subparagraph (F),’’ after ‘‘under this paragraph,’’; and (ii) by adding at the end the following new subparagraph: ‘‘(F) APPLICATION OF ACCREDITATION REQUIREMENT.— In implementing quality standards under this paragraph— ‘‘(i) subject to clause (ii), the Secretary shall require suppliers furnishing items and services described in subparagraph ( D ) on or after O ctober 1, 2009, directly or as a subcontractor for another entity, to have sub - mitted to the Secretary evidence of accreditation by an accreditation organi z ation designated under subparagraph (B) as meeting applicable quality stand- ards; and ‘‘(ii) in applying such standards and the accredita- tion requirement of clause (i) with respect to eligible professionals (as defined in section 1848(k)(3)(B)), and including such other persons, such as orthotists and prosthetists, as specified by the Secretary, furnishing such items and services— ‘‘(I) such standards and accreditation require- ment shall not apply to such professionals and persons unless the Secretary determines that the standards being applied are designed specifically to be applied to such professionals and persons; and ‘‘(II) the Secretary may e x empt such profes- sionals and persons from such standards and requirement if the Secretary determines that licensing, accreditation, or other mandatory quality Ef f ectiv e da te .R e gul ati ons .

�