Page:United States Statutes at Large Volume 86.djvu/1448

 1406 42 USC 1395J.

Infra,

42 USC 1395x. Ante, p. 1405; Infra, 42 USC 139SCC.

42 USC 1395k.

Ante, p. 1404.

42 USC i395n.

Ante, p, 1404. Supra. Ante, p. 1405.

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

"(ii) for which payment may be made under part B, but only if such hospital pays to the medical scliool at least the reasonable cost of such services to the medical school. " (D) Where (i) physicians furnish services which are either inpatient hospital services (including services in conjunction with the teaching programs pf such hospital) by reason of paragraph (7) of subsection (b) or for which entitlement exists by reason of clause ( II) of section 1832 (a)(2)(B)(i) and (ii) such hospital (or medical school under arrangement with such hospital) incurs no actual cost in the furnishing of such services, the reasonable cost of such services shall (under regulations of the Secretary) be deemed to be the cost such hospital or medical school would have incurred had it paid a salary to such physicians rendering such services approximately equivalent to the average salary paid to all physicians employed by such hospital (or if such employment does not exist, or is minimal in such hospital, by similar hospitals in a geographic area of sufficient size to assure reasonable inclusion of sufficient physicians in development of such average salary)." (d)(1) Section 1861(u) of such Act is amended by inserting before the period at the end thereof the following: ", or, for purposes of section 1814(g) and section 1835(e), a fund". (2) So much of section 1866(a)(1) of such Act as precedes subparagraph (A) is amended by inserting "(except a fund designated for purposes of section 1814(g) and section 1835(e))" after "provider of services". Ce)(1) Section 1832(a)(2)(B) of such Act is amended to read as follows: " (B) medical and other health services furnished by a provider of services or by others under arrangement with them made by a provider of services, excluding— " (i) physician services except where furnished by— " (I) a resident or intern of a hospital, or " ( II) a physician to a patient in a hospital which has a teaching program approved as specified in paragraph (6) of section 1861(b) (including services in conjunction with the teaching programs of such hospital whether or not such patient is an inpatient of such hospital), unless either clause (A) or (B) of paragraph (7) of such section is met, and "(ii) services for which payment may be made pursuant to section 1835(b)(2); and". (2)(A) So much of section 1835(a) of such Act as precedes paragraph (1) is amended by striking out "subsections (b) and (c)," and inserting in lieu thereof "subsections (b), (c), and (e),". (B) Section 1835 of such Act is further amended by adding at the end thereof the following new subsection: "(e) For purposes of services (1) which are inpatient hospital services by reason of paragraph (7) of section 1861(b) or for which entitlement exists by reason of clause ( II) of section 1832(a)(2)(B) (i), and (2) for which the reasonable cost thereof is determined under section 1861(v)(1)(D), payment under this part shall be made to such fund as may be designated by the organized medical staff of the hospital in which such services were furnished or, if such services were furnished in such hospital by the faculty of a medical school, to such fund as may be designated by such faculty, but only if—

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