Page:United States Statutes at Large Volume 86.djvu/1454

 1412

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

such services or (if such services are furnished under the plan by a public institution free of charge or at nominal charges to the public) exceeds an amount determined on the basis of those items (specified in regulations prescribed by the Secretary) included in the determination of such payment which the Secretary finds will provide fair compensation to such institution for such . services." (d) Section 506(f) of such Act (as added by section 224(d) and 1410**' ^^' ^^^^' *^®iid®d by section 229(d) of this Act) is further amended by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; or", and by adding after paragraph (2) the following new paragraph: "(3) with respect to any amount expended for inpatient hospital services furnished under the plan to the extent that such amount exceeds the hospital's customary charges with respect to such services or (if such services are furnished under the plan by a public institution free of charge or at nominal charges to the public) exceeds an amount determined on the basis of those items (specified in regulations prescribed by the Secretary) included in the determination of such payment which the Secretary finds will provide fair compensation to such institution for such services." (e) Clause (2) of the second sentence of section 509(a) of such Ante, p. 1389. Act (as amended by section 221(c)(3) of this Act) is further amended by inserting " (A) " before "the reasonable cost", and by inserting after "under the project," the following: "or (B) if less, the customary charges with respect to such services provided under the project, or (C) if such services are furnished under the project by a public institution free of charge or at nominal charges to the public, an amount determined on the basis of those items (specified in regulations prescribed by the Secretary) included in the determination of such reasonable c»st which the Secretary finds will provide fair compensation to such institution for such services". Effective (f) The amendments made by subsections (a) and (b) shall apply dates. to services furnished by hospitals, extended care facilities, and home health agencies in accounting periods beginning after December 31, 1972. The amendments made by subsections (c), (d), and (e) shall apply with respect to services furnished by hospitals in accounting periods beginning after December 31, 1972. INSTITUTIONAL PLANNING UNDER MEDICARE

Ante, p. 1383.

Post, p. 1413. 42 USC 1395X.

42 USC 1395x.

SEC. 234. (a) The first sentence of section 1861(e) of the Social ggcurlty Act Is amended— (1) by striking out "and" at the end of paragraph (7); (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following new paragraph: "(8) has in effect an overall plan and budget that meets the requirements of subsection (z); and". (b) Section 1861(f)(2) of such Act is amended to read as follows: "(2) satisfies the requirements of paragraphs (3) through (9) of subsection (e);". (c) Section 1861(g)(2) of such Act is amended to read as follows: "(2) satisfies the requirements of paragraphs (3) through (9) of subsection (e);". (d) The first sentence of section 1861(j) of such Act is amended— (1) by striking out "and" at the end of paragraph (9); (2) by redesignating paragraph (10) as paragraph (11); and

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