Page:United States Statutes at Large Volume 86.djvu/1464

 1422 42 USC 401. Board decision, reviewability.

5 USC 701. 42 USC 405.

42 USC 1395y. Membership. 5 USC ibl et seq.

eompensation.

5 USC 5332 note. Technical and clerical assistance.

42 USC 1395h. Effective date. 42 USC 1395.

PUBLIC LAW 92-603-.OCT. 30, 1972

[86 STAT.

shall apply to the Board to the same extent as they apply to the Secretary with respect to title II. "(f) A decision of the Board shall be final unless the Secretary, on his own motion, and within 60 days after the provider of services is notified of the Board's decision, reverses or modifies (adversely to such provider) the Board's decision. In any case where such a reversal or modification occurs the provider of services may obtain a review of such decision by a civil action commenced within 60 days of the date he is notified of the Secretary's reversal or modification. Such action shall be brought in the district court of the United States for the judicial district in which the provider is located or in the District Court for the District of Columbia and shall be tried pursuant to the applicable provisions under chapter 7 of title 5, United States Code, notwithstanding any other provisions in section 205. " (g) The finding of a fiscal intermediary that no payment may be made under this title for any expenses incurred for items or services furnished to an individual because such items or services are listed in section 1862 shall not be reviewed by the Board, or by any court pursuant to an action brought under subsection (f). " (h) The Board shall be composed of five members appointed by the Secretary without regard to the provisions of title 5, United States Cyode, governing appointments in the competitive services. Two of such members shall be representative of providers of services. All of the members of the Board shall be pereons knowledgeable in the field of cost reimbursement, and at least one of them shall be a certified public accountant. Members of the Board shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding.the late specified (at the time the service involved is rendered by such members) for grade GS-18 in section 5332 of title 5, United States Code. The term of office shall be three years, except that the Secretary shall appoint the initial members of the Board for shorter terms to the extent necessary to permit staggered terms of office. "(i) The Board is authorized to engage such technical assistance as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Board such secretarial, clerical, and other assistance as the Board may require to carry out its functions." (b) The first sentence of section 1816(a) of such Act is amended by striking out "subject to" in the parenthetical phrase and inseiting in lieu thereof "subject to the provisions of section 1878 and to". (c) The amendments made by this section shall apply with respect to cost reports of providers of services, as defined in title X VIII of the Social Security Act, for accounting periods ending on or after June 30, 1973. VALIDATIGX OF SURVEYS MADE BY JOINT COMMISSION ON THE ACCREDITATION OF HOSPITALS

79 Stat. 326. 42 USC 1395aa.

42 USC 1395cc.

SEC. 244. (a) Section 1864 of the Social Security Act is amended by inserting at the end thereof the following new subsection: "(c) The Secretary is authorized to enter into an agreement with any State under which the appropriate State or local agency which performs the certification function described in subsection (a) will survey, on a selective sample basis (or where the Secretary finds that a survey is appropriate because of substantial allegations of the existence of a significant deficiency or deficiencies which would, if found to be present, adversely affect health and safety of patients), hospitals which have an agreement with the Secretary under section 1866 and which are accredited by the Joint Commission on the Accreditation of

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