Page:United States Statutes at Large Volume 89.djvu/1115

 PUBLIC LAW 94-182—DEC. 31, 1975

89 STAT. 1055

UTILIZATION REVIEW ACTIVITIES

SEC. 112. (a)(1) Section 1861(w) of the Social Security Act is 42 USC 1395x. amended— [A) by inserting " (1) " immediately after "(w)", and B) by adding at the end thereof the following new paragraph: " (2) Utilization review activities conducted, in accordance with the requirements of the program established under part B of title X I of the Social Security Act with respect to services furnished by a hos- 42 USC 1320c. pital to patients insured under part A of this title or entitled to have 42 USC 1395c. payment made for such services under a State plan approved under title V or X IX, by a Professional Standards Keview Organization 42 USC 701, designated for the area in which such hospital is located shall be 1396. deemed to have been conducted pursuant to arrangements between such hospital and such organization under which such hospital is obligated to pay to such organization, as a condition of receiving payment for hospital services so furnished under this part or under such a State plan, such amount as is reasonably incurred and requested (as determined under regulations of the Secretary) by such organization in conducting such review activities with respect to services furnished by such hospital to such patients.". Payment to (2) Section 1815 of such Act is amended— provider of (A) by inserting " (a) " immediately after "SEC. 1815.", and (B) by adding at the end thereof the following new subsection: services. " (b) No payment shall be made to a provider of services which is a 42 USC 1395g. hospital for or with respect to services furnished by it for any period with respect to which it is deemed, under section 1861(w)(2), to have Supra. in effect an arrangement with a Professional Standards Review Organization for the conduct of utilization review activities by such organization unless such hospital has paid to such organization the amount due (as determined pursuant to such section) to such organization for the review activities conducted by it pursuant to such arrangements or such hospital has provided assurances satisfactory to the Secretary that such organization will promptly be paid the amount so due to it from the proceeds of the payment claimed by the hospital. Payment under this title for utilization review activities provided by a Professional Standards Review Organization pursuant to an arrangement or deemed arrangement with a hospital under section 1861(w)(2) shall be calculated without any requirement that the reasonable cost of such activities be apportioned among the patients of such hospital, if any, to whom such activities were not applicable.". (c) Section 1168 of such Act is amended by adding at the end Transfer of fuiads. thereof the following new sentence: "The Secretary shall make such 42 USC transfers of moneys between the funds, referred to in clauses (a), (b), 1320C-17. and (c) of the preceding sentence, as may be appropriate to settle accounts between them in cases where expenses properly payable from the funds described in one such clause have been paid from funds described in another of such clauses.". (d) The amendments made by this section shall be effective with Effective date. respect to utilization review activities conducted on and after the first 42 USC 1395x day of the first month which begins more than 30 days after the date of note. enactment of this Act,

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