Page:United States Statutes at Large Volume 91.djvu/1234

 91 STAT. 1200 42 USC 1395h note.

Effective dates.

42 USC 1395h note.

PUBLIC LAW 95-142—OCT. 25, 1977 (b) The Secretary of Health, Education, and Welfare shall develop the standards, criteria, and procedures described in subsection (f) of section 1816 of the Social Security Act (as added by subsection (a)(5)) not later than October 1, 1978. (c) The amendment made by paragraphs (2) and (3) of subsection (a) to the extent that they require application of standards, criteria, and procedures developed under section 1816(f) of the Social Security Act shall apply to the entering into, renewal, or termination of agreements on and after October 1, 1978. (d) Except as provided in subsection (c), the amendment made by subsection (a)(2) shall apply to agreements entered into or renewed on or after the date of enactment of this Act. DISCLOSURE BY PROVIDERS OF THE H I R I N G OF CERTAIN FORMER EMPLOYEES OF FISCAL INTERMEDIARIES

Agreements. 42 USC 1395CC.

Notification to Secretary.

Effective date. 42 USC 1395cc note.

SEC. 15. (a) Section 1866(a)(1) of the Social Security Act is amended— (1) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof ", and"; and (2) by inserting after subparagraph (C) the following new subparagraph: "(D) to promptly notify the Secretary of its employment of an individual who, at any time during the year preceding such employment, was employed in a managerial, accounting, auditing, or similar capacity (as determined by the Secretary by regulation) by an agency or organization which serves as a fiscal intermediary or carrier (for purposes of part A or part B, or both, of this title) with respect to the provider.", (b) The amendments made by subsection (a) shall apply with respect to agreements entered into or renewed on and after the date of enactment of this Act. PAYMENT FOR DURABLE MEDICAL EQUIPMENT

42 USC 1395Z.

Used equipment, coinsurance

SEC. 16. (a) Section 1833(f) of the Social Security Act is amended to read as follows: "(f)(1) In the case of durable medical equipment to be furnished an individual as described in section 1861(s)(6), the Secretary shall determine, on the basis of such medical and other evidence as he finds appropriate (including certification by the attending physician with respect to expected duration of need), whether the expected duration of the medical need for the equipment warrants a presumption that purchase of the equipment would be less costly or more practical than rental. If the Secretary determines that such a presumption does exist, he shall require that the equipment be purchased, on a lease-purchase basis or otherwise, and shall make payment in accordance with the lease-purchase agreement (or in a lump sum amount if the equipment is purchased other than on a lease-purchase basis); except that the Secretary may authorize the rental of the equipment notwithstanding such determination if he determines that the purchase of the equipment would be inconsistent with the purposes of this title or would create an undue financial hardship on the individual who will use it. "(2) With respect to purchases of used durable medical equipment, the Secretary may waive the 20 percent coinsurance amount applicable under subsection (a) whenever the purchase price of the used equipment is at least 25 percent less than the reasonable charge for comparable new equipment.

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