Page:United States Statutes at Large Volume 92 Part 1.djvu/362

 92 STAT. 308

Infra.

42 USC 1395c, 1395J.

42 USC 426.

42 USC 1395x.

PUBLIC LAW 95-292—JUNE 13, 1978 whichever first occurs (but no earlier than one year preceding the month of the filing of an application for benefits under this section); and " (2) shall end, in the case of an individual who receives a kidney transplant, with the thirty-sixth month after the month in which such individual receives such t r a n s p l a n t or, in the case of an individual who has not received a kidney transplant and no longer requires a regular course of dialysis, with the twelfth month after the month in which such course of dialysis is terminated. "•(c) Notwithstanding the provisions of subsection (b) — " (1) in the case of any mdividual who participates in a self-care dialysis training program prior to the t h i r d month after the month in which such individual initiates a regular course of renal dialysis in a renal dialysis facility or provider of services meeting the requirements of section 1881(b), entitlement to benefits under part A and eligibility to enroll under part B of title X VIII shall begin with the month in which such regular course of renal dialysis is initiated; " (2) in any case in which a kidney transplant fails (whether during or after the thirty-six-month period specified in subsection (b)(2)) and as a result the individual who received such transplant initiates or resumes a regular course of renal dialysis, entitlement to benefits under part A and eligibility to enroll under part B of title X VIII shall begin with the month in which such course is initiated or resumed; and " (3) in any case in which a regular course of renal dialysis is resumed subsequent to the termination of an earlier course, entitlement to benefits under part A and eligibility to enroll under part B of title X VIII shall begin with the month in which such regular course of renal dialysis is resumed.", (b) Section 226 of such Act is amended— (1) by striking out subsections (e), (f), and (g), and (2) by redesignating subsections (h) and (i) as subsections (e) and (f), respectively. SEC. 2. Part C of title X VIII of the Social Security Act is amended by a d d i n g at the end thereof the following new section: "MEDICARE COVERAGE FOR END STAGE RENAL DISEASE PATIENTS

42 USC 1395rr. 42 USC 1395. 42 USC 1395J. Ante, p. 307.

" SEC. 1881. (a) The benefits provided by part s A and B of this title shall include benefits for individuals who have been determined to have end-stage renal disease as provided in section 226A, and benefits for kidnej^ donors as provided in subsection (d) of this section. Notwithstanding any other provision of this title, the type, duration, and scope of the benefit provided by part s A and B with respect to individuals who have been determined to have end-stage renal disease and who are entitled to such benefits without regard to section 226A shall in no case be less than the type, duration, and scope of the benefits so provided for individuals entitled to such benefits solely by reason of that section. " (b)(1) Payments under this title with respect to services, in addition to services for which payment would otherwise be made under this title, furnished to individuals who have been determined to have end-stage renal disease shall include (A) payments on behalf of such individuals to providers of services and renal dialysis facilities which meet such requirements as the Secretary shall by regulation prescribe for institutional dialysis services and supplies (including self-dialysis services in a self-care dialysis unit maintained by the provider or facil-

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