Page:United States Statutes at Large Volume 94 Part 2.djvu/1354

 94 STAT. 2632 42 USC 1395n. 42 USC 1395x.

Repeal.

42 USC 1395h.

42 USC 1395x.

Reasonable costs, determination.

PUBLIC LAW 96-499—DEC. 5, 1980

(j) Section 1835(a)(2)(A) of such Act is amended by inserting ", occupational," after "or physical", (k) Section 1861(e) of such Act is amended— (1) by striking out "subsections (i) and (n)" in the material preceding paragraph (1) and inserting in lieu thereof "subsection (i)", and (2) by striking out "subsections (i) and (n)" in the third sentence and inserting in lieu thereof "subsection (i)". (1) Section 1861(m)(4) of such Act is amended by inserting the following before the semicolon: "who has successfully completed a training program approved by the Secretary". (m) Section 1861(n) of such Act is repealed. (n) Section 1861(o) of such Act is amended— (1) by striking out "and" at the end of paragraph (5), by inserting "and" at the end of paragraph (6), and by adding the following new paragraph after paragraph (6): "(7) meets such additional requirements (including conditions relating to bonding or establishing of escrow accounts as the Secretary finds necessary for the financial security of the program) as the Secretary finds necessary for the effective and efficient operation of the program;"; and (2) by striking out "except that" the first place it appears in the material following paragraph (6) and all that follows through "regulations; and" (o) Section 1816(e) of such Act is amended— (1) by inserting "(subject to the provisions of paragraph (4))" after "the Secretary may" in paragraph (2); and (2) by adding the following new paragraph at the end thereof: "(4) Notwithstanding subsections (a) and (d) and paragraphs (1), (2), and (3) of this subsection, the Secretary shall designate regional agencies or organizations which have entered into an agreement with him under this section to perform functions under such agreement with respect to home health agencies (as defined in section 1861(o)) in the region, except that in assigning such agencies to such designated regional agencies or organizations the Secretary shall assign a home health agency which is a subdivision of a hospital (and such agency and hospital are affiliated or under common control) only if, after applying such criteria relating to administrative efficiency and effectiveness as he shall promulgate, he determines that such assignment would result in the more effective and efficient administration of this title.". (p) Section 1861(v)(l) of such Act is amended by adding after subparagraph (G) (as added by section 902(a)(1) of this title) the following new subparagraph: "(H) In determining such reasonable cost with respect to home health agencies, the Secretary may not include— "(i) any costs incurred in connection with bonding or establishing an escrow account by any such agency as a result of the financial security requirement described in subsection (o)(7); "(ii) in the case of home health agencies to which the financial security requirement described in subsection (o)(7) applies, any costs attributed to interest charged such an agency in connection with amounts borrowed by the agency to repay overpayments made under this title to the agency, except that such costs may be included in reasonable cost if the Secretary determines that the agency was acting in good faith in borrowing the amounts; "(iii) in the case of contracts entered into by a home health agency after the date of the enactment of this subparagraph for

�