Page:United States Statutes at Large Volume 94 Part 2.djvu/1364

 94 STAT. 2642 42 USC 1395/ note.

PUBLIC LAW 96-499—DEC. 5, 1980

(b) The amendments made by subsection (a) shall apply to services furnished after the sixth calendar month beginning after the date of the enactment of this Act. PHYSICIAN TREATMENT PLAN FOR SPEECH PATHOLOGY

42 USC 1395n.

42 USC 1395n note.

SEC. 944. (a) Section 1835(a)(2)(D)(ii) of the Social Security Act is amended by inserting after "established" the following: "by a physician or by the speech pathologist providing such services". (b) The amendment made by subsection (a) shall apply to plans for furnishing services established on or after January 1, 1981. REENROLLMENT AND OPEN ENROLLMENT IN PART B

Repeal. 42 USC 1395p.

42 USC 1395q.

42 USC 1395r.

42 USC 1395p note. 42 USC 1395v.

SEC. 945. (a) Subsection (b) of section 1837 of the Social Security Act is repealed. (b)(1) Subsection (e) of such section is amended to read as follows: "(e) There shall be a general enrollment period which is any period after the period described in subsection (d).". (2) Subsection (g)(3) of such section is amended by striking out "the earlier of the then current" and all that follows through "subsection (e) of this section)" and inserting in lieu thereof "the month in which the individual files an application establishing such entitlement". (c)(1) Section 1838(a)(2)(E) of such Act is amended by striking out "the July 1" and inserting in lieu thereof "the first day of the third month". (2) The second sentence of subsection (d) of section 1839 of such Act is amended by striking out "who enrolls for the second time)(2)" and all that follows through "in which he enrolled for the second time" and inserting in lieu therof "who reenrolls)(2) the months which elapsed between the date of termination of a previous coverage period and the month after the month in which he reenrolled". (d) The amendments made by subsections (a), (b), and (c) shall apply to enrollments occurring on or after April 1, 1981. (e) Section 1843 of the Social Security Act is amended by inserting "or during 1981," in subsections (a), (g)(1), and (h)(1) after "January 1, 1970," each place it appears. DETERMINATION OF REASONABLE CHARGE

42 USC 1395U.

SEC. 946. (a) The third sentence of section 1842(b)(3) of the Social Security Act is amended by striking out "in which the bill is submitted or the request for payment is made" and inserting in lieu thereof "in which the service is rendered". (b) Such section is further amended by striking out "and" at the end of subparagraph (D), by inserting "and" after the semicolon at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: "(F) will take such action as may be necessary to assure that where payment under this part for a service rendered is on a charge basis, such payment shall be determined on the basis of the charge that is determined in accordance with this section on the basis of customary and prevailing charge levels in effect at the time the service was rendered or, in the case of services rendered more than 12 months before the year (ending on June 30) in which the bill is submitted or request for payment is made, on the basis of such levels in effect for the 12-month period preceding such year;".

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