Page:United States Statutes at Large Volume 94 Part 2.djvu/1370

 94 STAT. 2648

PUBLIC LAW 96-499—DEC. 5, 1980

services may obtain a hearing under subsection (a) and has filed a request for such a hearing, such provider may file a request for a determination by the Board of its authority to decide the question of law or regulations relevant to the matters in controversy (accompanied by such documents and materials as the Board shall require for purposes of rendering such determination). The Board shall render such determination in writing within thirty days after the Board receives the request and such accompanying documents and materials, and the determination shall be considered a final decision and not subject to review by the Secretary. If the Board fails to render such determination within such period, the provider may bring a civil action (within sixty days of the end of such period) with respect to the matter in controversy contained in such request for a hearing.". PAYMENT WHERE BENEFICIARY NOT AT FAULT

42 USC 1395pp.

Effective date. 42 USC 1395pp note.

SEC. 956. (a) Section 1879 of the Social Security Act is amended by adding the following new subsection at the end thereof: "(e) Where payment for inpatient hospital services or extended care services may not be made under part A of this title on behalf of an individual entitled to benefits under such part solely because of an unintentional, inadvertent, or erroneous action with respect to the transfer of such individual from a hospital or skilled nursing facility that meets the requirements of section 1861(e) or (j) by such a provider of services acting in good faith in accordance with the advice of a utilization review committee, professional standards review organization, or fiscal intermediary, or on the basis of a clearly erroneous administrative decision by a provider of services, the Secretary shall take such action with respect to the payment of such benefits as he determines may be necessary to correct the effects of such unintentional, inadvertent, or erroneous action.". (b) The amendment made by subsection (a) shall take effect on January 1, 1981. T E C H N I C A L RENAL DISEASE AMENDMENTS

42 USC 1395rr.

42 USC 1395rr.

SEC. 957. (a) Section 1881(e) of the Social Security Act is amended— (1) by striking out "and" the first place it appears in paragraph (1) and inserting a comma in lieu thereof; (2) by inserting "and nonprofit entities which the Secretary finds can furnish equipment economically and efficiently," after "renal dialysis facilities," in paragraph (1); (3) by striking out "such providers and facilities" and inserting in lieu thereof "such providers, facilities, and nonprofit entities"; and (4) by striking out "or facility will—" in paragraph (2) and inserting in lieu thereof ", facility, or other entity will—". (b) Section 1881(g) of such Act is amended by striking out "April" each place it appears and inserting in lieu thereof "July". STUDIES AND DEMONSTRATION PROJECTS

42 USC 1395// note.

SEC. 958. (a) The Secretary of Health and Human Services shall develop and carry out a demonstration project to determine (1) the extent to which the commencement of nutritional therapy in early renal failure, utilizing (but not limited to) controlled protein substances, can retard or arrest the progression of the disease with a resultant substantive deferment of dialysis, and (2) the administra-

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