Page:United States Statutes at Large Volume 95.djvu/818

 95 STAT. 792

42 USC 1396a.

PUBLIC LAW 97-35—AUG. 13, 1981 specify, which in the case of an individual shall be the period established pursuant to paragraph (1), and "(B) may waive the requirement of subparagraph (A) to bar a person from participation in such program where he receives and approves a request for such waiver with respect to that person from the State agency referred to in that subparagraph.". (c) Section 1902(a)(39) of such Act is amended by striking out "individual" and inserting in lieu thereof "person" each place it appears. TECHNICAL CORRECTIONS FOR ERRORS MADE BY THE MEDICARE AND MEDICAID AMENDMENTS OF 1980

94 Stat. 2641. 42 USC 1395/. 42 USC 1395x.

42 USC 1395f.

42 USC 1395CC.

42 USC 1395n.

42 USC 1395q. 42 USC 1395p. 42 USC 1396b. Effective date. 42 USC 1395/ note.

SEC. 2106. (a) Section 1833(a)(2) of the Social Security Act (as amended by section 942 of the Medicare and Medicaid Amendments of 1980, P.L. 96-499) is amended by amending subparagraphs (A) and (B) to read as follows: "(A) with respect to home health services and to items and services described in section 1861(s)(10), the lesser of^ "(i) the reasonable cost of such services, as determined under section 1861(v), or "(ii) the customary charges with respect to such services, or, if such services are furnished by a public provider of services free of charge or at nominal charges to the public, the amount determined in accordance with section 1814(b)(2); "(B) with respect to other services (except those described in subparagraph (C) of this paragraph)— "(i) the lesser of— "(I) the reasonable cost of such services, as determined under section 1861(v), or "(II) the customary charges with respect to such services, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A), but in no case may the payment for such other services exceed 80 percent of such reasonable cost, or "(ii) if such services are furnished by a public provider of services free of charge or at nominal charges to the public, 80 percent of the amount determined in accordance with section 1814(b)(2), or "(iii) if (and for so long as) the conditions described in section 1814(b)(3) are met, the amounts determined under the reimbursement system described in such section; and". (b)(1) Section 1835(a)(2) of such Act is amended— (A) by adding "and" at the end of subparagraph (D), and (B) by striking out "; and" at the end of subparagraph (E) and inserting in lieu thereof a period. (2) The paragraph after section 1838(b) of such Act is amended by striking out "and such notice shall not be considered a disenrollment for the purposes of section 1837(b)". (3) Section 1903(n) of such Act is amended by striking out "of this section" after "section 1866". (c) The amendment made by subsection (a) is effective as of December 5, 1980, and the amendment made by subsection (b)(2) is effective as of April 1, 1981.

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