Page:United States Statutes at Large Volume 96 Part 1.djvu/392

 96 STAT. 350 42 USC 300e-17. 42 USC 300e.

42 USC 1395x.

Ante, p. 341.

42 USC 1395mm note.

42 USC 1395c, 1395J.

PUBLIC LAW 97-248—SEPT. 3, 1982 "(C) shall require the organization to comply with subsections (a) and (c) of section 1318 of the Public Health Service Act (relating to disclosure of certain financial information) and with the requirement of section 1301(c)(8) of such Act (relating to liability arrangements to protect members); and "(D) shall contain such other terms and conditions not inconsistent with this section (including requiring the organization to provide the Secretary with such information) as the Secretary may find necessary and appropriate. "(4) The Secretary may not enter into a risk-sharing contract with an eligible organization if a previous risk-sharing contract with that organization under this section was terminated at the request of the organization within the preceding five-year period, except in circumstances which warrant special consideration, as determined by the Secretary. "(5) The authority vested in the Secretary by this section may be performed without regard to such provisions of law or regulations relating to the making, performance, amendment, or modification of contracts of the United States as the Secretary may determine to be inconsistent with the furtherance of the purpose of this title.". (b) Section 1861(s)(2) of the Social Security Act is amended— (1) by striking out "and" at the end of subparagraph (F); (2) by inserting "and" after the semicolon in subparagraph (G); and (3) by adding after subparagraph (G) the following new subparagraph: "(H) services furnished pursuant to a contract under section 1876 to a member of an eligible organization by a physician assistant or by a nurse practitioner (as defined in subsection (aa)(3)) and such services and supplies furnished as an incident to his service to such a member as would otherwise be covered under this part if furnished by a physician or as an incident to a physician's service;". (c)(1) Subject to paragraph (2), the amendment made by subsection (a) shall apply with respect to services furnished on or after the initial effective date (as defined in paragraph (4)), except that such amendment shall not apply— (A) with respect to services furnished by an eligible organization to any individual who is enrolled with that organization under an existing cost contract (as defined in paragraph (3)(A)) and entitled to benefits under part A, or enrolled in part B, of title XVIII of the Social Security Act at the time the organization first enters into a new risk-sharing contract (as defined in paragraph (3)(D)) unless— (i) the individual requests at any time that the amendment apply, or (ii) the Secretary determines at any time that the amendment should apply to all members of the organization because of administrative costs or other administrative burdens involved and so informs in advance each affected member of the eligible organization; (B) with respect to services furnished by an eligible organization during the five-year period beginning on the initial effective date, if— (i) the organization has an existing risk-sharing contract (as defined in paragraph (3)(B)) on the initial effective date, or

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