Page:United States Statutes at Large Volume 96 Part 1.djvu/395

 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 353

basis. The Secretary shall submit an interim report to the Congress, Report to within two years after the initial effective date (as defined in Congress. subsection (c)(4)), and a final report within five years after such date containing the respective interim and final findings and conclusions made as a result of such study. PROHIBITION OF PAYMENT FOR INEFFECTIVE DRUGS

SEC. 115. (a) Effective September 30, 1982, section 131 of Public Law 97-92 is repealed, and the provisions of such section, and of section 210 of the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1982 (H.R. 4560), as passed by the House of Representatives on October 6, 1981, and of section 209 of such Act as reported by the Senate Committee on Appropriations on November 9, 1981, shall not apply to any sums appropriated for fiscal year 1983 or any succeeding fiscal year. (b) No provision of law limiting the use of funds for purposes of enforcing or implementing section 1862(c) or section 1903(i)(5) of the Social Security Act, section 2103 of the Omnibus Budget Reconciliation Act of 1981, or any rule or regulation issued pursuant to any such section (including any provision contained in, or incorporated by reference into, any appropriation Act or resolution making continuing appropriations) shall apply to any period after September 30, 1982, unless such provision of law is enacted after the date of the enactment of this Act and specifically states that such provision is to supersede this section.

Repeal. 95 Stat. 1199.

42 USC 1395y note. 42 USC 1395y, 1396b. 95 Stat. 787.

Subpart C—Other Payment Provisions MEDICARE PAYMENTS SECONDARY FOR OLDER WORKERS COVERED UNDER GROUP HEALTH PLANS

SEC. 116. (a) Section 4 of the Age Discrimination in Employment Act of 1967 is amended by adding at the end thereof the following 29 USC 623. new subsection: "(g)(1) For purposes of this section, any employer must provide that any employee aged 65 through 69 shall be entitled to coverage under any group health plan offered to such employees under the same conditions as any employee under age 65. "(2) For purposes of paragraph (1), the term 'group health plan' "Group health has the meaning given to such term in section 162(i)(2) of the plan." Internal Revenue Code of 1954.". 26 USC 162. (b) Section 1862(b) of the Social Security Act is amended by adding 42 USC 13953^ at the end thereof the following new paragraph: "(3)(A)(i) Payment under this title may not be made, except as provided in clause (ii), with respect to any item or service furnished during the period described in clause (iii) to an individual who is over 64 but under 70 years of age (or to the spouse of such individual, if the spouse is over 64 but under 70 years of age) who is employed at the time such item or service is furnished to the extent that payment with respect to expenses for such item or service has been made, or can reasonably be expected to be made, under a group health plan (as defined in clause (iv)) under which such individual is covered by reason of such employment. "(ii) Any payment under this title with respect to any item or service during the period described in clause (iii) shall be condi-

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