Page:United States Statutes at Large Volume 96 Part 1.djvu/398

 96 STAT. 356

PUBLIC LAW 97-248—SEPT. 3, 1982 (1) with respect to the last 21 days for which such would otherwise be made during fiscal year 1983, ments shall be deferred until fiscal year 1984; and (2) with respect to the last 21 days for which such would otherwise be made during fiscal year 1984, ments shall be deferred until fiscal year 1985.

payments such paypayments such pay-

PART II—CHANGES IN BENEFITS, PREMIUMS, AND ENROLLMENT MEDICARE COVERAGE OF FEDERAL EMPLOYEES

Post, p. 559.

SEC. 121. For provisions providing certain employees of the United States and instrumentalities thereof with entitlement to hospital insurance benefits under part A of title XVIII of the Social Security Act, see section 278 of this Act. HOSPICE CARE

42 USC 1395c. 45 USC 23if. 42 USC I395d.

SEC. 122. (a)(1) Section 1811 of the Social Security Act is amended by striking out "and home health services" and inserting in lieu thereof "home health services, and hospice care". (2) Section 7(d)(l) of the Railroad Retirement Act of 1974 is amended by inserting "hospice care," after "home health services,", (b)(1) Section 1812(a) of the Social Security Act is amended by striking out "and" at the end of paragraph (2), by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and", and by adding after paragraph (3) the following new paragraph: "(4) in lieu of certain other benefits, hospice care with respect to the individual during up to two periods of 90 days each and one subsequent period of 30 days with respect to which the individual makes an election under subsection (d)(1).". (2) Section 1812 of such Act is further amended by inserting after subsection (c) the following new subsection: "(d)(1) Payment under this part may be made for hospice care provided with respect to an individual only during two periods of 90 days each and one subsequent period of 30 days during the individual's lifetime and only, with respect to each such period, if the individual makes an election under this paragraph to receive hospice care under this part provided by, or under arrangements made by, a particular hospice program instead of certain other benefits under this title. "(2)(A) Except as provided in subparagraphs (B) and (C) and except in such exceptional and unusual circumstances as the Secretary may provide, if an individual makes such an election for a period with respect to a particular hospice program, the individual shall be deemed to have waived all rights to have payment made under this title with respect to— "(i) hospice care provided by another hospice program (other than under arrangements made by the particular hospice program) during the period, and "(ii) services furnished during the period that are determined (in accordance with guidelines of the Secretary) to be— "(I) related to the treatment of the individual's condition with respect to which a diagnosis of terminal illness has been made or

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