Page:United States Statutes at Large Volume 96 Part 1.djvu/401

 PUBLIC LAW 97-248—SEPT. 3, 1982 Bureau of Labor Statistics, from the fourth month of the base period to the fifth month of the accounting year. "(v) For purposes of this subparagraph, the term 'base period' means the most recent period of 12 months (ending before the date proposed regulations are first issued to carry out this paragraph) for which the Secretary determines he has sufficient data to make the determinations required under clauses (i) through (iii). "(C) For purposes of subparagraph (A), the 'number of medicare beneficiaries' in a hospice program in an accounting year is equal to the number of individuals who have made an election under subsection (d) with respect to the hospice program and have been provided hospice care by (or under arrangements made by) the hospice program under this part in the accounting year, such number reduced to reflect the proportion of hospice care that each such individual was provided in a previous or subsequent accounting year or under a plan of care established by another hospice program.". (3) Section 1816(e) of such Act is amended by adding at the end thereof the following new paragraph: "(5) Notwithstanding any other provision of this title, the Secretary shall designate the agency or organization which has entered into an agreement under this section to perform functions under such an agreement with respect to each hospice program, except that with respect to a hospice program which is a subdivision of a provider of services (and such hospice program and provider of services are under common control) due regard shall be given to the agency or organization which performs the functions under this section for the provider of services.". (d)(1) Section 1861(u) of the Social Security Act is amended by inserting "hospice program," after "home health agency,". (2) Section 1861(w)(l) of such Act is amended by striking out "or home health agency" and by inserting in lieu thereof "home health agency, or hospice program". (3) Section 1861 of such Act is further amended by adding at the end the following new subsection:

96 STAT. 359

"Base period."

"Number of medicare beneficiaries.'

42 USC I395h.

42 USC I395x.

HOSPICE CARE; HOSPICE PROGRAM

"(dd)(l) The term 'hospice care' means the following items and services provided to a terminally ill individual by, or by others under arrangements made by, a hospice program under a written plan (for providing such care to such individual) established and periodically reviewed by the individual's attending physician and by the medical director (and by the interdisciplinary group described in paragraph (2)(B)) of the program— "(A) nursing care provided by or under the supervision of a registered professional nurse, "(B) physical or occupational therapy or speech-language pathology, "(C) medical social services under the direction of a physician, "(D)(i) services of a home health aide who has successfully completed a training program approved by the Secretary and (ii) homemaker services, "(E) medical supplies (including drugs and biologicals) and the use of medical appliances, while under such a plan, "(F) physicians' services,

"Hospice care.

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