Page:United States Statutes at Large Volume 96 Part 1.djvu/404

 96 STAT. 362

Ante, p. 356.

42 USC 1395y.

42 USC 1395x.

42 USC 1395y. 42 USC 1395z. 42 USC 1395aa.

42 USC 1395bb. 42 USC 1395CC.

42 USC 1395c note.

PUBLIC LAW 97-248—SEPT. 3, 1982 coinsurance period' means, for an individual, a period of consecutive days beginning with the first day for which an election under section 1812(d) is in effect for the individual and ending with the close of the first period of 14 consecutive days on each of which such an election is not in effect for the individual. "(B) During the period of an election by an individual under section 1812(d)(1), no copayments or deductibles other than those under subparagraph (A) shall apply with respect to services furnished to such individual which constitute hospice care, regardless of the setting in which such services are furnished.". (f) Section 1862(a) of the Social Security Act is amended— (1) by amending paragraph (1) to read as follows: "(1)(A) which, except for items and services described in subparagraph (B) or (C), are not reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member, "(B) in the case of items and services described in section 1861(s)(10), which are not reasonable and necessary for the prevention of illness, and "(C) in the case of hospice care, which are not reasonable and necessary for the palliation or management of terminal illness;"; (2) by inserting "(except, in the case of hospice care, as is otherwise permitted under paragraph (1)(C))" in paragraph (6) after "comfort items"; (8) by striking out "paragraph (1)" in paragraph (7) and inserting in lieu thereof "paragraph (1)(B)"; and (4) by inserting "(except, in the case of hospice care, as is otherwise permitted under paragraph (1)(C))" in paragraph (9) after "custodial care". (g)(1) Section 1862(f) of the Social Security Act is amended by striking out "paragraph (1)" and inserting in lieu thereof "paragraph (1)(A)". (2) Section 1863 of the Social Security Act is amended by striking out "and (cc)(2)(I)" and inserting in lieu thereof "(cc)(2)(I), and (dd)(2)". (3) Section 1864(a) of such Act is amended— (A) by inserting "or whether an agency is a hospice program" in the first sentence after "home health agency,"; and (B) by striking out "or home health agency" in the second sentence and inserting in lieu thereof "home health agency, or hospice program". (4) Section 1865(a) of such Act is amended by striking out "or (o)" in the last sentence and inserting in lieu thereof "(o), or (dd)". (5) Section 1866(b)(2)(A) of such Act is amended by striking out "or (a)(3)" and inserting in lieu thereof "(a)(3), or (a)(4)". (6) Section 1866(b)(4)(A) of such Act is amended by inserting "or hospice care" after "home health services". (h)(1)(A) Subject to subparagraph (B), the amendments made by this section apply to hospice care provided on or after November 1, 1983, and before October 1, 1986. (B) An individual who on October 1, 1986, has an election under section 1812(d)(1) of the Social Security Act in effect for a period, is entitled to hospice care benefits after that date during the remainder of that period and any consecutive period to which the individual would have been entitled before such date.

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