Page:United States Statutes at Large Volume 97.djvu/197

 PUBLIC LAW 98-21 —APR. 20, 1983 97 STAT. 165 42 USC 139500. inpatient hospital services furnished to individuals enrolled with such organization pursuant to subsection (d), and "(B) will deduct the amount of such reimbursement for pay- ment which would otherwise be made to such organization.'. (h)(1) Section 1878(a) of such Act is amended— (A) by inserting "and (except as provided in subsection (g)(2)) any hospital which receives payments in amounts computed under subsection (b) or (d) of section 1886 and which has submit- ted such reports within such time as the Secretary may require in order to make payment under such section may obtain a hearing with respect to such payment by the Board" after "subsection (h)" in the matter before paragraph (1), (B) by inserting "(i)" after "(A)" in paragraph (1)(A), (C) by inserting "or" at the end of paragraph (1)(A) and by adding after such paragraph the following new clause: "(ii) is dissatisfied with a final determination of the Secre- tary as to the amount of the payment under subsection (b) or (d) of section 1886,", and (D) by striking out "(I)(A)" in paragraph (3) and inserting in lieu thereof "(l)(A)(i), or with respect to appeals under para- graph (l)(A)(ii), 180 days after notice of the Secretary's final determination,". (2)(A) The last sentence of section 1878(0(1) of the Social Security Act is amended by inserting "(or, in an action brought jointly by several providers, the judicial district in which the greatest number of such providers are located)" after "the judicial district in which the provider is located". (B) Section 1878(f)(1) of such Act is further amended by adding at the end thereof the following new sentence: "Any appeal to the Board or action for judicial review by providers which are under common ownership or control must be brought by such providers as a group with respect to any matter involving an issue common to such providers.". (3) Section 1878(g) of such Act is amended by inserting "(1)" after "(g)" and by adding at the end the following new paragraph: "(2) The determinations and other decisions described in section 1886(d)(7) shall not be reviewed by the Board or by any court pursuant to an action brought under subsection (0 or otherwise." (4) The third sentence of section 1878(h) of such Act is amended by striking out "cost reimbursement" and inserting in lieu thereof "payment of providers of services". (i) The first sentence of section 18810t))(2)(A) of such Act is amended by inserting "or section 1886 (if applicable)" after "section 1861(v)". 0') Section 1887(a)(lKB) of such Act is amended by inserting "or on the bases described in section 1886" after "on a reasonable cost basis". (k) The Secretary of Health and Human Services may, for any cost reporting period beginning prior to October 1, 1986, waive the requirements of sections 1862(a)(14) and 1866(a)(l)(H) of the Social Security Act in the case of a hospital which has followed a practice, since prior to October 1, 1982, of allowing direct billing under part B of title XVIII of such Act for services (other than physicians serv- ices) so extensively, that immediate compliance with those require- ments would threaten the stability of patient care. Any such waiver shall provide that such billing may continue to be made under part B of such title but that the payments to such hospital under part A 42 USC I395j 42 USC 1395rr. 96 Stat. 337. 42 USC 1395XX. 42 USC 1395y note. 42 USC 1395y, 1395CC. 42 USC 1395.

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