Page:United States Statutes at Large Volume 98 Part 1.djvu/1112

 98 STAT. 1064

42 USC 402, 423. Effective date. 42 USC 1395r note.

PUBLIC LAW 98-369—JULY 18, 1984

For purposes of this subsection, retroactive adjustments or payments and deductions on account of work shall not be taken into account in determining the monthly benefits to which an individual is entitled under section 202 or 223.". (c) The amendments made by this section shall apply to premiums for months beginning with January 1986. PAYMENT FOR CLINICAL DIAGNOSTIC LABORATORY TESTS

42 USC 1395Z.

42 USC 1395u. 42 USC 1395gg.

42 USC 1395CC.

SEC. 2303. (a) Section 1833(a)(1)(D) of the Social Security Act is amended to read as follows: "(D) with respect to clinical diagnostic laboratory tests for which payment is made under this part (i) on the basis of a fee schedule under subsection (h)(1), the amount paid shall be equal to 80 percent (or 100 percent, in the case of such tests for which payment is made on the basis of an assignment described in section 1842(b)(3)(B)(ii) or under the procedure described in section 1870(f)(1)) of the lesser of the amount determined under such fee schedule or the amount of the charges billed for the tests, or (ii) on the basis of a negotiated rate established under subsection (h)(6), the amount paid shall be equal to 100 percent of such negotiated rate,". (b) Section 1833(a)(2) of such Act is amended— (1) in subparagraph (B), by inserting "or (D)" after "subparagraph (C)"; (2) by striking out "and" at the end of subparagraph (B); (3) by adding "and" at the end of subparagraph {C); and (4) by adding at the end thereof the following new subparagraph: "(D) with respect to clinical diagnostic laboratory tests for which payment is made under this part (i) on the basis of a fee schedule determined under subsection (h)(1), the amount paid shall be equal to 80 percent (or 100 percent, in the case of such tests for which payment is made on the basis of an assignment described in section 1842(b)(3)(B)(ii), under the procedure described in section 1870(f)(1), or to a provider having an agreement under section 1866) of the lesser of the amount determined under such fee schedule or the amount of the charges billed for the tests, or (ii) on the basis of a negotiated rate established under subsection (h)(6), the amount paid shall be equal to 100 percent of such negotiated rate for such tests;". (c) Section 1833(b) of the Social Security Act is amended by striking out "and" at the end of clause (2) and by inserting before the period at the end of clause (3) the following: ", and (4) such deductible shall not apply with respect to clinical diagnostic laboratory tests for which payment is made under this part (A) under subsection (a)(l)(D)(i) or (a)(2)(D)(i) on the basis of an assignment described in section 1842(b)(3)(B)(ii), under the procedure described in section 1870(f)(1), or to a provider having an agreement under section 1866, or (B) on the basis of a negotiated rate determined under subsection (h)(6)". (d) Section 1833(h) of such Act is amended to read as follows: "(h)(1)(A) The Secretary shall establish fee schedules for clinical diagnostic laboratory tests for which payment is made under this part, other than such tests performed by a provider of services for an inpatient of such provider. "(B) In the case of clinical diagnostic laboratory tests performed by a physician or by a laboratory (other than tests performed by a

�