Page:United States Statutes at Large Volume 98 Part 1.djvu/1118

 98 STAT. 1070 42 USC 1395Z.

42 USC 1395/ note. 42 USC 1395/ note. 42 USC 1395J.

PUBLIC LAW 98-369—JULY 18, 1984

(3) by striking out paragraph (5). (c) Section 1833(a)(2) of such Act is amended by striking out "and in paragraph (5) of this subsection". (d) Section 1833(b) and section 1833(i)(3) of such Act are each amended by striking out "subsection (a)(1)(G)" and inserting in lieu thereof "subsection (a)(1)(F)". (e) The amendments made by this section shall apply to services performed after the date of the enactment of this Act. (f) The amendments made by this section shall not be construed as prohibiting payment, subject to the applicable copayments, under part B of title XVIII of the Social Security Act for preadmission diagnostic testing performed in a physician's office to the extent such testing is otherwise reimbursable under regulations of the Secretary. LIMITATION ON PHYSICIAN FEE PREVAILING AND CUSTOMARY CHARGE L E V E L S; PARTICIPATING PHYSICIAN INCENTIVES

42 USC 1395U.

SEC. 2306. (a) Section 1842(b) of the Social Security Act is amended by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively, and by inserting after paragraph (3) the following new paragraph: "(4)(A) In determining the prevailing charge levels under the third and fourth sentences of paragraph (3) for physicians' services furnished during the 15-month period beginning July 1, 1984, the Secretary shall not set any level higher than the same level as was set for the 12-month period beginning July 1, 1983. "(B) In determining the reasonable charge under paragraph (3) for physicians' services furnished during the 15-month period beginning July 1, 1984, the customary charges shall be the same customary charges as were recognized under this section for the 12-month period beginning July 1, 1983. "(C) In determining the prevailing charge levels under the third and fourth sentences of paragraph (3) for physicians' services furnished during periods beginning after September 30, 1985, the Secretary shall treat the level as set under subparagraph (A) as having fully provided for the economic changes which would have been taken into account but for the limitations contained in subparagraph (A). "(D) In determining the customary charges for physicians' services furnished during the 12-month period beginning October 1, 1985, or October 1, 1986, by a physician who at no time for any services furnished during the 12-month period beginning October 1, 1984, was a participating physician (as defined in subsection (h)(1)), the Secretary shall not recognize increases in actual charges for services furnished during the 15-month period beginning on July 1, 1984, above the level of the physician's actual charges billed in the 3month period ending on June 30, 1984.". (b)(1) Section 1842(b)(3) of such Act is amended— (A) in subparagraph (F), by striking out "June 30" and inserting in lieu thereof "September 30"; (B) by striking out "July 1" each place it appears in the third and eighth sentences and inserting in lieu thereof in each instance "October 1"; and (C) in the third sentence thereof, by striking out "during the last preceding calendar year elapsing prior to" and inserting in

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