Page:United States Statutes at Large Volume 98 Part 1.djvu/1122

 98 STAT. 1074 Effective date. 42 USC 1395WW note. Study. 42 USC 1395u note. Ante, p. 1070. Report.

PUBLIC LAW 98-369—JULY 18, 1984

(2) The amendment made by paragraph (1) shall apply to cost reporting periods beginning on or after October 1, 1984. (c) The Comptroller General shall conduct a study of the amounts billed for physiciem services and paid by carriers under section 1842G)X7) of the Social Security Act to determine whether such payments have been made only where the physician satisfies the requirements of section 1842(b)(7)(A)(i) of such Act. The Comptroller General shall submit to the Committees on Ways and Means and on Energy and Commerce of the House of Representatives and to the Committee on Finance of the Senate a report on the results of such study not later than 18 months after the date of the enactment of this Act. LESSER OF COST OR CHARGES

Regulations. 42 USC 1395f note. 42 USC 1395. 42 USC 1395c, 1395J. Ante, p. 1064. 42 USC 1395f note. 42 USC 1395f, 1395Z.

42 USC 1395f.

42 USC 1395/.

SEC. 2308. (a) The Secretary of Health and Human Services shall issue regulations which require, for purposes of title XVIII of the Social Security Act, that providers of services calculate and report the lesser-of-cost-or-charges determinations separately with respect to payments for services under part A and services under part B of such title (other than clinical diagnostic laboratory tests paid under section 1833(h)), and that payment under such title be based upon such separate determinations. Such regulations shall apply to cost reporting periods beginning on or after October 1, 1984. (b)(l) For purposes of applying the nominality test under sections 181403X2) and 1833(a)(2)(B)(ii) of the Social Security Act, the Secretary shall, in addition to those rules for establishing nominality which the Secretary determines to be appropriate, provide that charges representing 60 percent or less of costs shall be considered nominal. The charges used in making such determinations shall be the charges actusdly billed to charge-paying patients who are not entitled to benefits under either part of such title. Such determination shall be made separately with respect to payments for services under part A and services under part B of such title (other than clinical diagnostic laboratory tests paid under section 1833(h)), or on the basis of inpatient and outpatient services, except that the determination need not be made separately for home health services if the Secretary finds that such separation is not appropriate. (2)(A) Section 18140)X2) of such Act is amended by inserting after "public provider of services" the following: ", or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this paragraph),". (B) Section 1833(a)(2)(B)(ii) of such Act is amended by inserting after "public provider of services" the following: ", or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this clause),". STUDY OF MEDICARE PART B PAYMENTS

Report. 42 USC 1395Z note.

42 USC 1395J.

SEC. 2309. (a)(1) The Director of the Office of Technology Assessment shall conduct a study of physician reimbursement under the medicare program and report to Congress on such study not later than December 31, 1985. The report shall include specific findings and recommendations on methods by which payment amounts and other program policies under part B of title XVIII of the Social Security Act may be modified— .

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