Page:United States Statutes at Large Volume 98 Part 1.djvu/1132

 98 STAT. 1084

42 USC 1395WW.

42 USC 1395b-l.

42 USC 1395c.

PUBLIC LAW 98-369—JULY 18, 1984

enactment of this section, that the State does not want paragraph (1) to apply to that project. (3) The period referred to in paragraph (1) begins on the date of the enactment of this section and continues so long as the Secretary continues the Statewide waiver referred to in subsection (b), but in no case ends earlier than 90 days after the date final regulations to implement section 1886(c) of the Social Security Act are published, (b) The project referred to in subsection (a) is the statewide demonstration project established in the State of New Jersey under section 402 of the Social Security Amendments of 1967, as amended by section 2220t)) of the Social Security Amendments of 1972 (Public Law 92-603), which project provides for payments to hospitals in the State on a prospective basis and related to a clsissification of patients by diagnosis-related groups. (c) Payment for services described in this section shall be considered to be payments for services under part A of title XVIII of the Social Security Act. COST SHARING FOR DURABLE MEDICAL EQUIPMENT FURNISHED AS A HOME HEALTH BENEFIT

42 USC 1395f. 97 Stat. 152.

SEC. 2321. (a)(1) The matter in section 1814(b) of the Social Security Act preceding paragraph (1) is amended by inserting "and other than a home health agency with respect to durable medical equipment" after "hospice care". (2) Section 1814 of such Act is amended by adding at the end thereof the following new subsection: "Payments to Home Health Agencies for Durable Medical Equipment

42 USC I395x.

42 USC 1395CC.

42 USC 1395Z.

42 USC 1395CC. Post, p. 1085.

"(k) The amount paid to any home health agency with respect to durable medical equipment for which payment may be made under this part shall be— "(1) the lesser of— "(A) the reasonable cost of such equipment, as determined under section 1861(v), or "(B) the customary charges with respect to such equipment, less the amount the home health agency may charge as described in section 1866(a)(2)(A)(ii), but in no case may the payment for such equipment exceed 80 percent of such reasonable cost, or "(2) if such equipment is furnished by a public home health agency free of charge or at nominal charge to the public, the amount which the Secretary finds will provide fair compensation to the home health agency.". (b)(1) The matter in section 1833(a)(2)(A) of such Act preceding clause (i) is amended by inserting "(other than durable medical equipment)" after "home health services". (2) The matter in section 1833(a)(2)(B) of such Act preceding clause (i) is amended by inserting "items and" after "other'. (c) Section 1866(a)(2)(A)(ii) of such Act is amended by inserting "or which are durable medical equipment furnished as home health services" after "part B". (d)(1) The first sentence of section 1833(f)(1) of such Act is amended by striking out "as described in section 1861(s)(6)".

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