Page:United States Statutes at Large Volume 98 Part 1.djvu/1142

 98 STAT. 1094

PUBLIC LAW 98-369—JULY 18, 1984

INCLUDING PODIATRISTS IN DEFINITION OF PHYSICIAN FOR OUTPATIENT PHYSICAL THERAPY SERVICES AND INCLUDING PODIATRISTS AND DENTISTS IN DEFINITION OF " P H Y S I C I A N " FOR OUTPATIENT AMBULATORY SURGERY 42 USC 1395x.

42 USC 1395k.

42 USC 1395x.

Effective date. 42 USC 1395k note.

SEC. 2341. (a) Section 1861(p)(l) of the Social Security Act is amended by striking out "section 1861(r)(l)" and inserting in lieu thereof "paragraph (1) or (3) of section 1861(r)". (b) Section 1832(a)(2)(F)(ii) of such Act is amended by striking out "section 1861(r)(l)" and inserting in lieu thereof "paragraph (1), (2), or (3) of section 1861(r)". (c) Section 1861(r)(3) of such Act is amended— (1) by striking out "and (m)" the first place it appears and inserting in lieu thereof ", (m), and (p)(D", and (2) by inserting ", 1832(a)(2)(F)(ii)," after "1814(a)" the first place it appears. (d) The amendments made by this section apply to services furnished on or after the date of the enactment of this Act. ESTABLISHMENT BY PHYSICAL THERAPISTS OF PLANS FOR PHYSICAL THERAPY

42 USC 1395x.

42 USC 1395n.

Effective date. 42 USC 1395n note.

SEC. 2342. (a) Section 1861(p)(2) of the Social Security Act is amended by striking out ", and is periodically reviewed, by a physician (as so defined)" and inserting in lieu thereof "by a physician (as so defined) or by a qualified physical therapist and is periodically reviewed by a physician (as so defined)". (b) Section 1835(a)(2)(C)(ii) of such Act is amended by striking out ", and is periodically reviewed, by a physician" and inserting in lieu thereof "by a physician or by the qualified physical therapist providing such services and is periodically reviewed by a physician". (c) The amendments made by this section apply to plans of care established on or after the date of the enactment of this Act. HOSPICE CONTRACTING FOR CORE SERVICES

42 USC 1395x.

SEC. 2343. (a) Section 1861(ddX2XAXiiXI) of the Social Security Act is amended by inserting "except as otherwise provided in paragraph (5)," before "and" at the end thereof. (b) Section 1861(dd) of such Act is amended by adding at the end thereof the following new paragraph: "(5)(A) The Secretary may waive the requirements of paragraph (2)(A)(ii)(I) for an agency or organization with respect to all or part of the nursing care described in paragraph (I)(A) if such agency or organization— "(i) is located in an area which is not an urbanized area (as defined by the Bureau of the C!ensus); "(ii) was in operation on or before January 1, 1983; and "(iii) has demonstrated a good faith effort (as determined by the Secretary) to hire a sufficient number of nurses to provide such nursing care directly. "(B) Any waiver, which is in such form and containing such information as the Secretary may require and which is requested by an agency or organization under subparagraph (A), shall be deemed to be granted unless such request is denied by the Secretary within 60 days after the date such request is received by the Secretary. The granting of a waiver under subparagraph (A) shall not preclude the

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