Page:United States Statutes at Large Volume 98 Part 1.djvu/1143

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1095

granting of any subsequent waiver request should such a waiver again become necessary.". (c) The amendments made by subsections (a) and (b) shall become effective on the date of the enactment of this Act. (d) The Secretary of Health and Human Services shall conduct a study of the necessity and appropriateness of the requirements that certain "core" services be furnished directly by a hospice, as required under section 1861(ddX2)(A)(iiXI) of the Social Security Act. The Secretary shall report the results of such study to the Congress with the report required under section 122(i)(l) of the Tax Equity and Fiscal Responsibility Act of 1982.

Effective date. 42 USC 1395x note. 42 USC 1395x note. 42 USC 1395x. Report. 42 USC 1395f note.

MEDICARE RECOVERY AGAINST CERTAIN THIRD PARTIES

S E C 2344. (a) Section 1862(b)(1) of the Social Security Act is 42 USC I395y. amended— (1) in the first sentence, by inserting "promptly" after "to be made"; (2) in the second sentence, by inserting "or could be" after "has been"; and (3) by inserting after the second sentence the following new sentences: "In order to recover payment made under this title for an item or service, the United States may bring an action against any entity which would be responsible for payment with respect to such item or service (or any portion thereof) under such a law, policy, plan, or insurance, or against any entity (including any physician or provider) which has been paid with respect to such item or service under such law, policy, plan, or insurance, and may join or intervene in any action related to the events that gave rise to the need for such item or service. The United States shall be subrogated (to the extent of payment made under this title for an item or service) to any right of an individual or any other entity to payment with respect to such item or service under such a law, policy, plan, or insurance.". (b) Section 1862(b)(2)(B) of such Act is amended— (1) in the first sentence, by inserting "or could be" after "has been"; and (2) by inserting after the first sentence the following new sentences: "In order to recover payment made under this title for an item or service, the United States may bring an action against any entity which would be responsible for payment with respect to such item or service (or any portion thereof) under such a plan, or against any entity (including any physician or provider) which has been paid with respect to such item or service under such plan, and may join or intervene in any action related to the events that gave rise to the need for such item or service. The United States shall be subrogated (to the extent of payment made under this title for an item or service) to any right of an individual or any other entity to payment with respect to such item or service under such a plan.". (c) Section 1862(b)(3)(A)(ii) of such Act is amended— (1) in the first sentence, by inserting "or could be" after "has been"; and (2) by inserting after the first sentence the following new sentences: "In order to recover payment made under this title for an item or service, the United States may bring an action against any entity which would be responsible for payment with

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