Page:United States Statutes at Large Volume 98 Part 1.djvu/1147

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1099

is rendered" and inserting in lieu thereof "notification of such determination is received". (2) The amendment made by paragraph (1) shall be effective with respect to any civil action commenced on or after the date of the enactment of this Act. (b)(1) The last sentence of section 1878(fKl) of such Act is amended by inserting "or which have obtained a hearing under subsection (b)" after "common ownership or control". (2) The amendment made by paragraph (1) shall be effective with respect to any appeal or action brought on or after the date of the enactment of this Act. (c) Notwithstanding section 604 of the Social Security Amendments of 1983 (Public Law 98-21)— (1) the amendments made by section 602(h)(2)(A) of that Act shall be effective with respect to any appeal or action brought on or after April 20, 1983; and (2) the amendments made by section 602(h)(2)(B) of that Act shall be effective with respect to any appeal or action brought on or after the date of the enactment of this Act.

Effective date. 42 USC 139500 note. 42 USC 139500.

Effective date. 42 USC 139500 note. Effective date. 42 USC 139500 note. 97 Stat. 168. 97 Stat. 163.

FLEXIBLE SANCTIONS FOR NONCOMPUANCE WITH REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES

SEC. 2352. (a) Section 1881(c)(3) of the Social Security Act is 42 USC I395rr amended by adding at the end thereof the following new sentence: "If the Secretary determines that the facility's or provider's failure to cooperate with network plans and goals does not jeopardize patient health or safety or justify termination of certification, he may instead, after reasonable notice to the provider or facility and to the public, impose such other sanctions as he determines to be appropriate, which sanctions may include denial of reimbursement with respect to some or all patients admitted to the facility after the date of notice to the facility or provider, and graduated reduction in reimbursement for all patients.". (b) The amendment made by this section shall apply to determina- Effective date. tions made by the Secretary on or after the date of the enactment of 42 USC 1395rr note. this Act. PAYMENTS TO PROMOTE CLOSURE AND CONVERSION OF UNDERUTILIZED HOSPITAL FACILITIES

SEC. 2353. (a) The Secretary of Health and Human Services shall carry out a study and report to the Congress on the modifications required in section 1884 of the Social Security Act in order to conform the closure and conversion program authorized in that section to the prospective payment system under section 1886(d) of such Act, so as to provide assistance to hospitals which may have particular problems in converting facilities (or parts thereof) from acute care to less intensive care or in closing facilities (or parts thereof). The report shall include recommendations as to how, and whether, implementation of section 1884 as modified may result in reductions in total hospital inpatient costs and total expenditures under title XVIII of the Social Security Act. The Secretary shall submit the report prior to March 31, 1985. (b) During the period prior to March 31, 1985, and notwithstanding section 2101(c) of the Omnibus Budget Reconciliation Act of 1981

study and report. 42 USC 1395UU note. 42 USC 1395UU. 97 Stat. 152. 42 USC 1395WW.

42 USC 1395.

42 USC 1395UU note.

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