Page:United States Statutes at Large Volume 102 Part 3.djvu/961

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-578—OCT. 31, 1988

102 STAT. 2913

"(C) F E E S IMPOSED UNDER PARAGRAPHS (1) AND (2).—FeCS

imposed under paragraphs (1) and (2) shall vary by group or classification of laboratory, based on such considerations as the Secretary determines are relevant, which may include the dollar volume and scope of the testing being performed by the laboratories. "(n) INFORMATION.—On April 1, 1990 and annually thereafter, the Health care Secretary shall compile and make available to physicians and the professionals. general public information, based on the previous calendar year, which the Secretary determines is useful in evaluating the performance of a laboratory, including— "(1) a list of laboratories which have been convicted under Federal or State laws relating to fraud and abuse, false billings, or kickbacks, "(2) a list of laboratories— "(A) which have had their certificates revoked, suspended, or limited under subsection (i), or "(B) which have been the subject of a sanction under subsection (1), together with a statement of the reasons for the revocation, suspension, limitation, or sanction, "(3) a list of laboratories subject to intermediate sanctions under subsection (h) together with a statement of the reasons for the sanctions, "(4) a list of laboratories whose accreditation has been withdrawn or revoked together with a statement of the reasons for the withdrawal or revocation, "(5) a list of laboratories against which the Secretary has taken action under subsection (j) together with a statement of the reasons for such action, and "(6) a list of laboratories which have been excluded from participation under title XVIII or XIX of the Social Security Act. The information to be compiled under paragraphs (1) through (6) shall be information for the calendar year preceding the date the information is to be made available to the public and shall be accompanied by such explanatory information as may be appropriate to assist in the interpretation of the information compiled under such paragraphs. "(o) DELEGATION.—In carrying out this section, the Secretary may, pursuant to agreement, use the services or facilities of any Federal or State or local public agency or nonprofit private organization, and may pay therefor in advance or by way of reimbursement, and in such installments, as the Secretary may determine, "(p) STATE LAWS.—

"(1) Except as provided in paragraph (2), nothing in this section shall be construed as affecting the power of any State to enact and enforce laws relating to the matters covered by this section to the extent that such laws are not inconsistent with this section or with the regulations issued under this section. "(2) If a State enacts laws relating to matters covered by this section which provide for requirements equal to or^.more stringent than the requirements of this section or than the regulations issued under this section, the Secretary may exempt clinical laboratories in that State from compliance with this section.