104 STAT. 1388-80 PUBLIC LAW 101-508—NOV. 5, 1990 (f) PROHIBITION AGAINST DISTRIBUTION OF MEDICAL NECESSITY FORMS BY SUPPLIERS. (1) IN GENERAL.— Section 1834(a) (42 U.S.C. 1395m(a)), as amended by subsections (b) and (e), is further amended by adding at the end the following new paragraph: "(16) PROHIBITION AGAINST DISTRIBUTION BY SUPPLIERS OF FORMS DOCUMENTING MEDICAL NECESSITY.— "(A) IN GENERAL,—A supplier of a covered item under this subsection may not distribute to physicians or to individuals entitled to benefits under this part for commercial purposes any completed or partially completed forms or other documents required by the Secretary to be submitted to show that a covered item is reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member. "(B) PENALTY.— Any supplier of a covered item who knowingly and willfully distributes a form or other document in violation of subparagraph (A) is subject to a civil money penalty in an amount not to exceed $1,000 for each such form or document so distributed. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to civil money penalties under this subparagraph in the same manner as they apply to a penalty or proceeding under section 1128A(a).". 42 USC 1395m (2) EFFECTIVE DATE.— The amendment made by paragraph (1) °°*®- shall apply to forms and documents distributed on or after January 1, 1991. (g) RECERTIFICATION FOR CERTAIN PATIENTS RECEIVING HOME OXYGEN THERAPY SERVICES ^~ (1) IN GENERAL.— Section 1834(a)(5) (42 U.S.C. 1395m(a)(5)) is amended— (A) in subparagraph (A), by striking "(B) and (C)" and inserting "(B), (C), and (E)"; and (B) by adding at the end the following new subparagraph: "(E) RECERTIFICATION FOR PATIENTS RECEIVING HOME OXYGEN THERAPY.— In the case of a patient receiving home oxygen therapy services who, at the time such services are initiated, has an initial arterial blood gas value at or above a partial pressure of 55 or an arterial oxygen saturation at or above 89 percent (or such other values, pressures, or criteria asJhe Secretary may specify) no payment may be made under this part for such services after the expiration of the 90-day period that begins on the date the patient first receives such services unless the patient's attending physician certifies that, on the basis of a follow-up test of the patient's arterial blood gas value or arterial oxygen saturation conducted during the final 30 days of such 90-day period, there is a medical need for the patient to continue to receive such services.". 42 USC 1395m (2) EFFECTIVE DATE. — The amendments made by paragraph (1) note. shall apply to patients who first receive home oxygen therapy services on or after January 1, 1991. (h) TECHNICAL CORRECTIONS. —Effective as if included in the enactment of the Omnibus Budget Reconciliation Act of 1987, section 42 USC 1395f 4062(e) of such Act is amended— note.
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