Page:United States Statutes at Large Volume 107 Part 1.djvu/611

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PUBLIC LAW 103-66—AUG. 10, 1993 107 STAT. 585 SEC. 13517. EXTENSION OF PHYSICIAN PAYMENT PROVISIONS TO NONPARTICIPATING SUPPLIERS AND OTHER PERSONS. (a) IN GENERAL. — Section 1848 (42 U.S.C. 1395w-4) is amended— (1) in subsection (a)(3)— (A) in the heading, by inserting "AND SUPPUERS" after "PH YSICIANS", (B) by inserting "or a nonparticipating supplier or other person" alter "nonparticipating physician, and (C) b^ adding at the end the following: "In the case of physicians' services (including services which the Secretary excludes pursuant to subsection (j)(3)) of a nonparticipating physician, supplier, or other person for which payment is made under this part on a basis other than the fee schedule amount, the payment shall be based on 95 percent of the pa3anent basis for such services furnished by a participating physician, supplier, or other person."; (2) in subsection (g)(l)— (A) by inserting "or nonparticipating supplier or other person (as defined in section 1842(i)(2))" after nonparticipating physician", (B) by inserting including services which the Secretary excludes pursuant to subsection (j)(3)," after "physician^ services (, (C) by inserting ", supplier, or other person" after "such phvsician", and (D) by adding at the end the following: "In applying this subparagraph, any reference in such section to a physician is deemed also to include a reference to a supplier or other person under this subparagraph."; (3) in subsection (g)(2)(C), by inserting "or for nonparticipating suppliers or other persons" after "nonparticipating physicians"; (4) in subsection (g)(2)(D), by inserting "(or, if payment under this part is made on a basis other than the fee schedule under this section, 95 percent of the other payment basis)" after "subsection (a)"; (5) in subsection (h)— (A) by inserting "or nonparticipating supplier or other person furnishing physicians services (as denned in section 1848(j)(3))" after "physician" the first place it appears, (B) by inserting ", supplier, or other person" after "physician" the second place it appears, and (C) by inserting ", suppliers, and other persons" after "physicians" the second place it appears; and (6) in subsection (j)(3), W inserting ", except for purposes of subsections (a)(3), (g), and (h)" after "tests and. (b) CONFORMING DEFINITION.— Section 1842(i)(2) (42 U.S.C. 1395u(i)(2)) is amended— (1) by striking ", and the term" and inserting "; the term", and (2) by inserting before the period at the end the following: "; and the term inonparticipating supplier or other person' means a supplier or other person (excluding a provider of services) that is not a participating physician or supplier (as defined in subsection (h)(1))".