PUBLIC LAW 103-432—OCT. 31, 1994 108 STAT. 4425 42 USC 1395/. not updated amounts established under such subparagraphs with respect to facihty services furnished during a fiscal year (beginning wim fiscal year 1996), such amounts shall be increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) as estimated by the Secretary for the 12-montii period ending with the midpoint of the year involved.". (3) CONSULTATION REQUIREMENT. —The second sentence of section 1833(i)(l) (42 U.S.C. 13951(1)(1)) is amended by striking 42 USC 1395/. the period and inserting the following: *, in consultation with appropriate trade and professional organizations.". (b) ADJUSTMENTS TO PAYMENT AMOUNTS FOR NEW TECHNOLOGY INTRAOCULAR LENSES. — (1) ESTABLISHMENT OF PROCESS FOR REVIEW OF AMOUNTS. — Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this subsection referred to as the "Secretary") shall develop and implement a process under which interested parties may request review by the Secretary of the appropriateness of the reimbursement amount provided under section 1833(i)(2)(A)(iii) of the Social Security Act with respect to a class of new technology intraocular lenses. For pmposes of the preceding sentence, an intraocular lens may not be treated as a new technology lens unless it has been approved by the Food and Drug Administration. (2) FACTORS CONSIDERED.— In determining whether to provide an adjustment of payment with respect to a particular lens under paragraph (1), the Secretary shall take into account whether use of the lens is likely to result in reduced risk of intraoperative or postoperative complication or trauma, accelerated postoperative recovery, reduced induced astigmatism, improved postoperative visusil acuity, more stable postoperative vision, or other compayable cUnical advantages. (3) NOTICE AND COMMENT.—The Secretary shall publish notice in the Federal Register from time to time (but no less oft«n than once each year) of a list of the requests that the Secretary has received for review under this subsection, and shall provide for a 30-day comment period on the lenses that are the subjects of the requests contained in such notice. The Secretary snail publish a notice of the Secretary's determinations with respect to intraocular lenses listed in the notice within 90 days after the close of the comment period. (4) EFFECTIVE DATE OF ADJUSTMENT.—Any adjustment of a payment amount (or payment limit) made under this subsection shall become effective not later than 30 days after the date on which the notice with respect to the adjustment is pubhshed under paragraph (3). (c) TECHNICAL CORRECJTION RELATING TO BLEND AMOUNTS FOR AMBULATORY SURGICAL CENTER PAYMENTS.— (1) IN GENERAL.—Subclauses (I) and (II) of section 1833(i)(3)(B)(ii) (42 U.S.C. 13951(i)(3)(B)(ii)) are each amended— 42 USC 1395/ (A) by striking "for reporting" and inserting "for portions of cost reporting"; and (B) by striking and on or before" and inserting "and ending on or before". (2) EFFECTIVE DATE.— The amendments made by paragraph (1) shall take effect as if included in the enactment of OBRA- 1990. Federal Register, publication. 42 USC 1395/ note.
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