114 STAT. 2763A-506 PUBLIC LAW 106-554—APPENDIX F (d) TRANSITION.— (1) IN GENERAL. —In the case of a medical device provided as part of a service (or group of services) furnished during the period before initial categories are implemented under subparagraph (B)(i) of section 1833(t)(6) of the Social Security Act (as amended by subsection (a)), payment shall be made for such device under such section in accordance with the provisions in effect before the date of the enactment of this Act. In addition, beginning on the date that is 30 days after the date of the enactment of this Act, payment shall be made for such a device that is not included in a program memorandum described in such subparagraph if the Secretary of Health and Human Services determines that the device (including a device that would have been included in such program memoranda but for the requirement of subparagraph (A)(iv)(I) of that section) is likely to be described by such an initial category. (2) APPLICATION OF CURRENT PROCESS. —Notwithstanding any other provision of law, the Secretary shall continue to accept applications with respect to medical devices under the process established pursuant to paragraph (6) of section 1833(t) of the Social Security Act (as in effect on the day before the date of the enactment of this Act) through December 1, 2000, and any device— (A) with respect to which an application was submitted (pursuant to such process) on or before such date; and (B) that meets the requirements of clause (ii) or (iv) of subparagraph (A) of such paragraph (as determined pursuant to such process), shall be treated as a device with respect to which an initial category is required to be established under subparagraph (B)(i) of such paragraph (as amended by subsection (a)(2)). SEC. 403. APPLICATION OF OPD PPS TRANSITIONAL CORRIDOR PAY- MENTS TO CERTAIN HOSPITALS THAT DID NOT SUBMIT A1996 COST REPORT. (a) IN GENERAL.—Section 1833(t)(7)(F)(ii)(I) (42 U.S.C. 13951(t)(7)(F)(ii)(I)) is amended by inserting "(or in the case of a hospital that did not submit a cost report for such period, during the first subsequent cost reporting period ending before 2001 for which the hospital submitted a cost report)" after "1996". (b) EFFECTIVE DATE. —The amendment made by subsection (a) shall take effect as if included in the enactment of BBRA. SEC. 404. APPLICATION OF RULES FOR DETERMINING PROVIDER- BASED STATUS FOR CERTAIN ENTITIES. (a) GRANDFATHER.— Notwithstanding any other provision of law, effective October 1, 2000, for purposes of provider-based status under title XVIII of the Social Security Act— (1) any facility or organization that is treated as providerbased in relation to a hospital or critical access hospital under such title as of such date shall continue to be treated as provider-based in relation to such hospital or critical access hospital under such title until October 1, 2002; sind (2) the requirements, limitations, and exclusions specified in subsections (d), (e), (f), and (h) of section 413.65 of title 42, Code of Federal Regulations, shall not apply to such facility or organization in relation to such hospital or critical access hospital until October 1, 2002.
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