PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2237
(4) TRANSITIONAL ADJUSTMENT.— (A) IN GENERAL.—In order to provide for a transition during 2004 and 2005 to the payment system established under the amendments made by this section, in the case of physicians’ services consisting of drug administration services described in subparagraph (H)(iv) of section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w– 4(c)(2)), as added by paragraph (1)(B), furnished on or after January 1, 2004, and before January 1, 2006, in addition to the amount determined under the fee schedule under section 1848(b) of such Act (42 U.S.C. 1395w–4(b)) there also shall be paid to the physician from the Federal Supplementary Medical Insurance Trust Fund an amount equal to the applicable percentage specified in subparagraph (B) of such fee schedule amount for the services so determined. (B) APPLICABLE PERCENTAGE.—The applicable percentage specified in this subparagraph for services furnished— (i) during 2004, is 32 percent; and (ii) during 2005, is 3 percent. (5) MEDPAC REVIEW AND REPORTS; SECRETARIAL RESPONSE.— (A) REVIEW.—The Medicare Payment Advisory Commission shall review the payment changes made under this section insofar as they affect payment under part B of title XVIII of the Social Security Act— (i) for items and services furnished by oncologists; and (ii) for drug administration services furnished by other specialists. (B) OTHER MATTERS STUDIED.—In conducting the review under subparagraph (A), the Commission shall also review such changes as they affect— (i) the quality of care furnished to individuals enrolled under part B and the satisfaction of such individuals with that care; (ii) the adequacy of reimbursement as applied in, and the availability in, different geographic areas and to different physician practice sizes; and (iii) the impact on physician practices. (C) REPORTS.—The Commission shall submit to the Secretary and Congress— (i) not later than January 1, 2006, a report on the review conducted under subparagraph (A)(i); and (ii) not later than January 1, 2007, a report on the review conducted under subparagraph (A)(ii). Each such report may include such recommendations regarding further adjustments in such payments as the Commission deems appropriate. (D) SECRETARIAL RESPONSE.—As part of the rulemaking with respect to payment for physicians services under section 1848 of the Social Security Act (42 U.S.C. 1395w–4) for 2007, the Secretary may make appropriate adjustments to payment for items and services described in subparagraph (A)(i), taking into account the report submitted under such subparagraph (C)(i).
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42 USC 1395w–4 note.
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