PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2383
‘‘(i) to change any common law immunity that may be available to a medicare administrative contractor or person described in subparagraph (A); or ‘‘(ii) to permit the payment of costs not otherwise allowable, reasonable, or allocable under the Federal Acquisition Regulation.’’. (2) CONSIDERATION OF INCORPORATION OF CURRENT LAW STANDARDS.—In developing contract performance requirements under section 1874A(b) of the Social Security Act, as inserted by paragraph (1), the Secretary shall consider inclusion of the performance standards described in sections 1816(f)(2) of such Act (relating to timely processing of reconsiderations and applications for exemptions) and section 1842(b)(2)(B) of such Act (relating to timely review of determinations and fair hearing requests), as such sections were in effect before the date of the enactment of this Act. (b) CONFORMING AMENDMENTS TO SECTION 1816 (RELATING TO FISCAL INTERMEDIARIES).—Section 1816 (42 U.S.C. 1395h) is amended as follows: (1) The heading is amended to read as follows: ‘‘PROVISIONS
42 USC 1395kk–1 note.
RELATING TO THE ADMINISTRATION OF PART A’’.
(2) Subsection (a) is amended to read as follows: ‘‘(a) The administration of this part shall be conducted through contracts with medicare administrative contractors under section 1874A.’’. (3) Subsection (b) is repealed. (4) Subsection (c) is amended— (A) by striking paragraph (1); and (B) in each of paragraphs (2)(A) and (3)(A), by striking ‘‘agreement under this section’’ and inserting ‘‘contract under section 1874A that provides for making payments under this part’’. (5) Subsections (d) through (i) are repealed. (6) Subsections (j) and (k) are each amended— (A) by striking ‘‘An agreement with an agency or organization under this section’’ and inserting ‘‘A contract with a medicare administrative contractor under section 1874A with respect to the administration of this part’’; and (B) by striking ‘‘such agency or organization’’ and inserting ‘‘such medicare administrative contractor’’ each place it appears. (7) Subsection (l) is repealed. (c) CONFORMING AMENDMENTS TO SECTION 1842 (RELATING TO CARRIERS).—Section 1842 (42 U.S.C. 1395u) is amended as follows: (1) The heading is amended to read as follows: ‘‘PROVISIONS
RELATING TO THE ADMINISTRATION OF PART B’’.
(2) Subsection (a) is amended to read as follows: ‘‘(a) The administration of this part shall be conducted through contracts with medicare administrative contractors under section 1874A.’’. (3) Subsection (b) is amended— (A) by striking paragraph (1); (B) in paragraph (2)—
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