PUBLIC LAW 97-248—SEPT. 3, 1982 inpatient hospital services, of hospital employees, and of hospital patients; and "(C) the Secretary has been provided satisfactory assurances that under the system, over 36-month periods (the first such period beginning with the first month in which this subsection applies to that system in the State), the amount of payments made under this title under such system will not exceed the amount of payments which would otherwise have been made under this title not using such system. "(2) In determining under paragraph (1)(C) the amount of payment which would otherwise have been made under this title for a State, the Secretary may provide for appropriate adjustment of such amount to take into account previous reductions effected in the amount of payments made under this title in the State due to the operation of the hospital reimbursement control system in the State if the system has resulted in an aggregate rate of increase in operating costs of inpatient hospital services (as defined in subsection (a)(4)) under this title for hospitals in the State which is less than the aggregate rate of increase in such costs under this title for hospitals in the United States. "(3) The Secretary shall discontinue payments under a system described in paragraph (1) if the Secretary— "(A) determines that the system no longer meets the requirement of paragraph (1)(A) or "(B) has reason to believe that the assurances described in subparagraph (B) or (C) of paragraph (1) are not being (or will not be) met.". (2) Section 1861(v)(l)(L) of such Act is amended by striking out "(i)" and all that follows through "(ii)". (b)(1) The amendments made by subsection (a) shall apply to cost reporting periods beginning on or after October 1, 1982. (2)(A) The Secretary of Health and Human Services shall first issue such final regulations (whether on an interim or other basis) before October 1, 1982, as may be necessary to implement such amendments on a timely basis. If such regulations are promulgated on an interim final basis, the Secretary shall take such steps as may be necessary to provide opportunity for public comment, and appropriate revision based thereon, so as to provide that such regulations are not on an interim basis later than March 31, 1983. (B) Chapter 35 of title 5, United States Code, shall not apply, until January 1, 1984, to collection of information and information collection requests which the Secretary of Health and Human Services determines to be necessary to carry out the amendments made by this section. (3) Section 1135 of the Social Security Act is amended by adding at the end the following new subsection: "(c) The Secretary shall develop, in consultation with the Senate Committee on Finance and the Committee on Ways and Means of the House of Representatives, proposals for legislation which would provide that hospitals, skilled nursing facilities, and, to the extent feasible, other providers, would be reimbursed under title XVIII of this Act on a prospective basis. The Secretary shall report such proposals to such committees not later than December 31, 1982.". (c)(1) Section 1814(b) of the Social Security Act is amended— (A) by striking out "section 1813" in the matter before paragraph (1) and inserting in lieu thereof "sections 1813 and 1886"; and
96 STAT. 335
95 Stat. 798. 42 USC 1395x. 42 USC 1395w^ note. Regulations.
5 USC 3501 et seq.
95 Stat. 809. 42 USC 1320b-5.
42 USC 1395. Report to congressional committees. 42 USC 1395f.
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