97 STAT. 172 PUBLIC LAW 98-21 —APR. 20, 1983 amount as may be established by the State under section 1122(g)(l) in which the hospital is located)". 42 USC I320a-i. (c) Section 1122 of such Act is amended by adding at the end thereof the following: "(j) A capital expenditure made by or on behalf of a health care facility shall not be subject to review pursuant to this section if 75 percent of the patients who can reasonably be expected to use the service with respect to which the capital expenditure is made will be individuals enrolled in an eligible organization as defined in section 1876(b), and if the Secretary determines that such capital expendi- ture is for services and facilities which are needed by such organiza- tion in order to operate efficiently and economically and which are not otherwise readily accessible to such organization because— "(1) the facilities do not provide common services at the same site (as usually provided by the organization), "(2) the facilities are not available under a contract of reason- able duration, "(3) full and equal medical staff privil^es in the facilities are not available, "(4) arrangements with such facilities are not administra- tively feasible, or "(5) the purchase of such services is more costly than if the organization provided the services directly.". 42 USC 1395X. (d) Section 1861(z)(2) of such Act is amended by inserting "(A)" after "(2)" and by adding at the end thereof the following new subparagraph: "(B) provides that such plan is submitted to the agency designated under section 1122(b), or if no such agency is desig- nated, to the appropriate health planning agency in the State (but this subparagraph shall not apply in the case of a facility exempt from review under section 1122 by reason of section 1122(j));". Approved April 20, 1983. LEGISLATIVE HISTORY—H.R. 1900 (S. 1): HOUSE REPORTS: No. 98 -25, Pt. 1 (Comm. on Ways and Means) and No. 98 -47 (Comm. of Conference). SENATE REPORT No. 98-23 accompanying S. 1 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 129 (1983): Mar. 9, considered and passed House. Mar. 16-18, 21-23, considered and passed Senate, amended. Mar. 24, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 16 (1983): Apr. 20, Presidential statement.
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