PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2211 SEC. 6107. DELAY IN UPDATE AND REDUCTION IN PERCENTAGE IN- CREASE IN THE MEDICARE ECONOMIC INDEX. (a) DELAYING UPDATES UNTIL APRIL 1.— 42 USC I395u (1) IN GENERAL.— Subject to the amendments made by this ^°*®- section, any increase or adjustment in customary, prevailing, or reeisonable charges, fee schedule amounts, maximum allowable actual charges, and other limits on actual charges with respect to physicians' services and other items and services described in paragraph (2) under part B of title XVIII of the Social Security Act which would otherwise occur as of January 1, 1990, shall be delayed so as to occur as of April 1, 1990, and, notwithstanding any other provision of law, the amount of payment under such part for such items and services which are.furnished during the period beginning on January 1, 1990, and ending on March 31, 1990, shall be determined on the same basis as the amount of payment for such services furnished on December 31, 1989. (2) ITEMS AND SERVICES COVERED. —The items and services described in this paragraph are items and services (other than ambulance services and clinical diagnostic laboratory services) for which payment is made under part B of title XVIII of the Social Security Act on the basis of a reasonable charge or a fee schedule. (3) EXTENSION OF PARTICIPATION AGREEMENTS AND RELATED PROVISIONS. —Notwithstanding any other provision of law— (A) subject to the last sentence of this paragraph, each participation agreement in effect on December 31, 1989, under section 1842(h)(l) of the Social Security Act shall remain in effect for the 3-month period beginning on Janu- ary 1, 1990; (B) the effective period for such agreements under such section entered into for 1990 shall be the 9-month period beginning on April 1, 1990, and the Secretary of Health and ':;.. Human Services shall provide an opportunity for physi- cians and suppliers to enroll as participating physicians •A and suppliers l>efore April 1, 1990; (C) instead of publishing, under section 1842(h)(4) of the Social Security Act, at the beginning of 1990, directories of participating physicians and suppliers for 1990, the Sec- retary shall provide for such publication, at the beginning 1* of the 9-month period beginning on April 1, 1990, of such directories of participating physicians and suppliers for such period; and (D) instead of providing to nonparticipating physicians under section 1842(b)(3)(G) of the Social Security Act at the beginning of 1990, a list of maximum allowable actual charges for 1990, the Secretary shall provide, at the begin- ning of the 9-month period beginning on April 1, 1990, such physicians such a list for such 9-month period. An agreement with a participating physician or supplier de- scribed in subparagraph (A) in effect on December 31, 1989, under section 1842(h)(l) of the Social Security Act shall not remain in effect for the period described in subparagraph (A) if the participating physician or supplier requests on or before December 31, 1989, that the agreement be terminated.
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