Page:United States Statutes at Large Volume 103 Part 3.djvu/145

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PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2213 under this part, after the effective date of the reduction, the physi- cian's actual charge is subject to a limit under subsection (j)(l)(D).". (2) SPECIAL LIMITS ON ACTUAL CHARGES. — Section 1842(j)(l)(D) of such Act (42 U.S.C. 1895u(j)(l)(D)) is amended— (A) in clause (iiXrV), by inserting "or (b)(15XA)" before the comma at the end, and (B) in clause (iiiXII), by striking "or (b)(14XA)" and insert- ing "(b)(HXA), or (b)(15XA)". (3) EFFECTIVE DATE. —The amendments made by this subsec- 42 USC I395u tion apply to procedures performed after March 31, 1990. ^°^- SEC. 6109. WAIVER OF LIABILITY LIMITING RECOUPMENT IN CERTAIN 42 USC 1395gg CASES. ^°^- In the case where more than the correct amount may have been paid to a physician or individual under part B of title XVIII of the Social Security Act with respect to services furnished during the period beginning on July 1, 1985, and ending on March 31, 1986, as a result of a carrier's establishing statewide fees for certain procedure •^y codes while the carrier was in the process of implementing the national common procedure coding system of the Health Care Financing Administration, the provisions of section 1870(c) of the Social Security Act shall apply, without the need for affirmative action by such a physician or individual, so as to prevent any recoupment, or other decrease in subsequent payments, to the physi- cian or individual. The previous sentence shall apply to claims for items and services which were reopened by carriers on or after July 31, 1987. SEC. 6110. REDUCTION IN CAPITAL PAYMENTS FOR OUTPATIENT HOS- PITAL SERVICES. Section 1861(v)(l)(S) of the Social Security Act (42 U.S.C. 1395x(v)(l)(S)) is amended— (1) by inserting "(i)" after "(S)", and (2) by adding at the end the following new clause: "(iiXI) Such regulations shall provide that, in determining the amount of the pa3nnents that may be made under this title with respect to all the capital-related costs of outpatient hospital services, the Secretary shall reduce the amounts of such payments otherwise established under this title by 15 percent for payments attributable to portions of cost reporting periods occurring during fiscal year 1990. "(II) Subclause (I) shall not apply to payments with respect to the capital-related costs of any hospital that is a sole community hos- pital (as defined in section 1886(d)(5)(D)(iii)). "(Ill) In applying subclause (I) to services for which payment is made on the basis of a blend amount under section 1833(i)(3)(A)(ii) or 1833(n)(l)(A)(ii), capital-related costs reflected in the amounts de- scribed in sections 1833(i)(3)(B)(i)(I) and 1833(n)(l)(B)(i)(I), respec- tively, shall be reduced in accordance with such subclause.". SEC. 6111. CLINICAL DIAGNOSTIC LABORATORY TESTS. (a) REDUCTION OF LIMITATION AMOUNT ON PAYMENT AMOUNT.— Section 1833(h) of the Social Security Act (42 U.S.C. 13951(h)) is amended— (1) in subparagraphs (B) and (C) of paragraph (1), by striking "during the period" and all that follows through "established on a nationwide basis" and inserting "on or after July 1, 1984";