PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2243 42 USC 1395x note. (f) QUARTERLY REPORTS TO CONGRESS ON COMPARATIVE UTIUZA- 42 USC I395nn TiON.—The Secretary of Health and Human Services shall submit to ' ^o*®- the Congress and the Comptroller General, not later than 90 days after the end of each calendar quarter, a report which provides a statistical profile (by State and type of item or service) comparing utilization of items and services by medicare beneficiaries served by entities in which the referring physician has a direct or indirect financial interest and by medicare beneficiaries served by other entities. SEC. 6205. COSTS OF NURSING AND ALLIED HEALTH EDUCATION. (a) RECOGNITION OF COSTS OP CERTAIN HOSPITAL-BASED NURSING SCHOOLS. — (1) IN GENERAL. —(A) The reasonable costs incurred by a hos- pital in training students of a hospital-based nursing school ,- shall be allowable as reasonable costs under title XVIII of the Social Security Act and reimbursed under such title on the same basis as if they were allowable direct costs of a hospital- operated educational program (other than an approved grad- uate medical education program) if, before June 15, 1989, and
- thereafter, the hospital demonstrates that for each year, it
incurs at least 50 percent of the costs of training nursing students at such school, the nursing school and the hospital share some common board members, and all instruction is provided at the hospital or, if in another building, a building on the immediate grounds of the hospital. (B) Section 8411(b) of the Technical and Miscellaneous Reve- nue Act of 1988 is amended by striking "1989, 1990, and" and inserting "1986 through". (2) EFFECTIVE DATE. —Paragraph (I)(A) shall apply with re- spect to cost reporting periods beginning on or after the date of the enactment of this Act and on or before the date on which the Secretary issues regulations pursuant to subsection (b)(2)(A). (b) DELAY IN RECOUPMENT OF CERTAIN NURSING AND ALUED EDU- CATION COSTS. — (1) The Secretary of Health and Human Services (in this subsection referred to as the "Secretary") shall not, before October 1, 1990, recoup from, or otherwise reduce or adjust payments under title XVIII of the Social Security Act to, hos- pitals because of alleged overpayments to such hospitals under such title due to a determination that costs which were reported by a hospital on its medicare cost reports relating to approved nursing and allied health education programs were allowable costs and are included in the definition of "operating costs of inpatient hospital services" pursuant to section 1886(a)(4) of such Act, so that no pass-through of such costs was permitted under that section. (2)(A) Before July 1, 1990, the Secretary shall issue regula- Regulations. tions respecting payment of costs described in paragraph (1). (B) In issuing such regulations— (i) the Secretary shall allow a comment period of not less than 60 days, (ii) the Secretary shall consult with the Prospective Pay- '-" ment Assessment Commission, and 42 USC 1395b-l note. 42 USC 1395x note. 42 USC 1395WW note.