Page:United States Statutes at Large Volume 116 Part 1.djvu/655

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PUBLIC LAW 107-188-JUNE 12, 2002 116 STAT. 629 "(A) the specific provisions that will be waived or modified; "(B) the health care providers to whom the waiver or modification will apply; "(C) the geographic area in which the waiver or modification will apply; and "(D) the period of time for which the waiver or modification will be in effect; and "(2) a certification that the waiver or modification is necessary to carry out the purpose specified in subsection (a). "(e) DURATION OF WAIVER.— "(1) IN GENERAL.—^A waiver or modification of requirements pursuant to this section terminates upon— "(A) the termination of the applicable declaration of emergency or disaster described in subsection (g)(1)(A); "(B) the termination of the applicable declaration of public health emergency described in subsection (g)(1)(B); or "(C) subject to paragraph (2), the termination of a period of 60 days from the date the waiver or modification is first published (or, if applicable, the date of extension of the waiver or modification under paragraph (2)). " (2) EXTENSION OF 60-DAY PERIODS.— The Secretary may, by notice, provide for an extension of a 60-day period described in paragraph (1)(C) (or an additional period provided under this paragraph) for additional period or periods (not to exceed, except as subsequently provided under this paragraph, 60 days each), but any such extension shall not affect or prevent the termination of a waiver or modification under subparagraph (A) or (B) of paragraph (1). "(f) REPORT TO CONGRESS. —Within one year after the end of the emergency period in an emergency area in which the Secretary exercised the authority provided under this section, the Secretary shall report to the Congress regarding the approaches used to accomplish the purposes described in subsection (a), including an evaluation of such approaches and recommendations for improved approaches should the need for such emergency authority arise in the future. "(g) DEFINITIONS.— For purposes of this section: "(1) EMERGENCY AREA; EMERGENCY PERIOD. — An 'emergency area' is a geographical area in which, and an 'emergency period' is the period during which, there exists— "(A) an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and "(B) a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act. "(2) HEALTH CARE PROVIDER.—The term 'health care provider' means any entity that furnishes health care items or services, and includes a hospital or other provider of services, a physician or other health care practitioner or professional, a health care facility, or a supplier of health care items or services.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 42 USC i320b-5 shall be effective on and after September 11, 2001. note.