PUBLIC LAW 90-248-JAN. 2, 1968
would otherwise be entitled to reimbursement or payment on the basis of reasonable cost, for services provided— (1) under title X VIII of the Social Security Act, (2) under a State plan approved under title X IX of such Act, or
42 USC 1395. 42 USC 1396.
(3) under a plan developed under title V of such Act, QOI"'^' ^^' ^^^' and which are selected by the Secretary in accordance with regulations Ante. p. 921. established by the Secretary, would be reimbursed or paid in any manner mutually agreed upon by the Secretary and the physician, organization, or institution. The method of payment (in the case of physicians) or reimbursement (in the case of an organization or institution) which may be applied in such experiments shall be such as the Secretary may select and may be based on charges or costs adjusted by incentive factors and may include specific incentive payments or reductions of payments for the performance of specific actions but in any case shall be such as he determines may, through exgeriment, be demonstrated to have the effect of increasing the efciency and economy of health services through the creation of additional incentives to these ends without adversely affecting the quality of such services. (b) I n the case of any experiment under subsection (a), the Secretary may waive compliance with the requirements of titles X VIII, X IX, and V of the Social Security Act insofar as such requirements relate to reimbursement or payment on the basis of reasonable cost, or (in the case of physicians) on the basis of reasonable charge; and costs incurred in such experiment in excess of the costs which would otherwise be reimbursed or paid under such titles may be reimbursed or paid to the extent that such waiver applies to them (with such excess being borne by the Secretary). No experiment shall be engaged in or developed under subsection ca) until the Secretary obtains the advice and recommendations of specialists who are competent to evaluate the proposed experiment as to the soundness of its objectives, the possibilities of securing productive results, the adequacy of resources to conduct the proposed experiment, and its relationship to other similar experiments already completed or in process. (c) Section 1875(b) of the Social Security Act is amended by in- 79 Stat. 332.^^ serting after "under parts A and B " the following: "(including the '^^ "^^ ^^^^ experimentation authorized by section 402 of the Social Security Amendments of 1967)". C H A N G E S TO REFLECT CODIFICATION OF TITLE 5, UNITED STATES CODE
SEC. 403. (a)(1) Section 210(a)(6)(C) (iv) of the Social Security Act is amended by striking out "under section 2 of the Act of A u ^ s t 4, 1947" and inserting in lieu thereof "under section 5351(2) of title 5, United States Code", and by striking out "; 5 U.S.C. sec. 1052". (2) Section 210(a)(6)(C) (vi) of such Act is amended by striking out "the Civil Service Retirement Act" and inserting in lieu thereof "subchapter III of chapter 83 of title 5, United States Code,". (3) Section 210(a)(7)(D) (ii) of such Act is amended by striking out "under section 2 of the Act of August 4, 1947" and inserting in lieu thereof "under section 5351(2) of title 5, United States Code", and by striking o u t "; 6 ll.S.C. 1052". (b) Section 215(h)(1) of such Act is amended— (1) by striking out "of the C'ivil Service Retirement Act," and inserting in lieu thereof "of subchapter III of chapter 83 of title 5, United States Code,"; and
42 USC 410.
'*2 USC 4i5.