PUBLIC LAW 92-603-OCT. 30, 1972
1386 42 USC 1395J.
Effective date. 42 USC 1395c, 1395J.
(when the determination is under part B) wlien the amount of benefit or payments is in controversy, except that such rights may, under prescribed regulations, be exercised by such provider or other person only after the Secretary determines that the individual will not exercise such rights under such sections." (b) The amendments made by this section shall be effective with respect to claims under part A or part B of title X VIII of the Social Security Act, filed with respect to items or services furnished after the date of the enactment of this Act. LIMITATIOX
42 USC 1301.
58 Stat. 42 USC note. 77 Stat. 42 USC note.
682. 201 282. 2661
OX FEDERAL r A K T I C I P A T I O N FOR CAPITAL
EXPENDITURES
SEC. 221. (a) Title X I of the Social Security Act is amended by adding at the end thereof the following new section: "LIMITATION
42 USC 701, 1395, 1396.
[86 STAT.
O X FEDERAL PARTK I P A T I O X FOR CAPITAL E X P E X D I T t ' R E S
"SEC. 1122. (a) The purpose of this section is to assure that Federal funds appropriated under titles V, X VIII, and X IX are not used to support unnecessary capital expenditures made by or on behalf of health care facilities or health maintenance organizations which are reimbursed under any of such titles and that, to the extent possible, reimbursement under such titles shall support planning activities with respect to health services and facilities in the various States. (b) The Secretary, after consultation with the Governor (or other chief executive officer) and with appropriate local public officials, shall make an agreement with any State which is able and willing to do so under which a designated planning agency (which shall be an agency described in clause (ii) of subsection (d)(1)(B) that has a governing body or advisory board at least half of whose members represent consumer interests) will— "(1) make, and submit to the Secretary together with such supporting materials as he may find necessary, findings and recommendations with respect to capital expenditures proposed by or on behalf of any health care facility or health maintenance organization in such State within the field of its responsibilities, (2) receive from other agencies described in clause (ii) of subsection (d)(1)(B), and submit to the Secretary together with such supporting material as he may find necessary, the findings and recommendations of such other agencies with respect to capital expenditures proposed by or on behalf of health care facilities or health maintenance organizations in such State within the fields of their respective responsibilities, and "(3) establish and maintain procedures pursuant to which a person proposing any such capital expenditure may appeal a recommendation by the designated agency and will be granted an opportunity for a fair hearing by such agency or person other than the designated agency as the Governor (or other chief executive officer) may designate to hold such hearings, whenever and to the extent that the findings of such designated agency or any such other agency indicate that any such expenditure is not consistent with the standards, criteria, or plans developed pursuant to the Public Health Service Act (or the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963) to meet the need for adequate health care facilities in the area covered by the plan or plans so developed. "(c) The Secretary shall pay any such State from the Federal Hospital Insurance Trust Fund, in advance or by way of reimbursement as may be provided in the agreement with it (and may make
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