97 STAT. 162 PUBLIC LAW 98-21 —APR. 20, 1983 42 USC 1320c. 42 USC 1301. 42 USC 1395y. 42 USC 1320a-l. 42 USC 1395y. "(ii) Eighty-five percent of such appropriation shall be payable from the Federal Hospital Insurance Trust Fund, and 15 percent of such appropriation shall be payable from the Federal Supplemen- tal^ Medical Insurance Trust Fund. (fKD The Secretary shall maintain, for a period ending not earlier than September 30, 1988, a system for the reporting of costs of hospitals receiving pa3mients computed under subsection (d). "(2) If the Secretary determines, based upon information supplied by a utilization and quality control peer review organization under part B of title XI, that a hospital, in order to circumvent the payment method established under subsection (b) or (d) of this section, has taken an action that results in the admission of individ- uals entitled to benefits under part A unnecessarily, unnecessary multiple admissions of the same such individuals, or other inappro- priate medical or other practices with respect to such individuals, the Secretary may— "(A) deny payment (in whole or in part) under part A with respect to inpatient hospital services provided with respect to such an unnecessary admission (or subsequent admission of the same individual), or "(B) require the hospital to take other corrective action neces- sary to prevent or correct the inappropriate practice. "(3) The provisions of paragraphs (2), (3), and (4) of section 1862(d) shall apply to determinations under paragraph (2) of this subsection in the same manner as they apply to determinations made under section 1862(d)(l). "(g)(1) If the Congress does not enact legislation, after the date of the enactment of this subsection and before October 1, 1986, respect- ing the payment under this title for capital-related costs for inpa- tient hospital services, no payment may be made under this title for capital-related costs of capital expenditures (as defined in section 1122(g) and except as provided in section 1122(j)) for inpatient hospital services in a State, which expenditures are obligated after September 30, 1986, unless the State has an agreement with the Secretary under section 1122(b) and under the ^eement the State has recommended approval of the capital expenditures. "(2) The Secretary shall provide that the amount which is allow- able, with respect to reasonable costs of inpatient hospital services for which payment may be made under this title, for a return on equity capital for hospitals shall, for cost reporting periods begin- ning on or after the date of the enactment of this subsection, be equal to amounts otherwise allowable under regulations in effect on March 1, 1983, except that the rate of return to be recognized shall be equal to the average of the rates of interest, for each of the months any part of which is included in the reporting period, on obligations issued for purchase by the Federal Hospitm Insurance Trust Fund. ". (f) Section 1862(a)(l) of the Social Security Act is amended— (1) by striking out "(B) or (C)" and inserting in lieu thereof "(B),(C),or(D)"; (2) by striking out "and" at the end of subparagraph (B); (3) by striking out the semicolon at the end of subparagraph (C) and inserting in lieu thereof a comma and "and"; and (4) by adding at the end thereof the following new subparagraph: "(D) in the case of clinical care items and services provided with the concurrence of the Secretary and with respect to
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