Page:United States Statutes at Large Volume 97.djvu/681

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PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 649 cal circumstances that are confirmed by review by a non- Federal health professional pursuant to regulations prescribed by the Secretary of Defense. "(j)(1) A benefit may not be paid under a plan covered by this section in the case of a person enrolled in any other insurance, medical service, or health plan to the extent that the benefit is also a benefit under the other plan, except in the case of a plan adminis- tered under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). "(2)(A) The amount to be paid to a provider of services for services provided under a plan covered by this section may be determined under joint regulations to be prescribed by the Secretary of Defense and the Secretary of Health and Human Services which provide that the amount of such payments shall be determined to the extent practicable in accordance with the same reimbursement rules as apply to payments to providers of services of the same type under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). "(B) In subparagraph (A), 'provider of services' means a hospital, skilled nursing facility, comprehensive outpatient rehabilitation fa- cility, home health agency, or other institutional facility providing services for which payment may be made under a plan covered by this section. "(k) A plan covered by this section may include provision of liver transplants (including the cost of acquisition and transportation of the donated liver) in accordance with this subsection. Such a liver transplant may be provided if— "(1) the transplsCnt is for a dependent considered appropriate for that procedure by the Secretary of Defense in consultation with the Secretary of Health and Human Services and such other entities as the Secretary considers appropriate; and "(2) the transplant is to be carried out at a health-care facility that has been approved for that purpose by the Secretary of Defense after consultation with the Secretary of Health and Human Services and such other entities as the Secretary consid- ers appropriate.". (b) Subsection (d) of section 1086 of such title is amended to read as follows: "(d) The provisions of section 1079(j) of this title shall apply to a plan covered by this section.". (c) The amendments made by this section shall take effect on October 1, 1983, except that— (1) clause (6) of section 1079(a) of title 10, United States Code, as added by subsection (a)(1), shall not apply in the case of inpatient mental health services provided to a patient admitted before January 1, 1983, for so long as that patient remains continuously in inpatient status for medically or psychologically necessary reasons; and (2) subsection (k) of section 1079 of such title, as added by subsection (a)(D, shall apply with respect to liver transplant operations performed on or after July 1, 1983. "Provider of services." Liver transplants. 10 USC 1086. Ante, p. 648. Effective dates. 10 USC 1079 note. AUTHORITY FOR INCREASED USAGE OF CONTRACT HEALTH CARE PROVIDERS SEC. 932. (a)(1) Chapter 55 of title 10, United States Code, is amended by adding at the end thereof the following new section: