42 U.S.C. § 1395cc | Agreements with providers of services; enrollment processes

(a)

Filing of agreements; eligibility for payment; charges with respect to items and services

(1)

section 1395n(e) of this title Any provider of services (except a fund designated for purposes of section 1395f(g) and ) shall be qualified to participate under this subchapter and shall be eligible for payments under this subchapter if it files with the Secretary an agreement—

(A)

(i)

section 1395f(e) of this title section 1396a(n)(3) of this title not to charge, except as provided in paragraph (2), any individual or any other person for items or services for which such individual is entitled to have payment made under this subchapter (or for which he would be so entitled if such provider of services had complied with the procedural and other requirements under or pursuant to this subchapter or for which such provider is paid pursuant to the provisions of ), and (ii) not to impose any charge that is prohibited under ,

(B)

section 1395y(a) of this title not to charge any individual or any other person for items or services for which such individual is not entitled to have payment made under this subchapter because payment for expenses incurred for such items or services may not be made by reason of the provisions of paragraph (1) or (9) of , but only if (i) such individual was without fault in incurring such expenses and (ii) the Secretary’s determination that such payment may not be made for such items and services was made after the third year following the year in which notice of such payment was sent to such individual; except that the Secretary may reduce such three-year period to not less than one year if he finds such reduction is consistent with the objectives of this subchapter,

(C)

to make adequate provision for return (or other disposition, in accordance with regulations) of any moneys incorrectly collected from such individual or other person,

(D)

to promptly notify the Secretary of its employment of an individual who, at any time during the year preceding such employment, was employed in a managerial, accounting, auditing, or similar capacity (as determined by the Secretary by regulation) by an agency or organization which serves as a fiscal intermediary or carrier (for purposes of part A or part B, or both, of this subchapter) with respect to the provider,

(E)

to release data with respect to patients of such provider upon request to an organization having a contract with the Secretary under part B of subchapter XI as may be necessary (i) to allow such organization to carry out its functions under such contract, or (ii) to allow such organization to carry out similar review functions under any contract the organization may have with a private or public agency paying for health care in the same area with respect to patients who authorize release of such data for such purposes,

(F)

(i)

section 1395ww of this title section 1395ww(d)(5) of this title in the case of hospitals which provide inpatient hospital services for which payment may be made under subsection (b), (c), or (d) of , to maintain an agreement with a professional standards review organization (if there is such an organization in existence in the area in which the hospital is located) or with a quality improvement organization which has a contract with the Secretary under part B of subchapter XI for the area in which the hospital is located, under which the organization will perform functions under that part with respect to the review of the validity of diagnostic information provided by such hospital, the completeness, adequacy, and quality of care provided, the appropriateness of admissions and discharges, and the appropriateness of care provided for which additional payments are sought under , with respect to inpatient hospital services for which payment may be made under part A of this subchapter (and for purposes of payment under this subchapter, the cost of such agreement to the hospital shall be considered a cost incurred by such hospital in providing inpatient services under part A, and (I) shall be paid directly by the Secretary to such organization on behalf of such hospital in accordance with a rate per review established by the Secretary, (II) shall be transferred from the Federal Hospital Insurance Trust Fund, without regard to amounts appropriated in advance in appropriation Acts, in the same manner as transfers are made for payment for services provided directly to beneficiaries, and (III) shall not be less in the aggregate for a fiscal year than the aggregate amount expended in fiscal year 1988 for direct and administrative costs (adjusted for inflation and for any direct or administrative costs incurred as a result of review functions added with respect to a subsequent fiscal year) of such reviews),

(ii)

in the case of hospitals, critical access hospitals, rural emergency hospitals, skilled nursing facilities, and home health agencies, to maintain an agreement with a quality improvement organization (which has a contract with the Secretary under part B of subchapter XI for the area in which the hospital, facility, or agency is located) to perform the functions described in paragraph (3)(A),

(G)

section 1395ww of this title section 1395ww(f)(2) of this title in the case of hospitals which provide inpatient hospital services for which payment may be made under subsection (b) or (d) of , not to charge any individual or any other person for inpatient hospital services for which such individual would be entitled to have payment made under part A but for a denial or reduction of payments under ,

(H)

(i)

section 1395y(a)(14) of this title section 1395x(s)(2)(K) of this title section 1395x(w)(1) of this title in the case of hospitals which provide services for which payment may be made under this subchapter and in the case of critical access hospitals which provide critical access hospital services, to have all items and services (other than physicians’ services as defined in regulations for purposes of , and other than services described by , certified nurse-midwife services, qualified psychologist services, and services of a certified registered nurse anesthetist) (I) that are furnished to an individual who is a patient of the hospital, and (II) for which the individual is entitled to have payment made under this subchapter, furnished by the hospital or otherwise under arrangements (as defined in ) made by the hospital,

(ii)

in the case of skilled nursing facilities which provide covered skilled nursing facility services—

(I)

section 1395x(s)(2)(D) of this title that are furnished to an individual who is a resident of the skilled nursing facility during a period in which the resident is provided covered post-hospital extended care services (or, for services described in , that are furnished to such an individual without regard to such period), and

(II)

for which the individual is entitled to have payment made under this subchapter,

section 1395yy(e)(2)(A)(ii) of this title section 1395x(w)(1) of this titleto have items and services (other than services described in ) furnished by the skilled nursing facility or otherwise under arrangements (as defined in ) made by the skilled nursing facility,

(I)

in the case of a hospital, critical access hospital, or rural emergency hospital—

(i)

section 1395dd of this title to adopt and enforce a policy to ensure compliance with the requirements of and to meet the requirements of such section,

(ii)

to maintain medical and other records related to individuals transferred to or from the hospital, critical access hospital, or rural emergency hospital for a period of five years from the date of the transfer, and

(iii)

to maintain a list of physicians who are on call for duty after the initial examination to provide treatment necessary to stabilize an individual with an emergency medical condition,

(J)

1 See References in Text note below.

in the case of hospitals which provide inpatient hospital services for which payment may be made under this subchapter, to be a participating provider of medical care under any health plan contracted for under section 1079 or 1086 of title 10, or under section 1713  of title 38, in accordance with admission practices, payment methodology, and amounts as prescribed under joint regulations issued by the Secretary and by the Secretaries of Defense and Transportation, in implementation of sections 1079 and 1086 of title 10,

(K)

section 1320c–3(a)(2) of this title section 1320c–3(a)(1)(B) of this title not to charge any individual or any other person for items or services for which payment under this subchapter is denied under by reason of a determination under ,

(L)

in the case of hospitals which provide inpatient hospital services for which payment may be made under this subchapter, to be a participating provider of medical care under chapter 17 of title 38, in accordance with such admission practices, and such payment methodology and amounts, as are prescribed under joint regulations issued by the Secretary and by the Secretary of Veterans Affairs in implementation of such section,

(M)

in the case of hospitals, to provide to each individual who is entitled to benefits under part A (or to a person acting on the individual’s behalf), at or about the time of the individual’s admission as an inpatient to the hospital, a written statement (containing such language as the Secretary prescribes consistent with this paragraph) which explains—

(i)

the individual’s rights to benefits for inpatient hospital services and for post-hospital services under this subchapter,

(ii)

the circumstances under which such an individual will and will not be liable for charges for continued stay in the hospital,

(iii)

the individual’s right to appeal denials of benefits for continued inpatient hospital services, including the practical steps to initiate such an appeal, and

(iv)

the individual’s liability for payment for services if such a denial of benefits is upheld on appeal,

and which provides such additional information as the Secretary may specify,

(N)

in the case of hospitals, critical access hospitals, and rural emergency hospitals—

(i)

section 1395u(h)(4) of this title to make available to its patients the directory or directories of participating physicians (published under ) for the area served by the hospital, critical access hospital, or rural emergency hospital,

(ii)

if hospital personnel (including staff of any emergency or outpatient department) refer a patient to a nonparticipating physician for further medical care on an outpatient basis, the personnel must inform the patient that the physician is a nonparticipating physician and, whenever practicable, must identify at least one qualified participating physician who is listed in such a directory and from whom the patient may receive the necessary services,

(iii)

section 1395dd of this title to post conspicuously in any emergency department a sign (in a form specified by the Secretary) specifying rights of individuals under with respect to examination and treatment for emergency medical conditions and women in labor, and

(iv)

to post conspicuously (in a form specified by the Secretary) information indicating whether or not the hospital, critical access hospital, or rural emergency hospital participates in the medicaid program under a State plan approved under subchapter XIX,

(O)

section 1395mm of this title section 1395mm(i)(2)(A) of this titleFebruary 1, 1985section 1395b–1(a) of this title to accept as payment in full for services that are covered under this subchapter and are furnished to any individual enrolled with a Medicare+Choice organization under part C, with a PACE provider under section 1395eee or 1396u–4 of this title, or with an eligible organization with a risk-sharing contract under , under (as in effect before ), under , or under section 222(a) of the Social Security Amendments of 1972, which does not have a contract (or, in the case of a PACE provider, contract or other agreement) establishing payment amounts for services furnished to members of the organization or PACE program eligible individuals enrolled with the PACE provider, the amounts that would be made as a payment in full under this subchapter (less any payments under sections 1395ww(d)(11) and 1395ww(h)(3)(D) of this title) if the individuals were not so enrolled,

(P)

section 1395x(m)(5) of this title in the case of home health agencies which provide home health services to individuals entitled to benefits under this subchapter who require catheters, catheter supplies, ostomy bags, and supplies related to ostomy care (described in ), to offer to furnish such supplies to such an individual as part of their furnishing of home health services,

(Q)

in the case of hospitals, skilled nursing facilities, home health agencies, and hospice programs, to comply with the requirement of subsection (f) (relating to maintaining written policies and procedures respecting advance directives),

(R)

section 1320d of this title to contract only with a health care clearinghouse (as defined in ) that meets each standard and implementation specification adopted or established under part C of subchapter XI on or after the date on which the health care clearinghouse is required to comply with the standard or specification,

(S)

section 1395x(ee)(2)(H)(ii) of this title in the case of a hospital that has a financial interest (as specified by the Secretary in regulations) in an entity to which individuals are referred as described in , or in which such an entity has such a financial interest, or in which another entity has such a financial interest (directly or indirectly) with such hospital and such an entity, to maintain and disclose to the Secretary (in a form and manner specified by the Secretary) information on—

(i)

the nature of such financial interest,

(ii)

the number of individuals who were discharged from the hospital and who were identified as requiring home health services, and

(iii)

the percentage of such individuals who received such services from such provider (or another such provider),

(T)

section 1395ww(d)(12) of this title in the case of hospitals and critical access hospitals, to furnish to the Secretary such data as the Secretary determines appropriate pursuant to subparagraph (E) of to carry out such section,

(U)

in the case of hospitals which furnish inpatient hospital services for which payment may be made under this subchapter, to be a participating provider of medical care both—

(i)

section 1603 of title 25 under the contract health services program funded by the Indian Health Service and operated by the Indian Health Service, an Indian tribe, or tribal organization (as those terms are defined in ), with respect to items and services that are covered under such program and furnished to an individual eligible for such items and services under such program; and

(ii)

under any program funded by the Indian Health Service and operated by an urban Indian organization with respect to the purchase of items and services for an eligible urban Indian (as those terms are defined in such section 1603),

2 So in original. The comma probably should be preceded by a closing parenthesis.

in accordance with regulations promulgated by the Secretary regarding admission practices, payment methodology, and rates of payment (including the acceptance of no more than such payment rate as payment in full for such items and services,

(V)

29 U.S.C. 651 3

3 So in original. Probably should be preceded by “section”.

29 U.S.C. 667(b) in the case of hospitals that are not otherwise subject to the Occupational Safety and Health Act of 1970 [ et seq.] (or a State occupational safety and health plan that is approved under 18(b)  of such Act []), to comply with the Bloodborne Pathogens standard under section 1910.1030 of title 29 of the Code of Federal Regulations (or as subsequently redesignated),

(W)

section 1395ww(d)(1)(B)(v) of this title in the case of a hospital described in , to report quality data to the Secretary in accordance with subsection (k),

(X)

maintain and, upon request of the Secretary, provide access to documentation relating to written orders or requests for payment for durable medical equipment, certifications for home health services, or referrals for other items or services written or ordered by the provider under this subchapter, as specified by the Secretary, and

(Y)

August 6, 2015 beginning 12 months after , in the case of a hospital or critical access hospital, with respect to each individual who receives observation services as an outpatient at such hospital or critical access hospital for more than 24 hours, to provide to such individual not later than 36 hours after the time such individual begins receiving such services (or, if sooner, upon release)—

(i)

such oral explanation of the written notification described in clause (ii), and such documentation of the provision of such explanation, as the Secretary determines to be appropriate;

(ii)

a written notification (as specified by the Secretary pursuant to rulemaking and containing such language as the Secretary prescribes consistent with this paragraph) which—

(I)

explains the status of the individual as an outpatient receiving observation services and not as an inpatient of the hospital or critical access hospital and the reasons for such status of such individual;

(II)

explains the implications of such status on services furnished by the hospital or critical access hospital (including services furnished on an inpatient basis), such as implications for cost-sharing requirements under this title and for subsequent eligibility for coverage under this title for services furnished by a skilled nursing facility;

(III)

includes such additional information as the Secretary determines appropriate;

(IV)

either—

(aa)

is signed by such individual or a person acting on such individual’s behalf to acknowledge receipt of such notification; or

(bb)

if such individual or person refuses to provide the signature described in item (aa), is signed by the staff member of the hospital or critical access hospital who presented the written notification and includes the name and title of such staff member, a certification that the notification was presented, and the date and time the notification was presented; and

(V)

is written and formatted using plain language and is made available in appropriate languages as determined by the Secretary.

October 1, 1984In the case of a hospital which has an agreement in effect with an organization described in subparagraph (F), which organization’s contract with the Secretary under part B of subchapter XI is terminated on or after , the hospital shall not be determined to be out of compliance with the requirement of such subparagraph during the six month period beginning on the date of the termination of that contract.

(2)

(A)

lsection 1395x(y)(3) of this titlelsection 1395x(s)(10)(A) of this title section 1395m(a) of this titlelsection 1395m(a)(1)(B) of this titlell¹llsection 1395m(k) of this title A provider of services may charge such individual or other person (i) the amount of any deduction or coinsurance amount imposed pursuant to section 1395e(a)(1), (a)(3), or (a)(4), section 1395(b), or with respect to such items and services (not in excess of the amount customarily charged for such items and services by such provider), and (ii) an amount equal to 20 per centum of the reasonable charges for such items and services (not in excess of 20 per centum of the amount customarily charged for such items and services by such provider) for which payment is made under part B or which are durable medical equipment furnished as home health services (but in the case of items and services furnished to individuals with end-stage renal disease, an amount equal to 20 percent of the estimated amounts for such items and services calculated on the basis established by the Secretary). In the case of items and services described in section 1395(c) of this title, clause (ii) of the preceding sentence shall be applied by substituting for 20 percent the proportion which is appropriate under such section. A provider of services may not impose a charge under clause (ii) of the first sentence of this subparagraph with respect to items and services described in and with respect to clinical diagnostic laboratory tests for which payment is made under part B. Notwithstanding the first sentence of this subparagraph, a home health agency may charge such an individual or person, with respect to covered items subject to payment under , the amount of any deduction imposed under section 1395(b) of this title and 20 percent of the payment basis described in . In the case of items and services for which payment is made under part B under the prospective payment system established under section 1395(t) of this title, clause (ii) of the first sentence shall be applied by substituting for 20 percent of the reasonable charge, the applicable copayment amount established under section 1395(t)(5)  of this title. In the case of services described in section 1395(a)(8) of this title or section 1395(a)(9) of this title for which payment is made under part B under , clause (ii) of the first sentence shall be applied by substituting for 20 percent of the reasonable charge for such services 20 percent of the lesser of the actual charge or the applicable fee schedule amount (as defined in such section) for such services.

(B)

Where a provider of services has furnished, at the request of such individual, items or services which are in excess of or more expensive than the items or services with respect to which payment may be made under this subchapter, such provider of services may also charge such individual or other person for such more expensive items or services to the extent that the amount customarily charged by it for the items or services furnished at such request exceeds the amount customarily charged by it for the items or services with respect to which payment may be made under this subchapter.

(C)

section 1395e(a)(2) of this title section 1395e(a)(2) of this title A provider of services may in accordance with its customary practice also appropriately charge any such individual for any whole blood (or equivalent quantities of packed red blood cells, as defined under regulations) furnished him with respect to which a deductible is imposed under , except that (i) any excess of such charge over the cost to such provider for the blood (or equivalent quantities of packed red blood cells, as so defined) shall be deducted from any payment to such provider under this subchapter, (ii) no such charge may be imposed for the cost of administration of such blood (or equivalent quantities of packed red blood cells, as so defined), and (iii) such charge may not be made to the extent such blood (or equivalent quantities of packed red blood cells, as so defined) has been replaced on behalf of such individual or arrangements have been made for its replacement on his behalf. For purposes of this subparagraph, whole blood (or equivalent quantities of packed red blood cells, as so defined) furnished an individual shall be deemed replaced when the provider of services is given one pint of blood for each pint of blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual with respect to which a deduction is imposed under .

(D)

Where a provider of services customarily furnishes items or services which are in excess of or more expensive than the items or services with respect to which payment may be made under this subchapter, such provider, notwithstanding the preceding provisions of this paragraph, may not, under the authority of subparagraph (B)(ii) of this paragraph, charge any individual or other person any amount for such items or services in excess of the amount of the payment which may otherwise be made for such items or services under this subchapter if the admitting physician has a direct or indirect financial interest in such provider.

(3)

(A)

section 1320c–3(a)(4)(A) of this title section 1320c–3(a)(14) of this title Under the agreement required under paragraph (1)(F)(ii), the quality improvement organization must perform functions (other than those covered under an agreement under paragraph (1)(F)(i)) under the third sentence of and under with respect to services, furnished by the hospital, critical access hospital, rural emergency hospital, facility, or agency involved, for which payment may be made under this subchapter.

(B)

For purposes of payment under this subchapter, the cost of such an agreement to the hospital, critical access hospital, rural emergency hospital, facility, or agency shall be considered a cost incurred by such hospital, critical access hospital, rural emergency hospital, facility, or agency in providing covered services under this subchapter and shall be paid directly by the Secretary to the quality improvement organization on behalf of such hospital, critical access hospital, rural emergency hospital, facility, or agency in accordance with a schedule established by the Secretary.

(C)

Such payments—

(i)

shall be transferred in appropriate proportions from the Federal Hospital Insurance Trust Fund and from the Federal Supplementary Medical Insurance Trust Fund, without regard to amounts appropriated in advance in appropriation Acts, in the same manner as transfers are made for payment for services provided directly to beneficiaries, and

(ii)

shall not be less in the aggregate for a fiscal year—

(I)

in the case of hospitals, than the amount specified in paragraph (1)(F)(i)(III), and

(II)

in the case of facilities, critical access hospitals, rural emergency hospitals, and agencies, than the amounts the Secretary determines to be sufficient to cover the costs of such organizations’ conducting the activities described in subparagraph (A) with respect to such facilities, critical access hospitals, rural emergency hospitals, or agencies under part B of subchapter XI.

(b)

Termination or nonrenewal of agreements

(1)

A provider of services may terminate an agreement with the Secretary under this section at such time and upon such notice to the Secretary and the public as may be provided in regulations, except that notice of more than six months shall not be required.

(2)

The Secretary may refuse to enter into an agreement under this section or, upon such reasonable notice to the provider and the public as may be specified in regulations, may refuse to renew or may terminate such an agreement after the Secretary—

(A)

section 1395ww(f)(2)(B) of this title has determined that the provider fails to comply substantially with the provisions of the agreement, with the provisions of this subchapter and regulations thereunder, or with a corrective action required under ,

(B)

section 1395x of this title has determined that the provider fails substantially to meet the applicable provisions of ,

(C)

section 1320a–7 of this title section 1320a–7a of this title has excluded the provider from participation in a program under this subchapter pursuant to or , or

(D)

has ascertained that the provider has been convicted of a felony under Federal or State law for an offense which the Secretary determines is detrimental to the best interests of the program or program beneficiaries.

(3)

section 1320a–7(c) of this title A termination of an agreement or a refusal to renew an agreement under this subsection shall become effective on the same date and in the same manner as an exclusion from participation under the programs under this subchapter becomes effective under .

(4)

(A)

A hospital that fails to comply with the requirement of subsection (a)(1)(V) (relating to the Bloodborne Pathogens standard) is subject to a civil money penalty in an amount described in subparagraph (B), but is not subject to termination of an agreement under this section.

(B)

29 U.S.C. 666 4

4 So in original. Probably should be subsection “(a)(1)(V)”.

29 U.S.C. 651 The amount referred to in subparagraph (A) is an amount that is similar to the amount of civil penalties that may be imposed under section 17 of the Occupational Safety and Health Act of 1970 [] for a violation of the Bloodborne Pathogens standard referred to in subsection (a)(1)(U)  by a hospital that is subject to the provisions of such Act [ et seq.].

(C)

section 1320a–7a of this title A civil money penalty under this paragraph shall be imposed and collected in the same manner as civil money penalties under subsection (a) of are imposed and collected under that section.

(c)

Refiling after termination or nonrenewal; agreements with skilled nursing facilities

(1)

Where the Secretary has terminated or has refused to renew an agreement under this subchapter with a provider of services, such provider may not file another agreement under this subchapter unless the Secretary finds that the reason for the termination or nonrenewal has been removed and that there is reasonable assurance that it will not recur.

(2)

Where the Secretary has terminated or has refused to renew an agreement under this subchapter with a provider of services, the Secretary shall promptly notify each State agency which administers or supervises the administration of a State plan approved under subchapter XIX of such termination or nonrenewal.

(d)

Decision to withhold payment for failure to review long-stay cases

section 1395x(k) of this titleIf the Secretary finds that there is a substantial failure to make timely review in accordance with of long-stay cases in a hospital, he may, in lieu of terminating his agreement with such hospital, decide that, with respect to any individual admitted to such hospital after a subsequent date specified by him, no payment shall be made under this subchapter for inpatient hospital services (including inpatient psychiatric hospital services) after the 20th day of a continuous period of such services. Such decision may be made effective only after such notice to the hospital and to the public, as may be prescribed by regulations, and its effectiveness shall terminate when the Secretary finds that the reason therefor has been removed and that there is reasonable assurance that it will not recur. The Secretary shall not make any such decision except after reasonable notice and opportunity for hearing to the institution or agency affected thereby.

(e)

“Provider of services” defined

For purposes of this section, the term “provider of services” shall include—

(1)

section 1395x(p)(4)(A) of this titlellsection 1395x of this title section 1395x(p)(4)(B) of this titlellsection 1395x of this title section 1395x(g) of this titlell a clinic, rehabilitation agency, or public health agency if, in the case of a clinic or rehabilitation agency, such clinic or agency meets the requirements of (or meets the requirements of such section through the operation of subsection (g) or ()(2) of ), or if, in the case of a public health agency, such agency meets the requirements of (or meets the requirements of such section through the operation of subsection (g) or ()(2) of ), but only with respect to the furnishing of outpatient physical therapy services (as therein defined), (through the operation of ) with respect to the furnishing of outpatient occupational therapy services, or (through the operation of section 1395x()(2) of this title) with respect to the furnishing of outpatient speech-language pathology;

(2)

section 1395x(ff)(3)(B) of this title section 1395x(ff)(1) of this title section 1395x(ff)(4) of this title a community mental health center (as defined in ), but only with respect to the furnishing of partial hospitalization services (as described in ), or intensive outpatient services (as described in ); and

(3)

section 1395x(jjj) of this title opioid treatment programs (as defined in paragraph (2) of ), but only with respect to the furnishing of opioid use disorder treatment services (as defined in paragraph (1) of such section).

(f)

Maintenance of written policies and procedures

(1)

5 So in original. Probably should refer to section 1395i–3(c)(1)(E).

l For purposes of subsection (a)(1)(Q) and sections 1395i–3(c)(2)(E), 1395(s), 1395w–25(i), 1395mm(c)(8), and 1395bbb(a)(6) of this title, the requirement of this subsection is that a provider of services, Medicare+Choice organization, or prepaid or eligible organization (as the case may be) maintain written policies and procedures with respect to all adult individuals receiving medical care by or through the provider or organization—

(A)

to provide written information to each such individual concerning—

(i)

an individual’s rights under State law (whether statutory or as recognized by the courts of the State) to make decisions concerning such medical care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance directives (as defined in paragraph (3)), and

(ii)

the written policies of the provider or organization respecting the implementation of such rights;

(B)

to document in a prominent part of the individual’s current medical record whether or not the individual has executed an advance directive;

(C)

not to condition the provision of care or otherwise discriminate against an individual based on whether or not the individual has executed an advance directive;

(D)

to ensure compliance with requirements of State law (whether statutory or as recognized by the courts of the State) respecting advance directives at facilities of the provider or organization; and

(E)

to provide (individually or with others) for education for staff and the community on issues concerning advance directives.

Subparagraph (C) shall not be construed as requiring the provision of care which conflicts with an advance directive.

(2)

The written information described in paragraph (1)(A) shall be provided to an adult individual—

(A)

in the case of a hospital, at the time of the individual’s admission as an inpatient,

(B)

in the case of a skilled nursing facility, at the time of the individual’s admission as a resident,

(C)

in the case of a home health agency, in advance of the individual coming under the care of the agency,

(D)

in the case of a hospice program, at the time of initial receipt of hospice care by the individual from the program, and

(E)

section 1395mm(b) of this titlel in the case of an eligible organization (as defined in ) or an organization provided payments under section 1395(a)(1)(A) of this title or a Medicare+ÐChoice organization, at the time of enrollment of the individual with the organization.

(3)

In this subsection, the term “advance directive” means a written instruction, such as a living will or durable power of attorney for health care, recognized under State law (whether statutory or as recognized by the courts of the State) and relating to the provision of such care when the individual is incapacitated.

(4)

section 14406 of this title For construction relating to this subsection, see (relating to clarification respecting assisted suicide, euthanasia, and mercy killing).

(g)

Penalties for improper billing

section 1320a–7a of this title section 1320a–7a(a) of this titleExcept as permitted under subsection (a)(2), any person who knowingly and willfully presents, or causes to be presented, a bill or request for payment inconsistent with an arrangement under subsection (a)(1)(H) or in violation of the requirement for such an arrangement, is subject to a civil money penalty of not to exceed $2,000. The provisions of (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under .

(h)

Dissatisfaction with determination of Secretary; appeal by institutions or agencies; single notice and hearing

(1)

(A)

section 405(b) of this title section 405(g) of this titlel Except as provided in paragraph (2), an institution or agency dissatisfied with a determination by the Secretary that it is not a provider of services or with a determination described in subsection (b)(2) shall be entitled to a hearing thereon by the Secretary (after reasonable notice) to the same extent as is provided in , and to judicial review of the Secretary’s final decision after such hearing as is provided in , except that, in so applying such sections and in applying section 405() of this title thereto, any reference therein to the Commissioner of Social Security or the Social Security Administration shall be considered a reference to the Secretary or the Department of Health and Human Services, respectively.

(B)

section 1395ff(b)(2) of this title section 1395i–3 of this title An institution or agency described in subparagraph (A) that has filed for a hearing under subparagraph (A) shall have expedited access to judicial review under this subparagraph in the same manner as providers of services, suppliers, and individuals entitled to benefits under part A or enrolled under part B, or both, may obtain expedited access to judicial review under the process established under . Nothing in this subparagraph shall be construed to affect the application of any remedy imposed under during the pendency of an appeal under this subparagraph.

(C)

(i)

The Secretary shall develop and implement a process to expedite proceedings under this subsection in which—

(I)

the remedy of termination of participation has been imposed;

(II)

section 1395i–3(h)(2)(B) of this title a remedy described in clause (i) or (iii) of has been imposed, but only if such remedy has been imposed on an immediate basis; or

(III)

a determination has been made as to a finding of substandard quality of care that results in the loss of approval of a skilled nursing facility’s nurse aide training program.

(ii)

Under such process under clause (i), priority shall be provided in cases of termination described in clause (i)(I).

(iii)

section 1395i–3 of this title Nothing in this subparagraph shall be construed to affect the application of any remedy imposed under during the pendency of an appeal under this subparagraph.

(2)

section 1320a–7 of this title An institution or agency is not entitled to separate notice and opportunity for a hearing under both and this section with respect to a determination or determinations based on the same underlying facts and issues.

(i)

Intermediate sanctions for psychiatric hospitals

(1)

If the Secretary determines that a psychiatric hospital which has an agreement in effect under this section no longer meets the requirements for a psychiatric hospital under this subchapter and further finds that the hospital’s deficiencies—

(A)

immediately jeopardize the health and safety of its patients, the Secretary shall terminate such agreement; or

(B)

do not immediately jeopardize the health and safety of its patients, the Secretary may terminate such agreement, or provide that no payment will be made under this subchapter with respect to any individual admitted to such hospital after the effective date of the finding, or both.

(2)

If a psychiatric hospital, found to have deficiencies described in paragraph (1)(B), has not complied with the requirements of this subchapter—

(A)

within 3 months after the date the hospital is found to be out of compliance with such requirements, the Secretary shall provide that no payment will be made under this subchapter with respect to any individual admitted to such hospital after the end of such 3-month period, or

(B)

within 6 months after the date the hospital is found to be out of compliance with such requirements, no payment may be made under this subchapter with respect to any individual in the hospital until the Secretary finds that the hospital is in compliance with the requirements of this subchapter.

(j)

Enrollment process for providers of services and suppliers

(1)

Enrollment process

(A)

In general

The Secretary shall establish by regulation a process for the enrollment of providers of services and suppliers under this subchapter. Such process shall include screening of providers and suppliers in accordance with paragraph (2), a provisional period of enhanced oversight in accordance with paragraph (3), disclosure requirements in accordance with paragraph (5), the imposition of temporary enrollment moratoria in accordance with paragraph (7), and the establishment of compliance programs in accordance with paragraph (9).

(B)

Deadlines

The Secretary shall establish by regulation procedures under which there are deadlines for actions on applications for enrollment (and, if applicable, renewal of enrollment). The Secretary shall monitor the performance of medicare administrative contractors in meeting the deadlines established under this subparagraph.

(C)

Consultation before changing provider enrollment forms

The Secretary shall consult with providers of services and suppliers before making changes in the provider enrollment forms required of such providers and suppliers to be eligible to submit claims for which payment may be made under this subchapter.

(2)

Provider screening

(A)

Procedures

March 23, 2010Not later than 180 days after , the Secretary, in consultation with the Inspector General of the Department of Health and Human Services, shall establish procedures under which screening is conducted with respect to providers of medical or other items or services and suppliers under the program under this subchapter, the Medicaid program under subchapter XIX, and the CHIP program under subchapter XXI.

(B)

Level of screening

The Secretary shall determine the level of screening conducted under this paragraph according to the risk of fraud, waste, and abuse, as determined by the Secretary, with respect to the category of provider of medical or other items or services or supplier. Such screening—

(i)

shall include a licensure check, which may include such checks across States; and

(ii)

may, as the Secretary determines appropriate based on the risk of fraud, waste, and abuse described in the preceding sentence, include—

(I)

a criminal background check;

(II)

fingerprinting;

(III)

unscheduled and unannounced site visits, including preenrollment site visits;

(IV)

database checks (including such checks across States); and

(V)

such other screening as the Secretary determines appropriate.

(C)

Application fees

(i)

Institutional providers

Except as provided in clause (ii), the Secretary shall impose a fee on each institutional provider of medical or other items or services or supplier (such as a hospital or skilled nursing facility) with respect to which screening is conducted under this paragraph in an amount equal to—

(I)

for 2010, $500; and

(II)

for 2011 and each subsequent year, the amount determined under this clause for the preceding year, adjusted by the percentage change in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with June of the previous year.

(ii)

Hardship exception; waiver for certain Medicaid providers

The Secretary may, on a case-by-case basis, exempt a provider of medical or other items or services or supplier from the imposition of an application fee under this subparagraph if the Secretary determines that the imposition of the application fee would result in a hardship. The Secretary may waive the application fee under this subparagraph for providers enrolled in a State Medicaid program for whom the State demonstrates that imposition of the fee would impede beneficiary access to care.

(iii)

Use of funds

section 1320a–7k of this titleAmounts collected as a result of the imposition of a fee under this subparagraph shall be used by the Secretary for program integrity efforts, including to cover the costs of conducting screening under this paragraph and to carry out this subsection and .

(D)

Application and enforcement

(i)

New providers of services and suppliers

March 23, 2010The screening under this paragraph shall apply, in the case of a provider of medical or other items or services or supplier who is not enrolled in the program under this subchapter, subchapter XIX, or subchapter XXI as of , on or after the date that is 1 year after such date.

(ii)

Current providers of services and suppliers

The screening under this paragraph shall apply, in the case of a provider of medical or other items or services or supplier who is enrolled in the program under this subchapter, subchapter XIX, or subchapter XXI as of such date, on or after the date that is 2 years after such date.

(iii)

Revalidation of enrollment

Effective beginning on the date that is 180 days after such date, the screening under this paragraph shall apply with respect to the revalidation of enrollment of a provider of medical or other items or services or supplier in the program under this subchapter, subchapter XIX, or subchapter XXI.

(iv)

Limitation on enrollment and revalidation of enrollment

In no case may a provider of medical or other items or services or supplier who has not been screened under this paragraph be initially enrolled or reenrolled in the program under this subchapter, subchapter XIX, or subchapter XXI on or after the date that is 3 years after such date.

(E)

Use of information from the Department of Treasury concerning tax debts

lIn reviewing the application of a provider of services or supplier to enroll or reenroll under the program under this subchapter, the Secretary shall take into account the information supplied by the Secretary of the Treasury pursuant to section 6103()(22) of the Internal Revenue Code of 1986, in determining whether to deny such application or to apply enhanced oversight to such provider of services or supplier pursuant to paragraph (3) if the Secretary determines such provider of services or supplier owes such a debt.

(F)

Expedited rulemaking

The Secretary may promulgate an interim final rule to carry out this paragraph.

(3)

Provisional period of enhanced oversight for new providers of services and suppliers

(A)

In general

6 So in original. Probably should be a comma.

The Secretary shall establish procedures to provide for a provisional period of not less than 30 days and not more than 1 year during which new providers of medical or other items or services and suppliers, as the Secretary determines appropriate, including categories of providers or suppliers, would be subject to enhanced oversight, such as prepayment review and payment caps, under the program under this subchapter, the Medicaid program under subchapter XIX. and the CHIP program under subchapter XXI.

(B)

Implementation

The Secretary may establish by program instruction or otherwise the procedures under this paragraph.

(4)

90-day period of enhanced oversight for initial claims of DME suppliers

January 1, 2011For periods beginning after , if the Secretary determines that there is a significant risk of fraudulent activity among suppliers of durable medical equipment, in the case of a supplier of durable medical equipment who is within a category or geographic area under this subchapter identified pursuant to such determination and who is initially enrolling under such subchapter, the Secretary shall, notwithstanding sections 1395h(c), 1395u(c), and 1395ff(a)(2) of this title, withhold payment under such subchapter with respect to durable medical equipment furnished by such supplier during the 90-day period beginning on the date of the first submission of a claim under such subchapter for durable medical equipment furnished by such supplier.

(5)

Increased disclosure requirements

(A)

Disclosure

March 23, 2010section 1320a–7b(f) of this titleA provider of medical or other items or services or supplier who submits an application for enrollment or revalidation of enrollment in the program under this subchapter, subchapter XIX, or subchapter XXI on or after the date that is 1 year after , shall disclose (in a form and manner and at such time as determined by the Secretary) any current or previous affiliation (directly or indirectly) with a provider of medical or other items or services or supplier that has uncollected debt, has been or is subject to a payment suspension under a Federal health care program (as defined in ), has been excluded from participation under the program under this subchapter, the Medicaid program under subchapter XIX, or the CHIP program under subchapter XXI, or has had its billing privileges denied or revoked.

(B)

Authority to deny enrollment

If the Secretary determines that such previous affiliation poses an undue risk of fraud, waste, or abuse, the Secretary may deny such application. Such a denial shall be subject to appeal in accordance with paragraph (7).

(6)

Authority to adjust payments of providers of services and suppliers with the same tax identification number for medicare obligations

(A)

In general

Notwithstanding any other provision of this subchapter, in the case of an applicable provider of services or supplier, the Secretary may make any necessary adjustments to payments to the applicable provider of services or supplier under the program under this subchapter in order to satisfy any amount described in subparagraph (B)(ii) due from such obligated provider of services or supplier.

(B)

Definitions

In this paragraph:

(i)

In general

The term “applicable provider of services or supplier” means a provider of services or supplier that has the same taxpayer identification number assigned under section 6109 of the Internal Revenue Code of 1986 as is assigned to the obligated provider of services or supplier under such section, regardless of whether the applicable provider of services or supplier is assigned a different billing number or national provider identification number under the program under this subchapter than is assigned to the obligated provider of services or supplier.

(ii)

Obligated provider of services or supplier

The term “obligated provider of services or supplier” means a provider of services or supplier that owes an amount that is more than the amount required to be paid under the program under this subchapter (as determined by the Secretary).

(7)

Temporary moratorium on enrollment of new providers; nonpayment

(A)

In general

The Secretary may impose a temporary moratorium on the enrollment of new providers of services and suppliers, including categories of providers of services and suppliers, in the program under this subchapter, under the Medicaid program under subchapter XIX, or under the CHIP program under subchapter XXI if the Secretary determines such moratorium is necessary to prevent or combat fraud, waste, or abuse under either such program.

(B)

Limitation on review

section 1395ff of this titleooThere shall be no judicial review under , section 1395 of this title, or otherwise, of a temporary moratorium imposed under subparagraph (A).

(C)

Nonpayment

(i)

In general

October 1, 2017No payment may be made under this subchapter or under a program described in subparagraph (A) with respect to an item or service described in clause (ii) furnished on or after .

(ii)

Item or service described

An item or service described in this clause is an item or service furnished—

(I)

within a geographic area with respect to which a temporary moratorium imposed under subparagraph (A) is in effect; and

(II)

by a provider of services or supplier that meets the requirements of clause (iii).

(iii)

Requirements

For purposes of clause (ii), the requirements of this clause are that a provider of services or supplier—

(I)

enrolls under this subchapter on or after the effective date of such temporary moratorium; and

(II)

is within a category of providers of services and suppliers (as described in subparagraph (A)) subject to such temporary moratorium.

(iv)

Prohibition on charges for specified items or services

October 1, 2017In no case shall a provider of services or supplier described in clause (ii)(II) charge an individual or other person for an item or service described in clause (ii) furnished on or after , to an individual entitled to benefits under part A or enrolled under part B or an individual under a program specified in subparagraph (A).

(8)

Hearing rights in cases of denial or non-renewal

A provider of services or supplier whose application to enroll (or, if applicable, to renew enrollment) under this subchapter is denied may have a hearing and judicial review of such denial under the procedures that apply under subsection (h)(1)(A) to a provider of services that is dissatisfied with a determination by the Secretary.

(9)

Compliance programs

(A)

In general

On or after the date of implementation determined by the Secretary under subparagraph (C), a provider of medical or other items or services or supplier within a particular industry sector or category shall, as a condition of enrollment in the program under this subchapter, subchapter XIX, or subchapter XXI, establish a compliance program that contains the core elements established under subparagraph (B) with respect to that provider or supplier and industry or category.

(B)

Establishment of core elements

The Secretary, in consultation with the Inspector General of the Department of Health and Human Services, shall establish core elements for a compliance program under subparagraph (A) for providers or suppliers within a particular industry or category.

(C)

Timeline for implementation

The Secretary shall determine the timeline for the establishment of the core elements under subparagraph (B) and the date of the implementation of subparagraph (A) for providers or suppliers within a particular industry or category. The Secretary shall, in determining such date of implementation, consider the extent to which the adoption of compliance programs by a provider of medical or other items or services or supplier is widespread in a particular industry sector or with respect to a particular provider or supplier category.

(k)

Quality reporting by cancer hospitals

(1)

In general

section 1395ww(d)(1)(B)(v) of this titleFor purposes of fiscal year 2014 and each subsequent fiscal year, a hospital described in shall submit data to the Secretary in accordance with paragraph (2) with respect to such a fiscal year.

(2)

Submission of quality data

For fiscal year 2014 and each subsequent fiscal year, each hospital described in such section shall submit to the Secretary data on quality measures specified under paragraph (3). Such data shall be submitted in a form and manner, and at a time, specified by the Secretary for purposes of this subparagraph.

(3)

Quality measures

(A)

In general

section 1395aaa(a) of this titleSubject to subparagraph (B), any measure specified by the Secretary under this paragraph must have been endorsed by the entity with a contract under .

(B)

Exception

section 1395aaa(a) of this titleIn the case of a specified area or medical topic determined appropriate by the Secretary for which a feasible and practical measure has not been endorsed by the entity with a contract under , the Secretary may specify a measure that is not so endorsed as long as due consideration is given to measures that have been endorsed or adopted by a consensus organization identified by the Secretary.

(C)

Time frame

October 1, 2012Not later than , the Secretary shall publish the measures selected under this paragraph that will be applicable with respect to fiscal year 2014.

(4)

Public availability of data submitted

section 1395ww(d)(1)(B)(v) of this titleThe Secretary shall establish procedures for making data submitted under paragraph (4) available to the public. Such procedures shall ensure that a hospital described in has the opportunity to review the data that is to be made public with respect to the hospital prior to such data being made public. The Secretary shall report quality measures of process, structure, outcome, patients’ perspective on care, efficiency, and costs of care that relate to services furnished in such hospitals on the Internet website of the Centers for Medicare & Medicaid Services.

Aug. 14, 1935, ch. 531 Pub. L. 89–97, title I, § 102(a)July 30, 196579 Stat. 327 Pub. L. 90–248, title IJan. 2, 196881 Stat. 849 Pub. L. 92–603, title IIOct. 30, 197286 Stat. 1394 Pub. L. 95–142Oct. 25, 197791 Stat. 1178 Pub. L. 95–210, § 2(e)Dec. 13, 197791 Stat. 1489 Pub. L. 95–292, § 4(e)June 13, 197892 Stat. 315 Pub. L. 96–272, title III, § 308(b)June 17, 198094 Stat. 531 Pub. L. 96–499, title IX, § 916(a)Dec. 5, 198094 Stat. 2623 Pub. L. 96–611, § 1(b)(4)Dec. 28, 198094 Stat. 3566 Pub. L. 97–35, title XXI, § 2153Aug. 13, 198195 Stat. 802 Pub. L. 97–248, title ISept. 3, 198296 Stat. 362 Pub. L. 97–448, title III, § 309(a)(5)Jan. 12, 198396 Stat. 2408 Pub. L. 98–21, title VI, § 602(f)lApr. 20, 198397 Stat. 163 Pub. L. 98–369, div. B, title IIIJuly 18, 198498 Stat. 1066 Pub. L. 99–272, title IXApr. 7, 1986100 Stat. 164 Pub. L. 99–509, title IXOct. 21, 1986100 Stat. 1989 Pub. L. 99–514, title XVIII, § 1895(b)(5)Oct. 22, 1986100 Stat. 2933 Pub. L. 99–576, title II, § 233(a)Oct. 28, 1986100 Stat. 3265 Pub. L. 100–93, § 8(d)Aug. 18, 1987101 Stat. 693 Pub. L. 100–203, title IVDec. 22, 1987101 Stat. 1330–60 Pub. L. 100–360, title IV, § 411(i)(4)(C)(vi)July 1, 1988102 Stat. 790 Pub. L. 100–360, title I, § 104(d)(5)July 1, 1988102 Stat. 689 Pub. L. 100–485, title VI, § 608(d)(3)(F)Oct. 13, 1988102 Stat. 2414 Pub. L. 100–485, title VI, § 608(f)(1)Oct. 13, 1988102 Stat. 2424 Pub. L. 101–234, title I, § 101(a)Dec. 13, 1989103 Stat. 1979 Pub. L. 101–239, title VIDec. 19, 1989103 Stat. 2154 Pub. L. 101–508, title IVNov. 5, 1990104 Stat. 1388–44 Pub. L. 102–54, § 13(q)(3)(F)June 13, 1991105 Stat. 280 Pub. L. 102–83, § 5(c)(2)Aug. 6, 1991105 Stat. 406 Pub. L. 103–296, title I, § 108(c)(5)Aug. 15, 1994108 Stat. 1485 Pub. L. 103–432, title IOct. 31, 1994108 Stat. 4406 Pub. L. 104–191, title II, § 262(b)(1)Aug. 21, 1996110 Stat. 2031 Pub. L. 105–12, § 9(a)(2)Apr. 30, 1997111 Stat. 26 Pub. L. 105–33, title IVAug. 5, 1997111 Stat. 329 Pub. L. 106–113, div. B, § 1000(a)(6) [title III, § 321(k)(11), (12)]Nov. 29, 1999113 Stat. 1536 Pub. L. 106–554, § 1(a)(6) [title III, § 313(b)(3)]Dec. 21, 2000114 Stat. 2763 Pub. L. 108–173, title II, § 236(a)(1)Dec. 8, 2003117 Stat. 2210 Pub. L. 110–275, title I, § 143(b)(8)July 15, 2008122 Stat. 2543 Pub. L. 111–148, title III, § 3005Mar. 23, 2010124 Stat. 371 Pub. L. 111–152, title I, § 1304Mar. 30, 2010124 Stat. 1058 Pub. L. 111–192, title I, § 103(b)June 25, 2010124 Stat. 1283 Pub. L. 112–40, title II, § 261(a)(3)(A)Oct. 21, 2011125 Stat. 423 Pub. L. 114–42, § 2Aug. 6, 2015129 Stat. 468 Pub. L. 114–255, div. C, title XVII, § 17004(a)Dec. 13, 2016130 Stat. 1331 Pub. L. 115–182, title I, § 144(a)(2)June 6, 2018132 Stat. 1430 Pub. L. 115–271, title II, § 2005(d)Oct. 24, 2018132 Stat. 3930 Pub. L. 116–260, div. CC, title I, § 125(b)(1)Dec. 27, 2020134 Stat. 2965 Pub. L. 117–328, div. FF, title IV, § 4124(b)(4)(B)Dec. 29, 2022136 Stat. 5909(, title XVIII, § 1866, as added , , ; amended , §§ 129(c)(12), 133(c), 135(b), , , 851, 852; , §§ 223(e), (g), 227(d)(2), 229(b), 249A(b)–(d), 278(a)(17), (b)(18), 281(c), , , 1406, 1409, 1427, 1453–1455; , §§ 3(b), 8(b), 13(b)(3), 15(a), , , 1194, 1195, 1198, 1200; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 122(g)(5), (6), 128(a)(5), (d)(4), 144, , , 366, 367, 393; , (b)(11), , , 2409; , (), , , 166; , §§ 2303(f), 2315(d), 2321(c), 2323(b)(3), 2335(d), 2347(a), 2348(a), 2354(b)(33), (34), , , 1080, 1084, 1086, 1090, 1096, 1097, 1102; , §§ 9121(a), 9122(a), 9401(b)(2)(F), 9402(a), 9403(b), , , 167, 199, 200; , §§ 9305(b)(1), 9320(h)(2), 9332(e)(1), 9337(c)(2), 9343(c)(2), (3), 9353(e)(1), , , 2016, 2025, 2034, 2040, 2047; , , ; , , ; , , ; , §§ 4012(a), 4062(d)(4), 4085(i)(17), (28), 4097(a), (b), 4212(e)(4), , , 1330–109, 1330–133, 1330–140, 1330–213, as amended , (j)(5), , , 791; , title II, §§ 201(b), (d), 202(h)(1), title IV, § 411(c)(2)(A)(i), (C), (g)(1)(D), , , 702, 718, 772, 782, as amended , (19)(A), , , 2419; , , ; , title II, § 201(a), title III, § 301(b)(4), (d)(1), , , 1981, 1985, 1986; , §§ 6003(g)(3)(D)(xii), (xiii), 6017, 6018(a), 6020, 6112(e)(3), , , 2165, 2166, 2216; , §§ 4008(b)(3)(B), (m)(3)(G)[(F)], 4153(d)(1), 4157(c)(2), 4162(b)(2), 4206(a), , , 1388–54, 1388–84, 1388–89, 1388–96, 1388–115; , , ; , , ; , , ; , §§ 106(b)(1)(B), 147(e)(7), 156(a)(2)(E), 160(d)(2), , , 4430, 4441, 4443; , , ; , , ; , §§ 4002(d), (e), 4201(c)(1), 4302(a), 4321(b), 4432(b)(5)(F), 4511(a)(2)(D), 4523(b), 4541(a)(3), 4641(a), 4714(b)(1), , , 373, 382, 395, 422, 442, 449, 456, 487, 510; , , , 1501A–368; , , , 2763A–499; , title V, §§ 505(b), 506(a), title VII, § 736(a)(13), title IX, §§ 932(b), (c)(1), 936(a), 947(a), , , 2294, 2355, 2400, 2401, 2411, 2425; , , ; , title VI, §§ 6401(a), 6406(b), title X, § 10603, , , 747, 769, 1006; , , ; , (c), , ; , (D), , ; , , ; , (b)(2)(A), , , 1333; , , ; , , ; , (2)(A), , ; , , .)

Editorial Notes

References in Text

Section 1713 of title 38 section 1781 of title 38 Pub. L. 107–135, title II, § 208(c)(1)Jan. 23, 2002115 Stat. 2463, referred to in subsec. (a)(1)(J), was renumbered by , (2), , .

section 222(a) of Pub. L. 92–603 section 1395b–1 of this titleSection 222(a) of the Social Security Amendments of 1972, referred to in subsec. (a)(1)(O), is , which is set out as a note under .

Pub. L. 91–596Dec. 29, 197084 Stat. 1590 section 651 of Title 29The Occupational Safety and Health Act of 1970, referred to in subsecs. (a)(1)(V) and (b)(4)(B), is , , , which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

llPub. L. 106–113, div. B, § 1000(a)(6) [title II, §§ 201(a)(1), 202(a)(2)]Nov. 29, 1999113 Stat. 1536Section 1395(t)(5) of this title, referred to in subsec. (a)(2)(A), was redesignated section 1395(t)(8) of this title by , , , 1501A–336, 1501A–342.

The Internal Revenue Code of 1986, referred to in subsec. (j)(2)(E), (6)(B)(i), is classified generally to Title 26, Internal Revenue Code.

Amendments

Pub. L. 117–328 section 1395x(ff)(4) of this title section 1395x(ff)(1) of this title2022—Subsec. (e)(2). inserted “, or intensive outpatient services (as described in )” after “partial hospitalization services (as described in )”.

Pub. L. 116–260, § 125(b)(1)(A)2020—Subsec. (a)(1)(F)(ii). , inserted “rural emergency hospitals,” after “critical access hospitals,”.

Pub. L. 116–260, § 125(b)(2)(A)(i)(I)Subsec. (a)(1)(I). , substituted “, critical access hospital, or rural emergency hospital” for “or critical access hospital” in introductory provisions.

Pub. L. 116–260, § 125(b)(2)(A)(i)(II)Subsec. (a)(1)(I)(ii). , inserted “, critical access hospital, or rural emergency hospital” after “hospital”.

Pub. L. 116–260, § 125(b)(2)(A)(ii)(I)Subsec. (a)(1)(N). , substituted “, critical access hospitals, and rural emergency hospitals” for “and critical access hospitals” in introductory provisions.

Pub. L. 116–260, § 125(b)(2)(A)(ii)(II)Subsec. (a)(1)(N)(i). , substituted “, critical access hospital, or rural emergency hospital” for “or critical access hospital”.

Pub. L. 116–260, § 125(b)(2)(A)(ii)(III)Subsec. (a)(1)(N)(iv). , inserted “, critical access hospital, or rural emergency hospital” after “hospital”.

Pub. L. 116–260, § 125(b)(1)(B)(i)Subsec. (a)(3)(A). , inserted “rural emergency hospital,” after “critical access hospital,”.

Pub. L. 116–260, § 125(b)(1)(B)(ii)Subsec. (a)(3)(B). , inserted “rural emergency hospital,” after “critical access hospital,” wherever appearing.

Pub. L. 116–260, § 125(b)(1)(B)(iii)Subsec. (a)(3)(C)(ii)(II). , inserted “rural emergency hospitals,” after “critical access hospitals,” in two places.

Pub. L. 115–182 Pub. L. 102–832018—Subsec. (a)(1)(L). substituted “under chapter 17” for “under section 603”. Amendment was executed by making the substitution for “under section 1703”, which appeared in text after the substitution of “section 1703” for “section 603” pursuant to . See 1991 Amendment note below.

Pub. L. 115–271Subsec. (e)(3). added par. (3).

Pub. L. 114–255, § 17004(b)(2)(A)(i)2016—Subsec. (j)(1)(A). , substituted “requirements in accordance with paragraph (5)” for “requirements in accordance with paragraph (4)”, “moratoria in accordance with paragraph (7)” for “moratoria in accordance with paragraph (5)”, and “paragraph (9)” for “paragraph (6)”.

Pub. L. 114–255, § 17004(a)(1)Subsec. (j)(7). , in heading, inserted “; nonpayment” at end.

Pub. L. 114–255, § 17004(a)(2)Subsec. (j)(7)(C). , added subpar. (C).

Pub. L. 114–255, § 17004(b)(2)(A)(ii)Subsec. (j)(8), (9). , redesignated par. (8), relating to compliance programs, as (9).

Pub. L. 114–42, § 2(1)2015—Subsec. (a)(1)(W), (X). –(3)(A), redesignated subpar. (W), relating to maintaining and providing access to documentation, as (X).

Pub. L. 114–42, § 2(3)(B)Subsec. (a)(1)(Y). , (4), added subpar. (Y).

Pub. L. 112–40, § 261(a)(3)(A)2011—Subsec. (a)(1)(F). , substituted “quality improvement” for “utilization and quality control peer review” in cls. (i) and (ii).

Pub. L. 112–40, § 261(a)(3)(D)Subsec. (a)(3). , substituted “quality improvement” for “peer review” in subpars. (A) and (B).

Pub. L. 111–148, § 6406(b)(1)Pub. L. 111–148, § 3005(1)(A)2010—Subsec. (a)(1)(U). , which directed amendment by striking out “and” at end, could not be executed because of the intervening amendment by . See Amendment note below.

Pub. L. 111–148, § 3005(1)(A), struck out “and” after “services,” in concluding provisions.

Pub. L. 111–148, § 6406(b)(2)Pub. L. 111–148, § 3005(1)(B)Subsec. (a)(1)(V). , which directed amendment by substituting “; and” for period at end, could not be executed because of the intervening amendment by . See Amendment note below.

Pub. L. 111–148, § 3005(1)(B), substituted “, and” for period at end.

Pub. L. 111–148, § 6406(b)(3)Subsec. (a)(1)(W). , added subpar. (W) relating to maintaining and providing access to documentation. Subpar. (W) was added after subpar. (W) relating to reporting quality data to the Secretary to reflect the probable intent of Congress, notwithstanding directory language adding subpar. at the end of par. (1).

Pub. L. 111–148, § 3005(1)(C), added subpar. (W) relating to reporting quality data to the Secretary. Subpar. (W) was added after subpar. (V) to reflect the probable intent of Congress, notwithstanding directory language adding subpar. at the end of par. (1).

Pub. L. 111–148, § 6401(a)(1)Subsec. (j)(1)(A). , inserted at end “Such process shall include screening of providers and suppliers in accordance with paragraph (2), a provisional period of enhanced oversight in accordance with paragraph (3), disclosure requirements in accordance with paragraph (4), the imposition of temporary enrollment moratoria in accordance with paragraph (5), and the establishment of compliance programs in accordance with paragraph (6).”

Pub. L. 111–148, § 6401(a)(3)Subsec. (j)(2). , added par. (2). Former par. (2) redesignated (8).

Pub. L. 111–148, § 10603(a)Subsec. (j)(2)(C). , redesignated cls. (ii) to (iv) as (i) to (iii), respectively, substituted “clause (ii)” for “clause (iii)” in cl. (i), and struck out former cl. (i) which read as follows: “Except as provided in clause (iii), the Secretary shall impose a fee on each individual provider of medical or other items or services or supplier (such as a physician, physician assistant, nurse practitioner, or clinical nurse specialist) with respect to which screening is conducted under this paragraph in an amount equal to—

“(I) for 2010, $200; and

“(II) for 2011 and each subsequent year, the amount determined under this clause for the preceding year, adjusted by the percentage change in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with June of the previous year.”

Pub. L. 111–192, § 103(b)Subsec. (j)(2)(E), (F). , added subpar. (E) and redesignated former subpar. (E) as (F).

Pub. L. 111–148, § 6401(a)(3)Subsec. (j)(3). , added par. (3).

Pub. L. 111–152, § 1304Subsec. (j)(4), (5). , added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (6).

Pub. L. 111–148, § 6401(a)(3), added pars. (4) and (5).

Pub. L. 111–192, § 103(c)(1)Subsec. (j)(6). , substituted “medicare” for “past-due” in heading.

Pub. L. 111–152, § 1304(1), redesignated par. (5) as (6). Former par. (6) redesignated (7).

Pub. L. 111–148, § 6401(a)(3), added par. (6).

Pub. L. 111–192, § 103(c)(2)Subsec. (j)(6)(A). , substituted “amount described in subparagraph (B)(ii) due from such” for “past-due obligations described in subparagraph (B)(ii) of an”.

Pub. L. 111–192, § 103(c)(3)Subsec. (j)(6)(B)(ii). , substituted “an amount that is more than the amount required to be paid” for “a past-due obligation”.

Pub. L. 111–152, § 1304(1)Subsec. (j)(7). , redesignated par. (6) as (7). Former par. (7) redesignated (8).

Pub. L. 111–148, § 6401(a)(3), added par. (7).

Pub. L. 111–152, § 1304(1)Subsec. (j)(8). , redesignated par. (7) as (8) relating to compliance programs.

Pub. L. 111–148, § 6401(a)(2)Pub. L. 111–148, § 10603(b), as amended by , redesignated par. (2) as (8).

Pub. L. 111–148, § 3005(2)Subsec. (k). , added subsec. (k).

Pub. L. 110–275llll2008—Subsec. (e)(1). substituted “section through the operation of subsection (g) or ()(2) of section 1395x” for “section through the operation of section 1395x(g)” in two places, substituted “defined),” for “defined) or”, and inserted “, or (through the operation of section 1395x()(2) of this title) with respect to the furnishing of outpatient speech-language pathology” before “; and”.

Pub. L. 108–173, § 936(a)(1)2003—, inserted “; enrollment processes” in section catchline.

Pub. L. 108–173, § 236(a)(1)Subsec. (a)(1)(O). , substituted “part C, with a PACE provider under section 1395eee or 1396u–4 of this title, or” for “part C or”, struck out “(i)” before “with a risk-sharing contract”, struck out “and (ii)” before “which does not have a contract”, inserted “(or, in the case of a PACE provider, contract or other agreement)” after “have a contract”, and substituted “members of the organization or PACE program eligible individuals enrolled with the PACE provider,” for “members of the organization”.

Pub. L. 108–173, § 505(b)Subsec. (a)(1)(T). , added subpar. (T).

Pub. L. 108–173, § 506(a)Subsec. (a)(1)(U). , added subpar. (U).

Pub. L. 108–173, § 947(a)(1)Subsec. (a)(1)(V). , added subpar. (V).

Pub. L. 108–173, § 736(a)(13)Subsec. (b)(2)(D). , realigned margins.

Pub. L. 108–173, § 947(a)(2)Subsec. (b)(4). , added par. (4).

Pub. L. 108–173, § 932(b)Subsec. (h)(1). , (c)(1), designated existing provisions as subpar. (A) and added subpars. (B) and (C).

Pub. L. 108–173, § 936(a)(2)Subsec. (j). , added subsec. (j).

Pub. L. 106–554 section 1395x(s)(2)(D) of this title2000—Subsec. (a)(1)(H)(ii)(I). inserted “during a period in which the resident is provided covered post-hospital extended care services (or, for services described in , that are furnished to such an individual without regard to such period)” after “skilled nursing facility”.

Pub. L. 106–113, § 1000(a)(6) [title III, § 321(k)(11)(A)]1999—Subsec. (a)(1)(I)(iii). , substituted comma for semicolon at end.

Pub. L. 106–113, § 1000(a)(6) [title III, § 321(k)(11)(B)]Subsec. (a)(1)(N)(iv). , struck out “and” at end.

Pub. L. 106–113, § 1000(a)(6) [title III, § 321(k)(11)(C)]Subsec. (a)(1)(O). , substituted comma for semicolon at end.

Pub. L. 106–113, § 1000(a)(6) [title III, § 321(k)(12)(A)]Subsec. (a)(1)(Q). , substituted comma for semicolon at end.

Pub. L. 106–113, § 1000(a)(6) [title III, § 321(k)(12)(B)]Subsec. (a)(1)(R). , inserted “, and” at end.

Pub. L. 105–33, § 4714(b)(1)section 1396a(n)(3) of this title1997—Subsec. (a)(1)(A). , designated existing provisions as cl. (i) and inserted before comma at end “, and (ii) not to impose any charge that is prohibited under ”.

Pub. L. 105–33, § 4201(c)(1)Subsec. (a)(1)(F)(ii). , substituted “critical access” for “rural primary care”.

Pub. L. 105–33, § 4511(a)(2)(D)section 1395x(s)(2)(K) of this titleSubsec. (a)(1)(H). , substituted “” for “section 1395x(s)(2)(K)(i) or 1395x(s)(2)(K)(iii) of this title”.

Pub. L. 105–33, § 4432(b)(5)(F), designated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, and added cl. (ii).

Pub. L. 105–33, § 4201(c)(1), substituted “critical access” for “rural primary care” in two places.

Pub. L. 105–33, § 4201(c)(1)Subsec. (a)(1)(I), (N). , substituted “critical access” for “rural primary care” in introductory provisions of subpars. (I) and (N) and in subpar. (N)(i).

Pub. L. 105–33, § 4002(e)Subsec. (a)(1)(O). , struck out “in the case of hospitals and skilled nursing facilities,” before “to accept as payment in full for”, “inpatient hospital and extended care” after “to accept as payment in full for”, and “(in the case of hospitals) or limits (in the case of skilled nursing facilities)” after “the organization the amounts”; inserted “with a Medicare+Choice organization under part C or” after “any individual enrolled” and “(less any payments under sections 1395ww(d)(11) and 1395ww(h)(3)(D) of this title)” after “under this subchapter”.

Pub. L. 105–33, § 4321(b)Subsec. (a)(1)(S). , added subpar. (S). Subpar. (S) was added after subpar. (R) to reflect the probable intent of Congress, notwithstanding directory language adding subpar. at the end of par. (1).

Pub. L. 105–33, § 4541(a)(3)llsection 1395m(k) of this titleSubsec. (a)(2)(A). , which directed the amendment of subsec. (a)(2)(A)(ii) by inserting the following at the end “In the case of services described in section 1395(a)(8) of this title or section 1395(a)(9) of this title for which payment is made under part B under , clause (ii) of the first sentence shall be applied by substituting for 20 percent of the reasonable charge for such services 20 percent of the lesser of the actual charge or the applicable fee schedule amount (as defined in such section) for such services.”, was executed by inserting the material at the end of subpar. (A) to reflect the probable intent of Congress.

Pub. L. 105–33, § 4523(b)ll, which directed the amendment of subsec. (a)(2)(A)(ii) by inserting the following at the end “In the case of items and services for which payment is made under part B under the prospective payment system established under section 1395(t) of this title, clause (ii) of the first sentence shall be applied by substituting for 20 percent of the reasonable charge, the applicable copayment amount established under section 1395(t)(5) of this title.”, was executed by inserting the material at the end of subpar. (A) to reflect the probable intent of Congress.

Pub. L. 105–33, § 4201(c)(1)Subsec. (a)(3). , substituted “critical access” for “rural primary care” wherever appearing.

Pub. L. 105–33, § 4302(a)Subsec. (b)(2)(D). , added subpar. (D).

Pub. L. 105–33, § 4002(d)(1)lSubsec. (f)(1). , inserted “1395w–25(i),” after “1395(s),” and “, Medicare+Choice organization,” after “provider of services” in introductory provisions.

Pub. L. 105–33, § 4641(a)Subsec. (f)(1)(B). , substituted “in a prominent part of the individual’s current medical record” for “in the individual’s medical record”.

Pub. L. 105–33, § 4002(d)(2)lSubsec. (f)(2)(E). , inserted “or a Medicare+Choice organization” after “section 1395(a)(1)(A) of this title”.

Pub. L. 105–12Subsec. (f)(4). added par. (4).

Pub. L. 104–1911996—Subsec. (a)(1)(R). added subpar. (R).

Pub. L. 103–432, § 147(e)(7)section 1395x(s)(2)(K)(i) of this title1994—Subsec. (a)(1)(H). , substituted “section 1395x(s)(2)(K)(i) or 1395x(s)(2)(K)(iii) of this title” for “”.

Pub. L. 103–432, § 156(a)(2)(E)section 1320c–13(c)(2) of this title section 1395x(s)(10)(A) of this titleSubsec. (a)(2)(A). , struck out “, with respect to items and services furnished in connection with obtaining a second opinion required under (or a third opinion, if the second opinion was in disagreement with the first opinion),” after “”.

Pub. L. 103–432, § 106(b)(1)(B)Subsec. (d). , substituted “long-stay cases in a hospital” for “long-stay cases in a hospital or skilled nursing facility”, “such hospital” for “such hospital or facility” in two places, “period of such services” for “period of such services or for post-hospital extended care services after such day of a continuous period of such care as is prescribed in or pursuant to regulations, as the case may be”, and “notice to the hospital” for “notice to the hospital, or (in the case of a skilled nursing facility) to the facility and the hospital or hospitals with which it has a transfer agreement,”.

Pub. L. 103–432, § 160(d)(2)llSubsec. (f)(1). , substituted “1395(s)” for “1395(r)” in introductory provisions.

Pub. L. 103–296lSubsec. (h)(1). inserted before period at end “, except that, in so applying such sections and in applying section 405() of this title thereto, any reference therein to the Commissioner of Social Security or the Social Security Administration shall be considered a reference to the Secretary or the Department of Health and Human Services, respectively”.

Pub. L. 102–83 section 1713 of title 38 section 613 of title 381991—Subsec. (a)(1)(J). substituted “” for “”.

Pub. L. 102–83 section 1703 of title 38 section 603 of title 38Subsec. (a)(1)(L). substituted “” for “”.

Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.

Pub. L. 101–508, § 4008(m)(3)(G)[(F)]1990—Subsec. (a)(1)(F)(i). (i), substituted “),” for comma at end.

Pub. L. 101–508, § 4008(m)(3)(G)[(F)]Subsec. (a)(1)(F)(ii). (ii), substituted “paragraph (3)(A),” for “paragraph (4)(A);”.

Pub. L. 101–508, § 4157(c)(2)section 1395x(s)(2)(K)(i) of this titleSubsec. (a)(1)(H). , inserted “services described by , certified nurse-midwife services, qualified psychologist services, and” after “and other than”.

Pub. L. 101–508, § 4008(b)(3)(B)section 1395dd of this titleSubsec. (a)(1)(I)(i). , inserted “and to meet the requirements of such section” after “”.

Pub. L. 101–508, § 4153(d)(1)Subsec. (a)(1)(P). , substituted “catheters, catheter supplies, ostomy bags, and supplies related to ostomy care” for “ostomy supplies”.

Pub. L. 101–508, § 4206(a)(1)Subsec. (a)(1)(Q). , added subpar. (Q).

Pub. L. 101–508, § 4162(b)(2)section 1395x(p)(4)(A) of this title section 1395x(g) of this title section 1395x(p)(4)(B) of this title section 1395x(g) of this title section 1395x(g) of this titleSubsec. (e). , substituted “include—” and pars. (1) and (2) for “include a clinic, rehabilitation agency, or public health agency if, in the case of a clinic or rehabilitation agency, such clinic or agency meets the requirements of (or meets the requirements of such section through the operation of ), or if, in the case of a public health agency, such agency meets the requirements of (or meets the requirements of such section through the operation of ), but only with respect to the furnishing of outpatient physical therapy services (as therein defined) or (through the operation of ) with respect to the furnishing of outpatient occupational therapy services.”

Pub. L. 101–508, § 4206(a)(2)Subsec. (f). , added subsec. (f).

Pub. L. 101–234, § 301(b)(4)1989—Subsec. (a)(1)(F)(i)(III). , (d)(1), amended subcl. (III) identically substituting “fiscal year)” for “fiscal year))” before “of such reviews,” at end.

Pub. L. 101–239, § 6003(g)(3)(D)(xii)(I)Subsec. (a)(1)(F)(ii). , inserted “rural primary care hospitals,” after “hospitals,”.

Pub. L. 101–239, § 6003(g)(3)(D)(xii)(II)Subsec. (a)(1)(H). , inserted “and in the case of rural primary care hospitals which provide rural primary care hospital services” after “payment may be made under this subchapter”.

Pub. L. 101–239, § 6018(a)(1)section 1395dd of this titleSubsec. (a)(1)(I). , amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: “in the case of a hospital and in the case of a rural primary care hospital, to comply with the requirements of to the extent applicable,”.

Pub. L. 101–239, § 6003(g)(3)(D)(xii)(III), inserted “and in the case of a rural primary care hospital” after “hospital”.

Pub. L. 101–239, § 6003(g)(3)(D)(xii)(IV)Subsec. (a)(1)(N). , substituted “hospitals and rural primary care hospitals” for “hospitals” in introductory provisions and “hospital or rural primary care hospital,” for “hospital,” in cl. (i).

Pub. L. 101–239, § 6018(a)(2)Subsec. (a)(1)(N)(iii), (iv). , added cls. (iii) and (iv).

Pub. L. 101–239, § 6112(e)(3)Subsec. (a)(1)(P). , added subpar. (P).

Pub. L. 101–234, § 201(a)Pub. L. 100–360Subsec. (a)(2)(A). , repealed , §§ 201(b), (d), 202(h)(1), and provided that the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted, see 1988 Amendment notes below.

Pub. L. 101–239, § 6017Subsec. (a)(2)(B). , redesignated cl. (i) as subpar. (B) and struck out cl. (ii) which authorized charges for items or services more expensive than determined to be necessary and which have not been requested by the individual to the extent that such costs in the second fiscal period preceding the fiscal period in which such charges are imposed exceed necessary costs, under certain circumstances.

Pub. L. 101–239, § 6003(g)(3)(D)(xiii)(I)Subsec. (a)(3)(A), (B). , substituted “hospital, rural primary care hospital,” for “hospital,” wherever appearing.

Pub. L. 101–239, § 6003(g)(3)(D)(xiii)(II)Subsec. (a)(3)(C)(ii)(II). , substituted “facilities, rural primary care hospitals,” for “facilities” in two places.

Pub. L. 101–234, § 101(a)Pub. L. 100–360, § 104(d)(5)Subsec. (d). , repealed , and provided that the provisions of law amended or repealed by such section are restored or revived as if such section had not been enacted, see 1988 Amendment note below.

Pub. L. 101–239, § 6020Subsec. (i). , added subsec. (i).

Pub. L. 100–360, § 411(c)(2)(C)(i)Pub. L. 100–485, § 608(d)(19)(A)1988—Subsec. (a)(1)(M). , as added by , struck out “and” at end.

Pub. L. 100–360, § 411(c)(2)(C)(ii)Pub. L. 100–485, § 608(d)(19)(A)Subsec. (a)(1)(N). , as added by , substituted “, and” for period at end.

Pub. L. 100–360, § 411(c)(2)(A)(i)section 1395mm of this titleSubsec. (a)(1)(O). , substituted cls. (i) and (ii) for “with a risk-sharing contract under ”.

Pub. L. 100–360, § 201(d)llSubsec. (a)(2)(A). , substituted “section 1395(d)(1) of this title” for “section 1395(c) of this title” in second sentence.

Pub. L. 100–360, § 411(g)(1)(D)section 1395m(a)(1)(B) of this title section 1395m(a)(2) of this title, substituted “” for “” in last sentence.

Pub. L. 100–360, § 202(h)(1)lsection 1395m(c)(2)(C) of this title section 1395m(c)(3) of this title, inserted “1395m(c),” after “1395(b),” and “and in the case of covered outpatient drugs, applicable coinsurance percent (specified in ) of the lesser of the actual charges for the drugs or the payment limit (established under )” after “established by the Secretary”.

Pub. L. 100–360, § 201(b)l, inserted at end “A provider of services may not impose a charge under the first sentence of this subparagraph for services for which payment is made to the provider pursuant to section 1395(c) of this title (relating to catastrophic benefits).”

Pub. L. 100–360, § 411(j)(5)Pub. L. 100–203, § 4097(b)Subsec. (a)(3)(C)(ii). , made technical correction to directory language of , see 1987 Amendment note below.

Pub. L. 100–360, § 104(d)(5)Pub. L. 100–485, § 608(d)(3)(F)Subsec. (d). , as amended by , struck out “post-hospital” before “extended care services”.

Pub. L. 100–485, § 608(f)(1)Subsec. (f). , struck out subsec. (f) which provided for termination or decertification and alternatives thereto.

Pub. L. 100–360, § 411(i)(4)(C)(vi)Pub. L. 100–203, § 4085(i)(28)Subsec. (g). , added , see 1987 Amendment note below.

Pub. L. 100–203, § 4097(a)1987—Subsec. (a)(1)(F)(i)(III). , substituted “1988” for “1986” and inserted “and for any direct or administrative costs incurred as a result of review functions added with respect to a subsequent fiscal year” after “inflation”.

Pub. L. 100–203, § 4012(a)Subsec. (a)(1)(O). , added subpar. (O).

Pub. L. 100–203, § 4062(d)(4)section 1395m(a) of this titlelsection 1395m(a)(2) of this titleSubsec. (a)(2)(A). , inserted at end “Notwithstanding the first sentence of this subparagraph, a home health agency may charge such an individual or person, with respect to covered items subject to payment under , the amount of any deduction imposed under section 1395(b) of this title and 20 percent of the payment basis described in .”

Pub. L. 100–93, § 8(d)(1)section 1320a–5(b) of this title section 1320a–5(a) of this titleSubsec. (a)(3). , redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “The Secretary may refuse to enter into or renew an agreement under this section with a provider of services if any person who has a direct or indirect ownership or control interest of 5 percent or more in such provider, or who is an officer, director, agent, or managing employee (as defined in ) of such provider, is a person described in .”

Pub. L. 100–203, § 4097(b)Pub. L. 100–360, § 411(j)(5)Subsec. (a)(3)(C)(ii). , as amended by , amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “shall not be less in the aggregate for hospitals, facilities, and agencies for a fiscal year than the amounts the Secretary determines to be sufficient to cover the costs of such organizations’ conducting the activities described in subparagraph (A) with respect to such hospitals, facilities, or agencies under part B of subchapter XI of this chapter.”

Pub. L. 100–93, § 8(d)(1)(B)Subsec. (a)(4). , redesignated par. (4) as (3).

Pub. L. 100–93, § 8(d)(2)Subsec. (b). , amended subsec. (b) generally, substituting pars. (1) to (3) for former pars. (1) to (5).

Pub. L. 100–93, § 8(d)(3)Subsec. (c)(1). , (4), substituted “the Secretary has terminated or has refused to renew an agreement under this subchapter with a provider of services” for “an agreement filed under this subchapter by a provider of services has been terminated by the Secretary” and inserted “or nonrenewal” after “termination”.

Pub. L. 100–203, § 4212(e)(4)section 1396i(a) of this titleSubsec. (c)(2). , redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “In the case of a skilled nursing facility participating in the programs established by this subchapter and subchapter XIX of this chapter, the Secretary may enter into an agreement under this section only if such facility has been approved pursuant to , and the term of any such agreement shall be in accordance with the period of approval of eligibility specified by the Secretary pursuant to such section.”

Pub. L. 100–203, § 4212(e)(4)Subsec. (c)(3). , redesignated par. (3) as (2).

Pub. L. 100–93, § 8(d)(3), (4), substituted “the Secretary has terminated or has refused to renew an agreement under this subchapter with a provider of services” for “an agreement filed under this subchapter by a provider of services has been terminated by the Secretary” and inserted “or nonrenewal” after “termination”.

Pub. L. 100–203, § 4085(i)(28)Pub. L. 100–360, § 411(i)(4)(C)(vi)section 1320a–7a of this titleSubsec. (g). , as added by , substituted “money penalty” for “monetary penalty” in first sentence and amended second sentence generally. Prior to amendment, second sentence read as follows: “Such a penalty shall be imposed in the same manner as civil monetary penalties are imposed under with respect to actions described in subsection (a) of that section.”

Pub. L. 100–203, § 4085(i)(17), substituted “inconsistent with an arrangement under subsection (a)(1)(H) or in violation of the requirement for such an arrangement” for “for a hospital outpatient service for which payment may be made under part B of this subchapter and such bill or request violates an arrangement under subsection (a)(1)(H)”.

Pub. L. 100–93, § 8(d)(5)Subsec. (h). , added subsec. (h).

Pub. L. 99–509, § 9353(e)(1)(A)1986—Subsec. (a)(1)(F). , designated existing provisions as cl. (i) and in cl. (i), as so designated, redesignated former cls. (i) to (iii) as subcls. (I) to (III), and added cl. (ii).

Pub. L. 99–272, § 9402(a), redesignated cl. (iv) as (iii) and in cl. (iii), as so redesignated, substituted “1986” for “1982”, and struck out former cl. (iii) which provided that the cost of such agreement to the hospital shall not be less than amount which reflects the rates per review established in fiscal year 1982 for both direct and administrative costs (adjusted for inflation).

Pub. L. 99–509, § 9343(c)(2)Subsec. (a)(1)(H). , struck out “inpatient hospital” after “hospitals which provide” and substituted “a patient” for “an inpatient”.

Pub. L. 99–509, § 9320(h)(2)section 1395y(a)(14) of this title, inserted “, and other than services of a certified registered nurse anesthetist” after “”.

Pub. L. 99–514Subsec. (a)(1)(I). redesignated subpar. (I) relating to agreement not to charge for certain items and services as subpar. (K).

Pub. L. 99–272, § 9403(b), added subpar. (I) relating to agreement not to charge for certain items or services.

Pub. L. 99–272, § 9121(a)section 1395dd of this title, added subpar. (I) relating to compliance with the requirements of .

Pub. L. 99–272, § 9122(a)Subsec. (a)(1)(J). , added subpar. (J).

Pub. L. 99–514Subsec. (a)(1)(K). redesignated subpar. (I) relating to agreement not to charge for certain items and services as subpar. (K).

Pub. L. 99–576Subsec. (a)(1)(L). added subpar. (L).

Pub. L. 99–509, § 9305(b)(1)Subsec. (a)(1)(M). , added subpar. (M).

Pub. L. 99–509, § 9332(e)(1)Subsec. (a)(1)(N). , added subpar. (N).

Pub. L. 99–272, § 9401(b)(2)(F)section 1320c–13(c)(2) of this titleSubsec. (a)(2)(A). , inserted “, with respect to items and services furnished in connection with obtaining a second opinion required under (or a third opinion, if the second opinion was in disagreement with the first opinion),” after “1395x(s)(10)(A) of this title” in last sentence.

Pub. L. 99–509, § 9353(e)(1)(B)Subsec. (a)(4). , added par. (4).

Pub. L. 99–509, § 9337(c)(2)section 1395x(g) of this title section 1395x(g) of this titleSubsec. (e). , inserted “(or meets the requirements of such section through the operation of )” in two places, and inserted “or (through the operation of ) with respect to the furnishing of outpatient occupational therapy services” after “(as therein defined)”.

Pub. L. 99–509, § 9343(c)(3)Subsec. (g). , added subsec. (g).

Pub. L. 98–369, § 2354(b)(33)1984—Subsec. (a)(1)(E). , inserted a comma at end.

Pub. L. 98–369, § 2347(a)(2)Pub. L. 98–21, § 602lSubsec. (a)(1)(F). , repealed amendment made by ()(1). See 1983 Amendment note below.

Pub. L. 98–369, § 2347(a)(1), substituted “maintain an agreement with a professional standards review organization (if there is such an organization in existence in the area in which the hospital is located) or with a utilization and quality control peer review organization which has a contract with the Secretary under part B of subchapter XI for the area in which the hospital is located, under which the organization” for “maintain an agreement with a utilization and quality control peer review organization (if there is such an organization which has a contract with the Secretary under part B of subchapter XI for the area in which the hospital is located) under which the organization”.

Pub. L. 98–369, § 2315(d), substituted “(b), (c), or (d)” for “(c) or (d)”.

Pub. L. 98–369, § 2323(b)(3)section 1395x(s)(10)(A) of this title section 1395x(s)(10) of this titleSubsec. (a)(2)(A). , substituted “” for “”.

Pub. L. 98–369, § 2321(c), inserted “or which are durable medical equipment furnished as home health services” after “part B”.

Pub. L. 98–369, § 2303(f)section 1395x(s)(10) of this title, inserted “and with respect to clinical diagnostic laboratory tests” after “”.

Pub. L. 98–369, § 2354(b)(34)Subsec. (b)(3). , realigned margin.

Pub. L. 98–369, § 2335(d)(1), substituted “(including inpatient psychiatric hospital services)” for “(including tuberculosis hospital services and inpatient psychiatric hospital services)”.

Pub. L. 98–369, § 2348(a)Subsec. (b)(4). , substituted “more than 30 days after such effective date” for “after the calendar year in which such termination is effective”.

Pub. L. 98–369, § 2335(d)(2)Subsec. (d). , substituted “(including inpatient psychiatric hospital services)” for “(including inpatient tuberculosis hospital services and inpatient psychiatric hospital services)”.

Pub. L. 98–21, § 602lOctober 1, 19841983—Subsec. (a)(1). ()(2), inserted provision at end of par. (1) that in the case of a hospital which has an agreement in effect with an organization described in subparagraph (F), which organization’s contract with the Secretary under part B of subchapter XI terminates on or after , the hospital shall not be determined to be out of compliance with the requirement of such subparagraph during the six month period beginning on the date of the termination of that contract.

Pub. L. 98–21, § 602lOct. 1, 1984Pub. L. 98–369, § 2347(a)(2)July 18, 1984Subsec. (a)(1)(F). ()(1), which provided that, effective , subpar. (F) is amended by substituting “(with an organization” for “(if there is such an organization”, was repealed by , effective .

Pub. L. 98–21, § 602(f)(1)Subsec. (a)(1)(F) to (H). , added subpars. (F) to (H).

Pub. L. 97–448, § 309(b)(11)Subsec. (a)(2)(A). , inserted a comma after “1395e(a)(1)”.

Pub. L. 97–448, § 309(a)(5)Pub. L. 97–248, § 122(g)(5), amended directory language of , to correct an error, and did not involve any change in text. See 1982 Amendment note below.

Pub. L. 98–21, § 602(f)(2)section 1395ww(d) of this titleSubsec. (a)(2)(B)(ii). , inserted “and except with respect to inpatient hospital costs with respect to which amounts are payable under ” after “(except with respect to emergency services)” in provision preceding subcl. (I).

Pub. L. 97–248, § 128(d)(4)section 1395y(a) of this title1982—Subsec. (a)(1)(B). , inserted “of ”.

Pub. L. 97–248, § 144Subsec. (a)(1)(E). , added subpar. (E).

Pub. L. 97–248, § 122(g)(5)Pub. L. 97–448, § 309(a)(5)Subsec. (a)(2)(A). , as amended by , substituted “(a)(3), or (a)(4)” for “or (a)(3)”.

Pub. L. 97–248, § 128(a)(5)Subsec. (b). , in provisions preceding par. (1), struck out “(and in the case of a skilled nursing facility, prior to the end of the term specified in subsection (a)(1) of this section)” after “may be terminated”.

Pub. L. 97–248, § 122(g)(6)Subsec. (b)(4)(A). , inserted “or hospice care” after “home health services”.

Pub. L. 97–351981—Subsec. (a)(1). struck out provision following subpar. (D) which provided that an agreement with a skilled nursing facility be for a term not exceeding 12 months with the exception that the Secretary could extend the time in specified situations.

Pub. L. 96–611 section 1395x(s)(10) of this title1980—Subsec. (a)(2)(A). inserted provision that a provider of services may not impose a charge under clause (ii) of the first sentence of this subparagraph with respect to items and services described in for which payment is made under part B of this subchapter.

Pub. L. 96–272Subsec. (c)(3). added par. (3).

Pub. L. 96–499Subsec. (f). added subsec. (f).

Pub. L. 95–2921978—Subsec. (a)(2)(A). provided for computation of and charging of coinsurance amounts for items and services furnished individuals with end stage renal disease on the basis established by the Secretary.

Pub. L. 95–142, § 15(a)1977—Subsec. (a)(1)(D). , added subpar. (D).

Pub. L. 95–142, § 8(b)(1)Subsec. (a)(3). , added par. (3).

Pub. L. 95–142, § 3(b)Subsec. (b)(2)(C). , designated existing provisions as subcl. (i) and added subcl. (ii).

Pub. L. 95–142, § 13(b)(3)Subsec. (b)(2)(F). , substituted “of a quality which fails to meet professionally recognized standards of health care” for “harmful to individuals or to be of a grossly inferior quality”, and struck out provisions relating to approval by an appropriate program review team.

Pub. L. 95–142, § 8(b)(2)Subsec. (b)(2)(G). , added cl. (G).

Pub. L. 95–210 section 1396i(a) of this title section 1396i of this titleSubsec. (c)(2). substituted “” for “”.

Pub. L. 92–603 section 1395n(e) of this title1972—Subsec. (a)(1). , §§ 227(d)(2), 249A(b), 278(a)(17), (b)(18), 281(c), substituted “Any provider of services (except a fund designated for purposes of section 1395f(g) and )” for “Any provider of services”, “skilled nursing facility” for “extended care facility”, inserted provision that the agreement be for a term of not to exceed 12 months with an allowable extension of 2 months under specified circumstances, redesignated subpar. (B) as (C) and added subpar. (B).

Pub. L. 92–603, § 223(e)Subsec. (a)(2)(B). , designated existing provisions as cl. (i) and added cl. (ii).

Pub. L. 92–603, § 223(g)(2)Subsec. (a)(2)(C). , substituted “this subparagraph” for “clause (iii) of the preceding sentence”.

Pub. L. 92–603, § 223(g)(1)Subsec. (a)(2)(D). , added subpar. (D).

Pub. L. 92–603Subsec. (b). , §§ 229(b), 249A(c), 278(a)(17), inserted “(and in the case of an extended care facility, prior to the end of the term specified in subsection (a)(1) of this section)” in provision preceding par. (1), in par. (2), added cls. (D) to (F), and in par. (3), substituted “(including tuberculosis hospital services and inpatient psychiatric hospital services) or post-hospital extended care services, with respect to services furnished after the effective date of such termination, except that payment may be made for up to thirty days with respect to inpatient institutional services furnished to any eligible individual who was admitted to such institution prior to” for “(including inpatient tuberculosis hospital services and inpatient psychiatric hospital services) or post-hospital extended care services, with respect to such services furnished to any individual who is admitted to the hospital or extended care facility furnishing such services on or after” and substituted “skilled nursing facility” for “extended care facility”.

Pub. L. 92–603, § 249A(d)Subsec. (c). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 92–603, § 278(a)(17)Subsec. (d). , substituted “skilled nursing facility” for “extended care facility” and “a” for “an”.

Pub. L. 90–248, § 129(c)(12)(A)(i)1968—Subsec. (a)(2)(A). , (ii), substituted “or (a)(3)” for “, (a)(2), or (a)(4)” in cl. (i), and deleted “or, in the case of outpatient hospital diagnostic services, for which payment is made under part A” in cl. (ii).

Pub. L. 90–248, § 129(c)(12)(B)Subsec. (a)(2)(C). , substituted “1395e(a)(2)” for “1395e(a)(3)”.

Pub. L. 90–248, § 135(b), authorized a provider of services to charge for blood in accordance with its customary practices, included, in addition to whole blood for which a provider of services may charge, equivalent quantities of packed red blood cells, and provided that blood furnished an individual will be deemed replaced when the provider is given one pint of blood for each pint of blood (or equivalent quantities of packed red blood cells) furnished the individual to which the three pint deductible applies.

Pub. L. 90–248, § 133(c)Subsec. (e). , added subsec. (e).

Statutory Notes and Related Subsidiaries

Change of Name

section 201 of Pub. L. 108–173 section 1395w–21 of this titleReferences to Medicare+Choice deemed to refer to Medicare Advantage or MA, subject to an appropriate transition provided by the Secretary of Health and Human Services in the use of those terms, see , set out as a note under .

Effective Date of 2022 Amendment

Pub. L. 117–328Jan. 1, 2024section 4124(d) of Pub. L. 117–328Amendment by applicable with respect to items and services furnished on or after , see , set out as a note under section 1395k of this section.

Effective Date of 2020 Amendment

Pub. L. 116–260Jan. 1, 2023section 125(g) of Pub. L. 116–260lAmendment by section 125(b)(1), (2)(A) of applicable to items and services furnished on or after , see , set out as a note under section 1395 of this title.

Effective Date of 2018 Amendment

Pub. L. 115–182 section 101(b) of Pub. L. 115–182 section 144(b) of Pub. L. 115–182 section 1712 of Title 38Amendment by effective on the date described in , see , set out as a note under , Veterans’ Benefits.

Effective Date of 2011 Amendment

Pub. L. 112–40Jan. 1, 2012section 261(e) of Pub. L. 112–40 section 1320c of this titleAmendment by applicable to contracts entered into or renewed on or after , see , set out as a note under .

Effective Date of 2010 Amendment

section 6406(b) of Pub. L. 111–148Jan. 1, 2010section 6406(d) of Pub. L. 111–148 section 1320a–7 of this titleAmendment by applicable to orders, certifications, and referrals made on or after , see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–275July 1, 2009section 143(c) of Pub. L. 110–275 section 1395k of this titleAmendment by applicable to services furnished on or after , see , set out as a note under .

Effective Date of 2003 Amendment

Pub. L. 108–173, title II, § 236(c)Dec. 8, 2003117 Stat. 2212

January 1, 2004“The amendments made by this section [amending this section and sections 1395eee, 1396a, and 1396u–4 of this title] shall apply to services furnished on or after .”

, , , provided that:

section 505(b) of Pub. L. 108–173Oct. 1, 2004section 505(c) of Pub. L. 108–173 section 1395ww of this titleAmendment by first applicable to the wage index for discharges occurring on or after , see , set out as a note under .

Pub. L. 108–173, title V, § 506(b)Dec. 8, 2003117 Stat. 2295

Dec. 8, 2003“The amendments made by this section [amending this section] shall apply as of a date specified by the Secretary of Health and Human Services (but in no case later than 1 year after the date of enactment of this Act []) to medicare participation agreements in effect (or entered into) on or after such date.”

, , , provided that:

Pub. L. 108–173Oct. 1, 2004section 932(d) of Pub. L. 108–173 section 1395i–3 of this titleAmendment by section 932(b), (c)(1) of applicable to appeals filed on or after , see , set out as a note under .

Pub. L. 108–173, title IX, § 936(b)Dec. 8, 2003117 Stat. 2412

“(1)

Enrollment process .—

42 U.S.C. 1395cc(j)(1)Dec. 8, 2003The Secretary [of Health and Human Services] shall provide for the establishment of the enrollment process under section 1866(j)(1) of the Social Security Act [], as added by subsection (a)(2), within 6 months after the date of the enactment of this Act [].

“(2)

Consultation .—

42 U.S.C. 1395cc(j)(1)(C)January 1, 2004Section 1866(j)(1)(C) of the Social Security Act [], as added by subsection (a)(2), shall apply with respect to changes in provider enrollment forms made on or after .

“(3)

Hearing rights .—

42 U.S.C. 1395cc(j)(8)Dec. 8, 2003Section 1866(j)(2) [now 1866(j)(8)] of the Social Security Act [], as added by subsection (a)(2), shall apply to denials occurring on or after such date (not later than 1 year after the date of the enactment of this Act []) as the Secretary specifies.”

, , , provided that:

Pub. L. 108–173, title IX, § 947(b)Dec. 8, 2003117 Stat. 2425

July 1, 2004“The amendments made by this [sic] subsection (a) [amending this section] shall apply to hospitals as of .”

, , , provided that:

Effective Date of 2000 Amendment

Pub. L. 106–554Jan. 1, 2001Pub. L. 106–554 section 1395u of this titleAmendment by applicable to services furnished on or after , see section 1(a)(6) [title III, § 313(c)] of , set out as a note under .

Effective Date of 1999 Amendment

Pub. L. 106–113 Pub. L. 105–33 Pub. L. 106–113 section 1395d of this titleAmendment by effective as if included in the enactment of the Balanced Budget Act of 1997, , except as otherwise provided, see section 1000(a)(6) [title III, § 321(m)] of , set out as a note under .

Effective Date of 1997 Amendment

Pub. L. 105–12Apr. 30, 1997Apr. 30, 1997Apr. 30, 1997Apr. 30, 1997section 11 of Pub. L. 105–12 section 14401 of this titleAmendment by effective , and applicable to Federal payments made pursuant to obligations incurred after , for items and services provided on or after such date, subject to also being applicable with respect to contracts entered into, renewed, or extended after , as well as contracts entered into before , to the extent permitted under such contracts, see , set out as an Effective Date note under .

section 4201(c)(1) of Pub. L. 105–33Oct. 1, 1997section 4201(d) of Pub. L. 105–33 section 1395f of this titleAmendment by applicable to services furnished on or after , see , set out as a note under .

section 4302(a) of Pub. L. 105–33Aug. 5, 1997section 4302(c) of Pub. L. 105–33 section 1395u of this titleAmendment by effective , and applicable to the entry and renewal of contracts on or after such date, see , set out as a note under .

section 4321(b) of Pub. L. 105–33Aug. 5, 1997section 4321(d)(2) of Pub. L. 105–33 section 1320b–16 of this titleAmendment by effective as of date specified by Secretary of Health and Human Services in regulations to be issued by Secretary not later than date which is one year after , see , set out as an Effective Date note under .

section 4432(b)(5)(F) of Pub. L. 105–33July 1, 1998section 4432(d) of Pub. L. 105–33 section 1395i–3 of this titleAmendment by applicable to items and services furnished on or after , see , set out as a note under .

section 4511(a)(2)(D) of Pub. L. 105–33Jan. 1, 1998section 4511(e) of Pub. L. 105–33 section 1395k of this titleAmendment by applicable with respect to services furnished and supplies provided on and after , see , set out as a note under .

section 4541(a)(3) of Pub. L. 105–33Jan. 1, 1999section 4541(e) of Pub. L. 105–33lAmendment by applicable to services furnished on or after , see , set out as a note under section 1395 of this title.

Pub. L. 105–33, title IV, § 4641(b)Aug. 5, 1997111 Stat. 487

Aug. 5, 1997“The amendment made by subsection (a) [amending this section] shall apply to provider agreements entered into, renewed, or extended on or after such date (not later than 1 year after the date of the enactment of this Act []) as the Secretary of Health and Human Services specifies.”

, , , provided that:

section 4714(b)(1) of Pub. L. 105–33Aug. 5, 1997section 4714(c) of Pub. L. 105–33 section 1396a of this titleAmendments by applicable to payment for (and with respect to provider agreements with respect to) items and services furnished on or after , see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–432, title I, § 106(b)(2)Oct. 31, 1994108 Stat. 4406

section 1395f of this title Pub. L. 100–203“The amendments made by paragraph (1) [amending this section and ] shall take effect as if included in the enactment of OBRA–1987 [].”

, , , provided that:

section 147(e)(7) of Pub. L. 103–432 Pub. L. 101–508 section 147(g) of Pub. L. 103–432 section 1320a–3a of this titleAmendment by effective as if included in the enactment of , see , set out as a note under .

section 156(a)(2)(E) of Pub. L. 103–432Oct. 31, 1994section 156(a)(3) of Pub. L. 103–432 section 1320c–3 of this titleAmendment by applicable to services provided on or after , see , set out as a note under .

Pub. L. 103–296Mar. 31, 1995section 110(a) of Pub. L. 103–296 section 401 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–508, title IV, § 4008(b)(4)Nov. 5, 1990104 Stat. 1388–44

section 1395dd of this titleNov. 5, 1990“The amendments made by this subsection [amending this section and ] shall apply to actions occurring on or after the first day of the sixth month beginning after the date of the enactment of this Act [].”

, , , provided that:

Pub. L. 101–508, title IV, § 4153(d)(2)Nov. 5, 1990104 Stat. 1388–84 Pub. L. 103–432, title I, § 135(e)(7)Oct. 31, 1994108 Stat. 4424

Pub. L. 101–239“The amendment made by paragraph (1) [amending this section] shall take effect as if included in the enactment of the Omnibus Budget Reconciliation Act of 1989 [].”

, , , as amended by , , , provided that:

section 4157(c)(2) of Pub. L. 101–508Jan. 1, 1991section 4157(d) of Pub. L. 101–508 section 1395k of this titleAmendment by applicable to services furnished on or after , see , set out as a note under .

section 4162(b)(2) of Pub. L. 101–508Oct. 1, 1991section 4162(c) of Pub. L. 101–508 section 1395k of this titleAmendment by applicable with respect to partial hospitalization services provided on or after , see , set out as a note under .

section 4206(a) of Pub. L. 101–508Nov. 5, 1990section 4206(e)(1) of Pub. L. 101–508 section 1395i–3 of this titleAmendment by applicable with respect to services furnished on or after the first day of the first month beginning more than 1 year after , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–239, title VI, § 6018(b)Dec. 19, 1989103 Stat. 2165

Dec. 19, 1989“The amendments made by subsection (a) [amending this section] shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act [], without regard to whether regulations to carry out such amendments have been promulgated by such date.”

, , , provided that:

section 6112(e)(3) of Pub. L. 101–239Jan. 1, 1990section 6112(e)(4) of Pub. L. 101–239 section 1395m of this titleAmendment by applicable with respect to items furnished on or after , see , set out as a note under .

section 101(a) of Pub. L. 101–234Jan. 1, 1990section 101(d) of Pub. L. 101–234 section 1395c of this titleAmendment by effective , see , set out as a note under .

section 201(a) of Pub. L. 101–234Jan. 1, 1990section 201(c) of Pub. L. 101–234 section 1320a–7a of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–485 Pub. L. 100–360 section 608(f)(1) of Pub. L. 100–485Oct. 13, 1988Pub. L. 100–485 section 704 of this titleAmendment by section 608(d)(3)(F), (19)(A) of effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, , and amendment by effective , see section 608(g)(1), (2) of , set out as a note under .

section 104(d)(5) of Pub. L. 100–360Jan. 1, 1989Jan. 1, 1989Jan. 1, 1989section 104(a) of Pub. L. 100–360 section 1395d of this titleAmendment by effective , except as otherwise provided, and applicable to inpatient hospital deductible for 1989 and succeeding years, to care and services furnished on or after , to premiums for January 1989 and succeeding months, and to blood or blood cells furnished on or after , see , set out as a note under .

section 202(h)(1) of Pub. L. 100–360Jan. 1, 1990section 202(m)(1) of Pub. L. 100–360 section 1395u of this titleAmendment by applicable to items dispensed on or after , see , set out as a note under .

section 411 of Pub. L. 100–360 Pub. L. 100–360 Pub. L. 100–203 Pub. L. 100–203 section 411(a) of Pub. L. 100–360 section 106 of Title 1Except as specifically provided in , amendment by section 411(c)(2)(C), (g)(1)(D), (i)(4)(C)(vi), (j)(5) of , as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, , effective as if included in the enactment of that provision in , see , set out as a Reference to OBRA; Effective Date note under , General Provisions.

Pub. L. 100–360, title IV, § 411(c)(2)(A)(ii)July 1, 1988102 Stat. 773

July 1, 1988“The amendment made by clause (i) [amending this section] shall apply to admissions occurring on or after the first day of the fourth month beginning after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1987 Amendment

section 4012(a) of Pub. L. 100–203Apr. 1, 1988section 4012(c) of Pub. L. 100–203 42 U.S.C. 1395mm section 4012(d) of Pub. L. 100–203 section 1395mm of this titleAmendment by applicable to admissions occurring on or after , or, if later, the earliest date the Secretary can provide the information required under [ note] in machine readable form, see , set out as a note under .

section 4062(d)(4) of Pub. L. 100–203Jan. 1, 1989June 1, 1989section 4062(e) of Pub. L. 100–203 section 1395f of this titleAmendment by applicable to covered items (other than oxygen and oxygen equipment) furnished on or after , and to oxygen and oxygen equipment furnished on or after , see , as amended, set out as a note under .

Pub. L. 100–203, title IV, § 4085(i)(17)Dec. 22, 1987101 Stat. 1330–133 Pub. L. 99–509, , , provided that the amendment made by such section 4085(i)(17) is effective as if included in the enactment of .

Pub. L. 100–203, title IV, § 4097(c)Dec. 22, 1987101 Stat. 1330–140

October 1, 1988“The amendments made by this section [amending this section] shall apply with respect to fiscal years beginning on or after .”

, , , provided that:

section 4212(e)(4) of Pub. L. 100–203Oct. 1, 1990section 1396r of this title Pub. L. 100–203 section 1396r of this titleAmendment by applicable to nursing facility services furnished on or after , without regard to whether regulations implementing such amendment are promulgated by such date, except as otherwise specifically provided in , with transitional rule, see section 4214(a), (b)(2) of , as amended, set out as an Effective Date note under .

Pub. L. 100–93Aug. 18, 1987section 15(a) of Pub. L. 100–93 section 1320a–7 of this titleAmendment by effective at end of fourteen-day period beginning , and inapplicable to administrative proceedings commenced before end of such period, see , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–576, title II, § 233(b)Oct. 28, 1986100 Stat. 3265

June 30, 1987“The amendments made by subsection (a) [amending this section] shall apply to inpatient hospital services provided pursuant to admissions to hospitals occurring after .”

, , , provided that:

Pub. L. 99–514 Pub. L. 99–272 section 1895(e) of Pub. L. 99–514 section 162 of Title 26Amendment by effective, except as otherwise provided, as if included in enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985, , see , set out as a note under , Internal Revenue Code.

Pub. L. 99–509, title IX, § 9305(b)(2)Oct. 21, 1986100 Stat. 1989

42 U.S.C. 1395cc(a)(1)(M)Oct. 21, 1986“The Secretary of Health and Human Services shall first prescribe the language required under section 1866(a)(1)(M) of the Social Security Act [] not later than six months after the date of the enactment of this Act []. The requirement of such section shall apply to admissions to hospitals occurring on such date (not later than 60 days after the date such language is first prescribed) as the Secretary shall provide.”

, , , provided that:

section 9320(h)(2) of Pub. L. 99–509Jan. 1, 1989Pub. L. 99–509 section 1395k of this titleAmendment by applicable to services furnished on or after , with exceptions for hospitals located in rural areas which meet certain requirements related to certified registered nurse anesthetists, see section 9320(i), (k) of , as amended, set out as notes under .

Pub. L. 99–509, title IX, § 9332(e)(2)Oct. 21, 1986100 Stat. 2025

42 U.S.C. 1395cc(a)October 1, 1987“The amendment made by paragraph (1) [amending this section] shall apply to agreements under section 1866(a) of the Social Security Act [] as of .”

, , , provided that:

section 9337(c)(2) of Pub. L. 99–509July 1, 1987section 9337(e) of Pub. L. 99–509 section 1395k of this titleAmendment by applicable to expenses incurred for outpatient occupational therapy services furnished on or after , see , set out as a note under .

Pub. L. 99–509June 30, 1987section 9343(h)(4) of Pub. L. 99–509lAmendment by section 9343(c)(2), (3) of applicable to services furnished after , see , as amended, set out as a note under section 1395 of this title.

Pub. L. 99–509, title IX, § 9353(e)(3)(A)Oct. 21, 1986100 Stat. 2049

October 1, 1987“The amendments made by paragraph (1) [amending this section] shall apply to provider agreements as of .”

, , , provided that:

section 9121(a) of Pub. L. 99–272Apr. 7, 1986section 9121(c) of Pub. L. 99–272 section 1395dd of this titleAmendment by effective on first day of first month that begins at least 90 days after , see , set out as a note under .

Pub. L. 99–272, title IX, § 9122(b)Apr. 7, 1986100 Stat. 167 Pub. L. 99–514, title XVIII, § 1895(b)(6)Oct. 22, 1986100 Stat. 2933

January 1, 1987“The amendments made by subsection (a) [amending this section] shall apply to inpatient hospital services provided pursuant to admissions to hospitals occurring on or after .”

, , , as amended by , , , provided that:

Pub. L. 99–272, title IX, § 9402(c)(1)Apr. 7, 1986100 Stat. 200

Apr. 7, 1986“The amendments made by subsection (a) [amending this section] shall become effective on the date of the enactment of this Act [].”

, , , provided that:

section 9403(b) of Pub. L. 99–272Apr. 7, 1986section 9403(c) of Pub. L. 99–272 section 1320c–3 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1984 Amendment

section 2303(f) of Pub. L. 98–369July 1, 1984section 602(k) of Pub. L. 98–21 section 1395y of this title Pub. L. 98–369lAmendment by applicable to clinical diagnostic laboratory tests furnished on or after , but not applicable to clinical diagnostic laboratory tests furnished to inpatients of a provider operating under a waiver granted pursuant to , set out as a note under , see section 2303(j)(1), (3) of , set out as a note under section 1395 of this title.

section 2315(d) of Pub. L. 98–369 Pub. L. 98–21 section 2315(g) of Pub. L. 98–369 section 1395ww of this titleAmendment by effective as though included in the enactment of the Social Security Amendments of 1983, , see , set out as an Effective and Termination Dates of 1984 Amendment note under .

section 2321(c) of Pub. L. 98–369July 18, 1984section 2321(g) of Pub. L. 98–369 section 1395f of this titleAmendment by applicable to items and services furnished on or after , see , set out as a note under .

section 2323(b)(3) of Pub. L. 98–369Sept. 1, 1984section 2323(d) of Pub. L. 98–369lAmendment by applicable to services furnished on or after , see , set out as a note under section 1395 of this title.

section 2335(d) of Pub. L. 98–369July 18, 1984section 2335(g) of Pub. L. 98–369 section 1395f of this titleAmendment by effective , see , set out as a note under .

section 2347(a) of Pub. L. 98–369July 18, 1984section 2347(d) of Pub. L. 98–369 section 1320c–2 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 98–369, div. B, title III, § 2348(b)July 18, 198498 Stat. 1097

July 18, 1984“The amendment made by this section [amending this section] shall apply to terminations issued on or after the date of the enactment of this Act [].”

, , , provided that:

Pub. L. 98–369July 18, 1984section 2354(e)(1) of Pub. L. 98–369 section 1320a–1 of this titleAmendment by section 2354(b)(33), (34) of effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see , set out as a note under .

Effective Date of 1983 Amendment

Pub. L. 98–21, title VI, § 602lApr. 20, 198397 Stat. 166 Pub. L. 98–369, div. B, title III, § 2347(a)(2)July 18, 198498 Stat. 1096Oct. 1, 1984(), , , as amended by , , , provided that the amendment made by that section is effective .

section 602(f)(2) of Pub. L. 98–21Oct. 1, 1983section 604(a)(1) of Pub. L. 98–21 section 1395ww of this titleAmendment by applicable to items and services furnished by or under arrangement with a hospital beginning with its first cost reporting period that begins on or after , any change in a hospital’s cost reporting period made after November 1982 to be recognized for such purposes only if the Secretary finds good cause therefor, see , set out as a note under .

section 602(f)(1)(C) of Pub. L. 98–21Oct. 1, 1983section 604(a)(2) of Pub. L. 98–21 section 1395ww of this titleSubsec. (a)(1)(F) to (H) of this section, as added by , effective , see , set out as a note under .

section 309(a)(5) of Pub. L. 97–448 Pub. L. 97–248 section 309(c)(1) of Pub. L. 97–448 section 426 of this titleAmendment by effective as if originally included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, , to which such amendment relates, see , set out as a note under .

section 309(b)(11) of Pub. L. 97–448 Pub. L. 97–248 section 309(c)(2) of Pub. L. 97–448 section 426–1 of this titleAmendment by effective as if originally included as a part of this section as this section was amended by the Tax Equity and Fiscal Responsibility Act of 1982, , see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–248Nov. 1, 1983section 122(h)(1) of Pub. L. 97–248 section 1395c of this titleAmendment by section 122(g)(5), (6) of applicable to hospice care provided on or after , see , as amended, set out as a note under .

section 128(a)(5) of Pub. L. 97–248 Pub. L. 97–35 section 128(e)(2) of Pub. L. 97–248 section 1395x of this titleAmendment by effective as if originally included as part of this section as this section was amended by the Omnibus Budget Reconciliation Act of 1981, , see , set out as a note under .

section 128(d)(4) of Pub. L. 97–248Sept. 3, 1982section 128(e)(3) of Pub. L. 97–248 section 1395x of this titleAmendment by effective , see , set out as a note under .

section 144 of Pub. L. 97–248Sept. 3, 1982section 149 of Pub. L. 97–248 section 1320c of this titleAmendment by effective with respect to contracts entered into or renewed on or after , see , set out as an Effective Date note under .

Effective Date of 1980 Amendment

Pub. L. 96–611July 1, 1981section 2 of Pub. L. 96–611lAmendment by effective , and applicable to services furnished on or after that date, see , set out as a note under section 1395 of this title.

Effective Date of 1978 Amendment

Pub. L. 95–292June 13, 1978Apr. 1, 1979section 6 of Pub. L. 95–292 section 426 of this titleAmendment by effective with respect to services, supplies, and equipment furnished after the third calendar month beginning after , except that provisions for the implementation of an incentive reimbursement system for dialysis services furnished in facilities and providers to become effective with respect to a facility’s or provider’s first accounting period beginning after the last day of the twelfth month following the month of June 1978, and except that provisions for reimbursement rates for home dialysis to become effective on , see , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–210, § 2(f)Dec. 13, 197791 Stat. 1489

“(1)

42 U.S.C. 1396Dec. 13, 1977 The amendments made by this section [amending this section and sections 1396a, 1396d, and 1396i of this title] shall (except as otherwise provided in paragraph (2)) apply to medical assistance provided, under a State plan approved under title XIX of the Social Security Act [ et seq.], on and after the first day of the first calendar quarter that begins more than six months after the date of enactment of this Act [].

“(2)

42 U.S.C. 1396 42 U.S.C. 1396Dec. 13, 1977 In the case of a State plan for medical assistance under title XIX of the Social Security Act [ et seq.] which the Secretary determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title [ et seq.] solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act [].”

, , , provided that:

section 3(b) of Pub. L. 95–142Oct. 25, 1977section 3(e) of Pub. L. 95–142 section 1320a–3 of this titleAmendment by effective , see , set out as an Effective Date note under .

section 8(b) of Pub. L. 95–142Oct. 25, 1977section 8(e) of Pub. L. 95–142 section 1320a–5 of this titleAmendment by [amending this section] applicable with respect to contracts, agreements, etc., made on and after first day of fourth month beginning after , see , set out as an Effective Date note under .

section 13(b)(3) of Pub. L. 95–142Oct. 25, 1977section 13(c) of Pub. L. 95–142 section 1395y of this titleAmendment by effective , see , set out as a note under .

Pub. L. 95–142, § 15(b)Oct. 25, 197791 Stat. 1200

Oct. 25, 1977“The amendments made by subsection (a) [amending this section] shall apply with respect to agreements entered into or renewed on and after the date of enactment of this Act [].”

, , , provided that:

Effective Date of 1972 Amendment

Pub. L. 92–603Dec. 31, 1972section 223(h) of Pub. L. 92–603 section 1395x of this titleAmendment by section 223(e), (g) of effective with respect to accounting periods beginning after , see , set out as a note under .

section 227(d)(2) of Pub. L. 92–603June 30, 1973section 227(g) of Pub. L. 92–603 section 1395x of this titleAmendment by applicable with respect to accounting periods beginning after , see , set out as a note under .

Pub. L. 92–603, title II, § 249A(e)Oct. 30, 197286 Stat. 1427

section 1396 of this title 42 U.S.C. 1395cc 42 U.S.C. 1395x(j)Oct. 30, 1972“The provisions of this section [enacting and amending this section] shall be effective with respect to agreements filed with the Secretary under section 1866 of the Social Security Act [] by skilled nursing facilities (as defined in section 1861(j) of such Act []) before, on, or after the date of enactment of this Act [], but accepted by him on or after such date.”

, , , provided that:

section 281(c) of Pub. L. 92–603 section 281(g) of Pub. L. 92–603 section 1395gg of this titleAmendment by applicable in the case of notices sent to individuals after 1968, see , set out as a note under .

Effective Date of 1968 Amendment

section 129(c)(12) of Pub. L. 90–248Mar. 31, 1968section 129(d) of Pub. L. 90–248 section 1395d of this titleAmendment by applicable with respect to services furnished after , see , set out as a note under .

section 133(c) of Pub. L. 90–248June 30, 1968section 133(g) of Pub. L. 90–248 section 1395k of this titleAmendment by applicable with respect to services furnished after , see , set out as a note under .

section 135(b) of Pub. L. 90–248Dec. 31, 1967section 135(d) of Pub. L. 90–248 section 1395e of this titleAmendment by applicable with respect to payment for blood (or packed red blood cells) furnished an individual after , see , set out as a note under .

Regulations

Pub. L. 108–173, title V, § 506(c)Dec. 8, 2003117 Stat. 2295

“The Secretary [of Health and Human Services] shall promulgate regulations to carry out the amendments made by subsection (a) [amending this section].”

, , , provided that:

Rule of Construction

section 102 of div. BB of Pub. L. 116–260 42 U.S.C. 1395cc(a)(1)(U)section 102(d)(3) of div. BB of Pub. L. 116–260 section 1621u of Title 25Nothing in to be construed as modifying, reducing, or eliminating the requirements under , see , set out as a note under , Indians.

Disclosure of Medicare Terminated Providers and Suppliers to States

Pub. L. 111–148, title VI, § 6401(b)(2)Mar. 23, 2010124 Stat. 752

42 U.S.C. 1396 42 U.S.C. 1397aa 42 U.S.C. 1395Mar. 23, 2010“The Administrator of the Centers for Medicare & Medicaid Services shall establish a process for making available to the each [sic] State agency with responsibility for administering a State Medicaid plan (or a waiver of such plan) under title XIX of the Social Security Act [ et seq.] or a child health plan under title XXI [ et seq.] the name, national provider identifier, and other identifying information for any provider of medical or other items or services or supplier under the Medicare program under title XVIII [ et seq.] or under the CHIP program under title XXI that is terminated from participation under that program within 30 days of the termination (and, with respect to all such providers or suppliers who are terminated from the Medicare program on the date of enactment of this Act [], within 90 days of such date).”

, , , provided that:

Office of the Inspector General Report on Compliance With and Enforcement of National Standards on Culturally and Linguistically Appropriate Services (CLAS) in Medicare

Pub. L. 110–275, title I, § 187July 15, 2008122 Stat. 2588

“(a)

Report .—

July 15, 2008Not later than two years after the date of the enactment of this Act [], the Inspector General of the Department of Health and Human Services shall prepare and publish a report on—

“(1)

the extent to which Medicare providers and plans are complying with the Office for Civil Rights’ Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons and the Office of Minority Health’s Culturally and Linguistically Appropriate Services Standards in health care; and

“(2)

a description of the costs associated with or savings related to the provision of language services.

Such report shall include recommendations on improving compliance with CLAS Standards and recommendations on improving enforcement of CLAS Standards.

“(b)

Implementation .—

Not later than one year after the date of publication of the report under subsection (a), the Department of Health and Human Services shall implement changes responsive to any deficiencies identified in the report.”

, , , provided that:

GAO Study and Report on the Propagation of Concierge Care

Pub. L. 108–173, title VI, § 650Dec. 8, 2003117 Stat. 2331

“(a)

Study.—

“(1)

In general .—

The Comptroller General of the United States shall conduct a study on concierge care (as defined in paragraph (2)) to determine the extent to which such care—

“(A)

42 U.S.C. 1395a(b)(5)(A) is used by medicare beneficiaries (as defined in section 1802(b)(5)(A) of the Social Security Act ()); and

“(B)

42 U.S.C. 1395 has impacted upon the access of medicare beneficiaries (as so defined) to items and services for which reimbursement is provided under the medicare program under title XVIII of the Social Security Act ( et seq.).

“(2)

Concierge care .—

42 U.S.C. 1395u(b)(18)(C)In this section, the term ‘concierge care’ means an arrangement under which, as a prerequisite for the provision of a health care item or service to an individual, a physician, practitioner (as described in section 1842(b)(18)(C) of the Social Security Act ()), or other individual—

“(A)

charges a membership fee or another incidental fee to an individual desiring to receive the health care item or service from such physician, practitioner, or other individual; or

“(B)

requires the individual desiring to receive the health care item or service from such physician, practitioner, or other individual to purchase an item or service.

“(b)

Report .—

Dec. 8, 2003Not later than the date that is 12 months after the date of enactment of this Act [], the Comptroller General of the United States shall submit to Congress a report on the study conducted under subsection (a)(1) together with such recommendations for legislative or administrative action as the Comptroller General determines to be appropriate.”

, , , provided that:

Effect on State Law

Pub. L. 101–508, title IV, § 4206(c)Nov. 5, 1990104 Stat. 1388–116

l“Nothing in subsections (a) and (b) [amending this section and sections 1395 and 1395mm of this title] shall be construed to prohibit the application of a State law which allows for an objection on the basis of conscience for any health care provider or any agent of such provider which, as a matter of conscience, cannot implement an advance directive.”

, , , provided that:

Reports to Congress on Number of Hospitals Terminating or Not Renewing Provider Agreements

Pub. L. 99–576, title II, § 233(c)Oct. 28, 1986100 Stat. 3265

“(1)

42 U.S.C. 1395cc The Secretary of Health and Human Services shall periodically submit to the Congress a report on the number of hospitals that have terminated or failed to renew an agreement under section 1866 of the Social Security Act [] as a result of the additional conditions imposed under the amendments made by subsection (a) [amending this section].

“(2)

October 1, 1987 Not later than , the Administrator of Veterans’ Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding implementation of this section [amending this section]. Thereafter, the Administrator shall notify such committees if any hospital terminates or fails to renew an agreement described in paragraph (1) for the reasons described in that paragraph.”

, , , provided that:

May 15, 200042 U.S.C. 1395cc section 3003 of Pub. L. 104–66 section 1113 of Title 31[For termination, effective , of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which item 7 on page 96 identifies a report on “Hospitals that have terminated or failed to renew an agreement under section 1866 of Social Security Act as a result of the additional conditions imposed” authorized by note), see , as amended, set out as a note under , Money and Finance.]

Pub. L. 99–272, title IX, § 9122(d)Apr. 7, 1986100 Stat. 167

42 U.S.C. 1395cc“The Secretary of Health and Human Services shall report to Congress periodically on the number of hospitals that have terminated or failed to renew an agreement under section 1866 of the Social Security Act [] as a result of the additional conditions imposed under the amendments made by subsection (a) [amending this section].”

, , , provided that:

Delay in Implementation of Requirement That Hospitals Maintain Agreements With Utilization and Quality Control Peer Review Organization

Pub. L. 98–369, div. B, title III, § 2347(b)July 18, 198498 Stat. 1096

section 604(a)(2) of Pub. L. 98–21 section 1395ww of this title 42 U.S.C. 1395cc(a)(1)(F)November 15, 1984“Notwithstanding section 604(a)(2) of the Social Security Amendments of 1983 [, set out as an Effective Date of 1983 Amendment note under ], the requirement that a hospital maintain an agreement with a utilization and quality control peer review [now “quality improvement”] organization, as contained in section 1866(a)(1)(F) of the Social Security Act [], shall become effective on .”

, , , provided that:

Interim Waiver in Certain Cases of Billing Rule for Items and Services Other Than Physicians’ Services

Oct. 1, 1986section 602(k) of Pub. L. 98–21 section 1395y of this titleFor authority to waive the requirements of subsec. (a)(1)(H) of this section for any cost period prior to , where immediate compliance would threaten the stability of patient care, see , set out as a note under .

Private Sector Review Initiative

Pub. L. 97–248, title I, § 119Sept. 3, 198296 Stat. 355

“(a)

42 U.S.C. 1395 The Secretary of Health and Human Services shall undertake an initiative to improve medical review by intermediaries and carriers under title XVIII of the Social Security Act [ et seq.] and to encourage similar review efforts by private insurers and other private entities. The initiative shall include the development of specific standards for measuring the performance of such intermediaries and carriers with respect to the identification and reduction of unnecessary utilization of health services.

“(b)

42 U.S.C. 1395 42 U.S.C. 1395cc Where such review activity results in the denial of payment to providers of services under title XVIII of the Social Security Act [ et seq.], such providers shall be prohibited, in accordance with sections 1866 and 1879 of such title [, 1395pp], from collecting any payments from beneficiaries unless otherwise provided under such title.”

, , , provided that:

Oct. 30, 1972Dec. 31, 1973Agreements Filed and Accepted Prior to , Deemed To Be for Specified Term Ending

Pub. L. 92–603, title II, § 249A(f)Oct. 30, 197286 Stat. 1427

42 U.S.C. 1395x(j)42 U.S.C. 1395ccOct. 30, 1972December 31, 1973“Notwithstanding any other provision of law, any agreement, filed by a skilled nursing facility (as defined in section 1861(j) of the Social Security Act []) with the Secretary under section 1866 of such Act [] and accepted by him prior to the date of enactment of this Act [], which was in effect on such date shall be deemed to be for a specified term ending on .”

, , , provided that: