Criteria; amount of payments
The Secretary shall by regulation determine criteria for distinguishing those services (including inpatient and outpatient services) rendered in hospitals or skilled nursing facilities—
which constitute professional medical services, which are personally rendered for an individual patient by a physician and which contribute to the diagnosis or treatment of an individual patient, and which may be reimbursed as physicians’ services under part B, and
section 1395ww of this title which constitute professional services which are rendered for the general benefit to patients in a hospital or skilled nursing facility and which may be reimbursed only on a reasonable cost basis or on the bases described in .
For purposes of cost reimbursement, the Secretary shall recognize as a reasonable cost of a hospital or skilled nursing facility only that portion of the costs attributable to services rendered by a physician in such hospital or facility which are services described in paragraph (1)(B), apportioned on the basis of the amount of time actually spent by such physician rendering such services.
In determining the amount of the payments which may be made with respect to services described in paragraph (1)(B), after apportioning costs as required by subparagraph (A), the Secretary may not recognize as reasonable (in the efficient delivery of health services) such portion of the provider’s costs for such services to the extent that such costs exceed the reasonable compensation equivalent for such services. The reasonable compensation equivalent for any service shall be established by the Secretary in regulations.
The Secretary may, upon a showing by a hospital or facility that it is unable to recruit or maintain an adequate number of physicians for the hospital or facility on account of the reimbursement limits established under this subsection, grant exceptions to such reimbursement limits as may be necessary to allow such provider to provide a compensation level sufficient to provide adequate physician services in such hospital or facility.
Prohibition of recognition of payments under certain percentage agreements
Except as provided in paragraph (2), in the case of a provider of services which is paid under this subchapter on a reasonable cost basis, or other basis related to costs that are reasonable, and which has entered into a contract for the purpose of having services furnished for or on behalf of it, the Secretary may not include any cost incurred by the provider under the contract if the amount payable under the contract by the provider for that cost is determined on the basis of a percentage (or other proportion) of the provider’s charges, revenues, or claim for reimbursement.
Paragraph (1) shall not apply—
to services furnished by a physician and described in subsection (a)(1)(B) and covered by regulations in effect under subsection (a), and
under regulations established by the Secretary, where the amount involved under the percentage contract is reasonable and the contract—
is a customary commercial business practice, or
provides incentives for the efficient and economical operation of the provider of services.
Aug. 14, 1935, ch. 531Pub. L. 97–248, title I96 Stat. 337Pub. L. 98–21, title VI, § 602(j)97 Stat. 165(, title XVIII, § 1887, as added and amended , §§ 108(a)[(1)], 109(a), , , 338; , , .)
Editorial Notes
Amendments
Pub. L. 98–21section 1395ww of this title1983—Subsec. (a)(1)(B). inserted “or on the bases described in ”.
Pub. L. 97–248, § 109(a)(2)1982—Subsec. (b). , added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1983 Amendment
Pub. L. 98–21section 604(a)(1) of Pub. L. 98–21section 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 .
Effective Date of 1982 Amendment
Pub. L. 97–248, title I, § 109(c)(1)96 Stat. 339
section 1395x of this title42 U.S.C. 1395xx(b)(1)42 U.S.C. 1395xx(a)(1)(B) The amendments made by this section [amending this section and ] shall become effective on the date of the enactment of this Act [], except that section 1887(b)(1) of the Social Security Act [] shall not apply before , to services furnished by a physician and described in section 1887(a)(1)(B) of such Act [].
In the case of a contract with a provider of services entered into prior to the date of the enactment of this Act [], the amendment made by subsection (a) [amending this section] shall apply to payments under such contract (A) 30 days after the first date (after such date of enactment) the provider of services may unilaterally terminate the contract, or (B) one year after the date of the enactment of this Act, whichever is earlier.”
Effective Date of Regulations
Pub. L. 97–248, title I, § 108(b)96 Stat. 338Pub. L. 97–448, title III, § 309(a)(3)96 Stat. 2408
42 U.S.C. 1395xx(a)42 U.S.C. 1395“The Secretary of Health and Human Services shall first promulgate regulations to carry out section 1887(a) of the Social Security Act [] not later than . Such regulations shall become effective on , and shall be effective with respect to cost reporting periods ending after , but in the case of any cost reporting period beginning before , any reduction in payments under title XVIII of the Social Security Act [ et seq.] to a hospital or skilled nursing facility resulting from such regulations shall be imposed only in proportion to the part of the period which occurs after .”
, formerly § 108(c), , , as redesignated by , , , provided that: