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Lymphedema Treatment Act (House of Representatives, 117th Congress, July 22, 2022)

Summary

Part 1 of Report 117-430 of the 117th Congress, 2d Session, dated July 22, 2022, in which Mr. Pallone reports for the Committee on Energy and Commerce on H.R. 3630, the Lymphedema Treatment Act. The bill would amend title XVIII of the Social Security Act to provide coverage of certain lymphedema compression treatment items under the Medicare program, and the committee reports it favorably with an amendment. The contents run from purpose and summary through performance goals, and the closing text shown includes a ground ambulance data collection system study in which the Medicare Payment Advisory Commission assesses and reports to Congress on information submitted by providers and suppliers.

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“Lymphedema Treatment Act (House of Representatives, 117th Congress, July 22, 2022).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt430-crpt-117hrpt430-pt1/, SHA-256 d6f8893bb65e3b1fbec4699291bcc417c0123bd0f53280d1be7c1ec1a8d21995.

Full text

                                                                               117TH CONGRESS                                                                                   REPT. 117–430
                                                                                              " HOUSE OF REPRESENTATIVES                                                    !
                                                                                  2d Session                                                                                       Part 1




                                                                                                          LYMPHEDEMA TREATMENT ACT



                                                                                   JULY 22, 2022.—Committed to the Committee of the Whole House on the State of
                                                                                                      the Union and ordered to be printed




                                                                                     Mr. PALLONE, from the Committee on Energy and Commerce,
                                                                                                      submitted the following


                                                                                                                            R E P O R T
                                                                                                                         [To accompany H.R. 3630]

                                                                                 The Committee on Energy and Commerce, to whom was referred
                                                                               the bill (H.R. 3630) to amend title XVIII of the Social Security Act
                                                                               to provide for coverage of certain lymphedema compression treat-
                                                                               ment items under the Medicare program, having considered the
                                                                               same, reports favorably thereon with an amendment and rec-
                                                                               ommends that the bill as amended do pass.
                                                                                                                                   CONTENTS
                                                                                                                                                                                                    Page
                                                                                   I. Purpose and Summary ..................................................................................          3
                                                                                  II. Background and Need for the Legislation ...................................................                     3
                                                                                III. Committee Hearings ......................................................................................        4
                                                                                 IV. Committee Consideration ..............................................................................           4
                                                                                  V. Committee Votes ............................................................................................     4
                                                                                 VI. Oversight Findings ........................................................................................      5
                                                                                VII. New Budget Authority, Entitlement Authority, and Tax Expenditures                                                5
                                                                               VIII. Federal Mandates Statement .......................................................................               5
                                                                                 IX. Statement of General Performance Goals and Objectives ..........................                                 5
                                                                                  X. Duplication of Federal Programs ..................................................................               5
                                                                                 XI. Committee Cost Estimate .............................................................................            5
                                                                                XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ..................                                   5
                                                                               XIII. Advisory Committee Statement ....................................................................                6
                                                                               XIV. Applicability to Legislative Branch ..............................................................                6
                                                                                XV. Section-by-Section Analysis of the Legislation ............................................                       6
                                                                               XVI. Changes in Existing Law Made by the Bill, as Reported ...........................                                 6
                                                                                   The amendment is as follows:
                                                                                   Strike all after the enacting clause and insert the following:
                                                                               SECTION 1. SHORT TITLE.
                                                                                   This Act may be cited as the ‘‘Lymphedema Treatment Act’’.
                                                                               SEC. 2. MEDICARE COVERAGE OF CERTAIN LYMPHEDEMA COMPRESSION TREATMENT ITEMS.
                                                                                   (a) COVERAGE.—




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                                                                                        (1) IN GENERAL.—Section 1861 of the Social Security Act (42 U.S.C. 1395x)
                                                                                     is amended—
                                                                                               (A) in subsection (s)(2)—
                                                                                                     (i) in subparagraph (GG), by striking ‘‘and’’ after the semicolon at the
                                                                                                  end;
                                                                                                     (ii) in subparagraph (HH), by striking the period at the end and in-
                                                                                                  serting ‘‘; and’’; and
                                                                                                     (iii) by adding at the end the following new subparagraph:
                                                                                        ‘‘(II) lymphedema compression treatment items (as defined in subsection
                                                                                     (lll));’’; and
                                                                                               (B) by adding at the end the following new subsection:
                                                                                 ‘‘(lll) LYMPHEDEMA COMPRESSION TREATMENT ITEMS.—The term ‘lymphedema
                                                                               compression treatment items’ means standard and custom fitted gradient compres-
                                                                               sion garments and other items determined by the Secretary that are—
                                                                                        ‘‘(1) furnished on or after January 1, 2024, to an individual with a diagnosis
                                                                                     of lymphedema for the treatment of such condition;
                                                                                        ‘‘(2) primarily and customarily used to serve a medical purpose and for the
                                                                                     treatment of lymphedema, as determined by the Secretary; and
                                                                                        ‘‘(3) prescribed by a physician (or a physician assistant, nurse practitioner, or
                                                                                     a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) to
                                                                                     the extent authorized under State law).’’.
                                                                                        (2) PAYMENT.—
                                                                                               (A) IN GENERAL.—Section 1833(a)(1) of the Social Security Act (42 U.S.C.
                                                                                            1395l(a)(1)) is amended—
                                                                                                     (i) by striking ‘‘and’’ before ‘‘(DD)’’; and
                                                                                                     (ii) by inserting before the semicolon at the end the following: ‘‘and
                                                                                                  (EE) with respect to lymphedema compression treatment items (as de-
                                                                                                  fined in section 1861(lll)), the amount paid shall be equal to 80 percent
                                                                                                  of the lesser of the actual charge or the amount determined under the
                                                                                                  payment basis determined under section 1834(z)’’.
                                                                                               (B) PAYMENT BASIS AND LIMITATIONS.—Section 1834 of the Social Security
                                                                                            Act (42 U.S.C. 1395m) is amended by adding at the end the following new
                                                                                            subsection:
                                                                                 ‘‘(z) PAYMENT FOR LYMPHEDEMA COMPRESSION TREATMENT ITEMS.—
                                                                                        ‘‘(1) IN GENERAL.—The Secretary shall determine an appropriate payment
                                                                                     basis for lymphedema compression treatment items (as defined in section
                                                                                     1861(lll)). In making such a determination, the Secretary may take into account
                                                                                     payment rates for such items under State plans (or waivers of such plans)
                                                                                     under title XIX, the Veterans Health Administration, and group health plans
                                                                                     and health insurance coverage (as such terms are defined in section 2791 of the
                                                                                     Public Health Service Act), and such other information as the Secretary deter-
                                                                                     mines appropriate.
                                                                                        ‘‘(2) FREQUENCY LIMITATION.—No payment may be made under this part for
                                                                                     lymphedema compression treatment items furnished other than at such fre-
                                                                                     quency as the Secretary may establish.
                                                                                        ‘‘(3) APPLICATION OF COMPETITIVE ACQUISITION.—In the case of lymphedema
                                                                                     compression treatment items that are included in a competitive acquisition pro-
                                                                                     gram in a competitive acquisition area under section 1847(a)—
                                                                                               ‘‘(A) the payment basis under this subsection for such items furnished in
                                                                                            such area shall be the payment basis determined under such competitive
                                                                                            acquisition program; and
                                                                                               ‘‘(B) the Secretary may use information on the payment determined
                                                                                            under such competitive acquisition programs to adjust the payment amount
                                                                                            otherwise determined under this subsection for an area that is not a com-
                                                                                            petitive acquisition area under section 1847, and in the case of such adjust-
                                                                                            ment, paragraphs (8) and (9) of section 1842(b) shall not be applied.’’.
                                                                                        (3) CONFORMING AMENDMENT.—Section 1847(a)(2) of the Social Security Act
                                                                                     (42 U.S.C. 1395w–3(a)(2)) is amended by adding at the end the following new
                                                                                     subparagraph:
                                                                                               ‘‘(D) LYMPHEDEMA COMPRESSION TREATMENT ITEMS.—Lymphedema com-
                                                                                            pression treatment items (as defined in section 1861(lll)) for which payment
                                                                                            would otherwise be made under section 1834(z).’’.
                                                                                 (b) INCLUSION IN REQUIREMENTS FOR SUPPLIERS OF MEDICAL EQUIPMENT AND
                                                                               SUPPLIES.—Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended—
                                                                                        (1) in subsection (a)(20)(D), by adding at the end the following new clause:
                                                                                                     ‘‘(iv) Lymphedema compression treatment items (as defined in section




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                                                                                                  1861(lll)).’’.
                                                                                        (2) in subsection (j)(5)—




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                                                                                           (A) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and
                                                                                         (G), respectively; and
                                                                                           (B) by inserting after subparagraph (D) the following new subparagraph:
                                                                                           ‘‘(E) lymphedema compression treatment items (as defined in section
                                                                                         1861(lll));’’.

                                                                                                              I. PURPOSE AND SUMMARY
                                                                                  H.R. 3630, the ‘‘Lymphedema Treatment Act,’’ would provide for
                                                                               Medicare coverage of lymphedema compression treatment items
                                                                               such as standard and custom fitted gradient compression garments
                                                                               or other items determined necessary by the Secretary of the De-
                                                                               partment of Health and Human Services (HHS). Lymphedema com-
                                                                               pression treatment items would be covered under Medicare begin-
                                                                               ning January 1, 2024, for beneficiaries with a diagnosis of
                                                                               lymphedema. Such items must be primarily and customarily used
                                                                               for the treatment of lymphedema and prescribed by a physician,
                                                                               physician assistant, nurse practitioner, or clinical nurse specialist.
                                                                                  Lymphedema occurs when the body can not properly drain lymph
                                                                               fluid. It is commonly caused by cancer treatments that remove or
                                                                               damage the lymph nodes and can be effectively treated with com-
                                                                               pression therapy.
                                                                                                 II. BACKGROUND AND NEED FOR LEGISLATION
                                                                                  Lymphedema is a buildup of lymph fluid that leads to swelling
                                                                               in various parts of the body, typically the arms or legs.1
                                                                               Lymphedema can be a congenital condition caused by improper de-
                                                                               velopment of the lymphatic system but is more likely a secondary
                                                                               condition resulting from damage to the lymphatic system.2 For ex-
                                                                               ample, lymphedema is commonly caused by cancer or cancer re-
                                                                               lated treatments. It is estimated that secondary lymphedema im-
                                                                               pacts 1 in 1,000 Americans and is most common in women who
                                                                               have been treated for breast cancer.3 While damage to the lymph
                                                                               system cannot be repaired, compression therapy is a recommended
                                                                               treatment to manage lymphedema.4 Items such as compression
                                                                               pumps and compression garments apply controlled amounts of
                                                                               pressure to reduce swelling. Untreated lymphedema can lead to in-
                                                                               creased risk of hospitalization and life-threatening complications
                                                                               such as skin infections or sepsis.5
                                                                                  Medicare Part B covers pneumatic compression devices (i.e. com-
                                                                               pression pumps) under the durable medical equipment (DME) ben-
                                                                               efit category.6 However, compression garments are not covered
                                                                               under the DME benefit category since they do not meet the criteria
                                                                               to be considered DME.7 In some instances Medicare may cover
                                                                               compression garments under the surgical dressings benefit cat-
                                                                                  1 Centers for Disease Control and Prevention, Lymphedema (www.cdc.gov/cancer/survivors/pa-
                                                                               tients/lymphedema.htm) (accessed July 18, 2022).
                                                                                  2 Mayo   Clinic, Lymphedema (Sept. 18, 2021) (www.mayoclinic.org/diseases-conditions/
                                                                               lymphedema/symptoms-causes/syc-20374682).
                                                                                  3 Cleveland   Clinic, Lymphedema (my.clevelandclinic.org/health/diseases/8353-lymphedema)
                                                                               (accessed July 18, 2022).
                                                                                  4 National Cancer Institute, Lymphedema PDQ—Patient Version (www.cancer.gov/about-can-
                                                                               cer/treatment/side-effects/lymphedema/lymphedema-pdq) (accessed July 18, 2022).
                                                                                  5 Mayo Clinic, Lymphedema: Symptoms and Causes (Sept. 18, 2021) (www.mayoclinic.org/dis-
                                                                               eases-conditions/lymphedema/symptoms-causes/syc-20374682).
                                                                                  6 Medicare Coverage Database, National Coverage Determination: Pneumatic Compression De-
                                                                               vices (Jan. 14, 2002) (www.cms.gov/medicare-coverage-database/view/ncd.aspx?NCDId=225).




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                                                                                  7 Medicare.gov, Durable Medical Equipment Coverage (www.medicare.gov/coverage/durable-
                                                                               medical-equipment-dme-coverage) (accessed July 18, 2022).




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                                                                               egory when the use of the garment is directly related to treatment
                                                                               of a wound, such as in the case of a burn or venous ulcer. However,
                                                                               compression garments for the treatment of lymphedema do not
                                                                               meet the definition of any existing Medicare benefit category;
                                                                               therefore, legislative action is necessary to cover them.
                                                                                  Comprehensive coverage of lymphedema compression treatment
                                                                               items could both improve health outcomes and reduce Medicare
                                                                               spending. A review of a mandate to cover compression items in Vir-
                                                                               ginia found that improved coverage resulted in lower medical costs
                                                                               and fewer hospitalizations.8 A third party analysis estimates ap-
                                                                               proximately $127 million in potential annual savings to Medicare
                                                                               resulting from a reduction in hospitalizations for beneficiaries who
                                                                               manage their lymphedema with compression treatment items.9
                                                                                  H.R. 3630, the ‘‘Lymphedema Treatment Act,’’ would close the
                                                                               gap in coverage for lymphedema treatment and provide Medicare
                                                                               coverage of medically necessary, prescribed lymphedema compres-
                                                                               sion treatment items such as standard and custom fitted gradient
                                                                               compression garments or other items determined necessary by the
                                                                               Secretary.
                                                                                                              III. COMMITTEE HEARINGS
                                                                                 The Committee on Energy and Commerce did not hold a hearing
                                                                               on H.R. 3630.
                                                                                                           IV. COMMITTEE CONSIDERATION
                                                                                 H.R. 3630, the ‘‘Lymphedema Treatment Act,’’ introduced by
                                                                               Representatives Janice D. Schakowsky (D–IL), Earl ‘‘Buddy’’ Carter
                                                                               (R–GA), and 146 original bipartisan cosponsors, and was referred
                                                                               to the Committee on Energy and Commerce. Subsequently, on May
                                                                               31, 2021, the bill was referred to the Subcommittee on Health.
                                                                                 On July 12, 2022, the Subcommittee on Health discharged con-
                                                                               sideration of the bill. On July 13, 2022, the full Committee met in
                                                                               open markup session, pursuant to notice, to consider H.R. 3630 and
                                                                               four other bills. During consideration of the bill, an amendment in
                                                                               the nature of a substitute (AINS), offered by Representative Scha-
                                                                               kowsky, was agreed to by a voice vote. Upon conclusion of consider-
                                                                               ation of the bill, the full Committee agreed to a motion on final
                                                                               passage offered by Representative Pallone, Chairman of the Com-
                                                                               mittee, to order H.R. 3630 reported favorably to the House, amend-
                                                                               ed, by a voice vote.
                                                                                                                 V. COMMITTEE VOTES
                                                                                  Clause 3(b) of rule XIII of the Rules of the House of Representa-
                                                                               tives requires the Committee to list each record vote on the motion
                                                                               to report legislation and amendments thereto. The Committee ad-
                                                                               vises that there were no record votes taken on H.R. 3630, including
                                                                               a motion by Mr. Pallone ordering H.R. 3630 favorably reported to
                                                                               the House, amended.
                                                                                 8 Robert Weiss, Cost of a Lymphedema Treatment Mandate—10 Years of Experience in the
                                                                               Commonwealth of Virginia, Health Economics Review (Sept. 2, 2016).
                                                                                 9 Avalere Health, One-Year Savings on Insurance Coverage of Lymphedema Compression




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                                                                               Treatment Items (2021) (lymphedematreatmentact.org/wp-content/uploads/2021/07/Lymphedema-
                                                                               Treatment-Act-Savings-Estimate.pdf).




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                                                                                                                VI. OVERSIGHT FINDINGS
                                                                                 Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) of rule
                                                                               X of the Rules of the House of Representatives, the oversight find-
                                                                               ings and recommendations of the Committee are reflected in the
                                                                               descriptive portion of the report.
                                                                                   VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX
                                                                                                        EXPENDITURES
                                                                                 Pursuant to 3(c)(2) of rule XIII of the Rules of the House of Rep-
                                                                               resentatives, the Committee adopts as its own the estimate of new
                                                                               budget authority, entitlement authority, or tax expenditures or rev-
                                                                               enues contained in the cost estimate prepared by the Director of
                                                                               the Congressional Budget Office pursuant to section 402 of the
                                                                               Congressional Budget Act of 1974.
                                                                                 The Committee has requested but not received from the Director
                                                                               of the Congressional Budget Office a statement as to whether this
                                                                               bill contains any new budget authority, spending authority, credit
                                                                               authority, or an increase or decrease in revenues or tax expendi-
                                                                               tures.
                                                                                                      VIII. FEDERAL MANDATES STATEMENT
                                                                                 The Committee adopts as its own the estimate of Federal man-
                                                                               dates prepared by the Director of the Congressional Budget Office
                                                                               pursuant to section 423 of the Unfunded Mandates Reform Act.
                                                                               IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
                                                                                  Pursuant to clause 3(c)(4) of rule XIII, the general performance
                                                                               goal or objective of this legislation is to increase Medicare bene-
                                                                               ficiaries’ access to compression garments for the treatment of
                                                                               lymphedema.
                                                                                                     X. DUPLICATION OF FEDERAL PROGRAMS
                                                                                 Pursuant to clause 3(c)(5) of rule XIII, no provision of H.R. 3630
                                                                               is known to be duplicative of another Federal program, including
                                                                               any program that was included in a report to Congress pursuant
                                                                               to section 21 of Public Law 111–139 or the most recent Catalog of
                                                                               Federal Domestic Assistance.
                                                                                                            XI. COMMITTEE COST ESTIMATE
                                                                                  Pursuant to clause 3(d)(1) of rule XIII, the Committee adopts as
                                                                               its own the cost estimate prepared by the Director of the Congres-
                                                                               sional Budget Office pursuant to section 402 of the Congressional
                                                                               Budget Act of 1974.
                                                                                      XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
                                                                                                             BENEFITS
                                                                                  Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the Committee
                                                                               finds that H.R. 3630 contains no earmarks, limited tax benefits, or
                                                                               limited tariff benefits.




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                                                                                                    XIII. ADVISORY COMMITTEE STATEMENT
                                                                                 No advisory committee within the meaning of section 5(b) of the
                                                                               Federal Advisory Committee Act was created by this legislation.
                                                                                                 XIV. APPLICABILITY TO LEGISLATIVE BRANCH
                                                                                 The Committee finds that the legislation does not relate to the
                                                                               terms and conditions of employment or access to public services or
                                                                               accommodations within the meaning of section 102(b)(3) of the Con-
                                                                               gressional Accountability Act.
                                                                                        XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
                                                                               Section 1. Short title
                                                                                  Section 1 designates that the short title may be cited as the
                                                                               ‘‘Lymphedema Treatment Act.’’
                                                                               Sec. 2. Medicare coverage of certain lymphedema compression treat-
                                                                                    ment items
                                                                                  Section 2 amends section 1861(s)(2) of the Social Security Act to
                                                                               create a new Medicare benefit category for ‘‘lymphedema compres-
                                                                               sion treatment items.’’ This section defines lymphedema compres-
                                                                               sion treatment items as ‘‘standard and custom fitted gradient com-
                                                                               pression garments and other items determined by the Secretary’’
                                                                               that are (1) furnished on or after January 1, 2024, to an individual
                                                                               with a diagnosis of lymphedema for the treatment of such condi-
                                                                               tion; (2) primarily and customarily used to serve a medical purpose
                                                                               and for the treatment of lymphedema, as determined by the Sec-
                                                                               retary; and (3) prescribed by a physician (or a physician assistant,
                                                                               nurse practitioner, or a clinical nurse specialist to the extent au-
                                                                               thorized under state law). This section amends section 1834 of the
                                                                               Social Security Act to require the Secretary to establish a payment
                                                                               methodology for lymphedema compression treatment items taking
                                                                               into account payment rates for such items under Medicaid, the Vet-
                                                                               erans Health Administration, commercial insurance, and such
                                                                               other information as the Secretary determines appropriate. This
                                                                               section also provides the Secretary with the authority to include
                                                                               such items in a competitive acquisition program.
                                                                                   XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
                                                                                 In compliance with clause 3(e) of rule XIII of the Rules of the
                                                                               House of Representatives, changes in existing law made by the bill,
                                                                               as reported, are shown as follows (existing law proposed to be omit-
                                                                               ted is enclosed in black brackets, new matter is printed in italics,
                                                                               and existing law in which no change is proposed is shown in
                                                                               roman):

                                                                                                             SOCIAL SECURITY ACT

                                                                                          *            *           *              *           *          *           *
                                                                                   TITLE XVIII—HEALTH INSURANCE FOR THE AGED AND
                                                                                                      DISABLED




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                                                                                          *            *           *              *           *          *           *




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                                                                                   PART B—SUPPLEMENTARY MEDICAL INSURANCE BENEFITS FOR THE
                                                                                                     AGED AND DISABLED
                                                                                           *            *           *              *           *          *           *
                                                                                                                  PAYMENT OF BENEFITS

                                                                                  SEC. 1833. (a) Except as provided in section 1876, and subject to
                                                                               the succeeding provisions of this section, there shall be paid from
                                                                               the Federal Supplementary Medical Insurance Trust Fund, in the
                                                                               case of each individual who is covered under the insurance pro-
                                                                               gram established by this part and incurs expenses for services with
                                                                               respect to which benefits are payable under this part, amounts
                                                                               equal to—(1) in the case of services described in section
                                                                               1832(a)(1)—80 percent of the reasonable charges for the services;
                                                                               except that (A) an organization which provides medical and other
                                                                               health services (or arranges for their availability) on a prepayment
                                                                               basis (and either is sponsored by a union or employer, or does not
                                                                               provide, or arrange for the provision of, any inpatient hospital serv-
                                                                               ices) may elect to be paid 80 percent of the reasonable cost of serv-
                                                                               ices for which payment may be made under this part on behalf of
                                                                               individuals enrolled in such organization in lieu of 80 percent of
                                                                               the reasonable charges for such services if the organization under-
                                                                               takes to charge such individuals no more than 20 percent of such
                                                                               reasonable cost plus any amounts payable by them as a result of
                                                                               subsection (b), (B) with respect to items and services described in
                                                                               section 1861(s)(10)(A), the amounts paid shall be 100 percent of the
                                                                               reasonable charges for such items and services, (C) with respect to
                                                                               expenses incurred for those physicians’ services for which payment
                                                                               may be made under this part that are described in section
                                                                               1862(a)(4), the amounts paid shall be subject to such limitations as
                                                                               may be prescribed by regulations, (D) with respect to clinical diag-
                                                                               nostic laboratory tests for which payment is made under this part
                                                                               (i)(I) on the basis of a fee schedule under subsection (h)(1) (for tests
                                                                               furnished before January 1, 2017) or section 1834(d)(1), the amount
                                                                               paid shall be equal to 80 percent (or 100 percent, in the case of
                                                                               such tests for which payment is made on an assignment-related
                                                                               basis) of the lesser of the amount determined under such fee sched-
                                                                               ule, the limitation amount for that test determined under sub-
                                                                               section (h)(4)(B), or the amount of the charges billed for the tests,
                                                                               or (II) under section 1834A (for tests furnished on or after
                                                                               January1, 2017), the amount paid shall be equal to 80 percent(or
                                                                               100 percent, in the case of such tests for which payment is made
                                                                               on an assignment-related basis) of the lesser of the amount deter-
                                                                               mined under such section or the amount of the charges billed for
                                                                               the tests, or (ii) for tests furnished before January 1, 2017,on the
                                                                               basis of a negotiated rate established under subsection (h)(6), the
                                                                               amount paid shall be equal to 100 percent of such negotiated
                                                                               rate,,(E) with respect to services furnished to individuals who have
                                                                               been determined to have end stage renal disease, the amounts paid
                                                                               shall be determined subject to the provisions of section 1881,(F)
                                                                               with respect to clinical social worker services under section
                                                                               1861(s)(2)(N), the amounts paid shall be 80 percent of the lesser of
                                                                               (i) the actual charge for the services or (ii) 75 percent of the




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                                                                               amount determined for payment of a psychologist under clause (L),




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                                                                                              (G) with respect to facility services furnished in connec-
                                                                                           tion with a surgical procedure specified pursuant to sub-
                                                                                           section (i)(1)(A) and furnished to an individual in an ambu-
                                                                                           latory surgical center described in such subsection, for
                                                                                           services furnished beginning with the implementation date
                                                                                           of a revised payment system for such services in such fa-
                                                                                           cilities specified in subsection (i)(2)(D), the amounts paid
                                                                                           shall be 80 percent of the lesser of the actual charge for
                                                                                           the services or the amount determined by the Secretary
                                                                                           under such revised payment system,
                                                                                         (H) with respect to services of a certified registered nurse an-
                                                                                      esthetist under section 1861(s)(11), the amounts paid shall be
                                                                                      80 percent of the least of the actual charge, the prevailing
                                                                                      charge that would be recognized (or, for services furnished on
                                                                                      or after January 1, 1992, the fee schedule amount provided
                                                                                      under section 1848) if the services had been performed by an
                                                                                      anesthesiologist, or the fee schedule for such services estab-
                                                                                      lished by the Secretary in accordance with subsection (l), (I)
                                                                                      with respect to covered items (described in section 1834(a)(13)),
                                                                                      the amounts paid shall be the amounts described in section
                                                                                      1834(a)(1), and(J) with respect to expenses incurred for radiolo-
                                                                                      gist services (as defined in section 1834(b)(6)), subject to sec-
                                                                                      tion 1848, the amounts paid shall be 80 percent of the lesser
                                                                                      of the actual charge for the services or the amount provided
                                                                                      under the fee schedule established under section 1834(b), (K)
                                                                                      with respect to certified nurse-midwife services under section
                                                                                      1861(s)(2)(L), the amounts paid shall be 80 percent of the less-
                                                                                      er of the actual charge for the services or the amount deter-
                                                                                      mined by a fee schedule established by the Secretary for the
                                                                                      purposes of this subparagraph (but in no event shall such fee
                                                                                      schedule exceed 65 percent of the prevailing charge that would
                                                                                      be allowed for the same service performed by a physician, or,
                                                                                      for services furnished on or after January 1, 1992, 65 percent
                                                                                      (or 100 percent for services furnished on or after January 1,
                                                                                      2011) of the fee schedule amount provided under section 1848
                                                                                      for the same service performed by a physician), (L) with re-
                                                                                      spect to qualified psychologist services under section
                                                                                      1861(s)(2)(M), the amounts paid shall be 80 percent of the less-
                                                                                      er of the actual charge for the services or the amount deter-
                                                                                      mined by a fee schedule established by the Secretary for the
                                                                                      purposes of this subparagraph, (M) with respect to prosthetic
                                                                                      devices and orthotics and prosthetics (as defined in section
                                                                                      1834(h)(4)), the amounts paid shall be the amounts described
                                                                                      in section 1834(h)(1), (N) with respect to expenses incurred for
                                                                                      physicians’ services (as defined in section 1848(j)(3)) other than
                                                                                      personalized prevention plan services (as defined in section
                                                                                      1861(hhh)(1)), the amounts paid shall be 80 percent of the pay-
                                                                                      ment basis determined under section 1848(a)(1), (O) with re-
                                                                                      spect to services described in section 1861(s)(2)(K) (relating to
                                                                                      services furnished by physician assistants, nurse practitioners,
                                                                                      or clinic nurse specialists), the amounts paid shall be equal to
                                                                                      80 percent of (i) the lesser of the actual charge or 85 percent
                                                                                      of the fee schedule amount provided under section 1848, or (ii)
                                                                                      in the case of services as an assistant at surgery, the lesser of




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                                                                                      the actual charge or 85 percent of the amount that would oth-




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                                                                                      erwise be recognized if performed by a physician who is serv-
                                                                                      ing as an assistant at surgery, (P) with respect to surgical
                                                                                      dressings, the amounts paid shall be the amounts determined
                                                                                      under section 1834(i), (Q) with respect to items or services for
                                                                                      which fee schedules are established pursuant to section
                                                                                      1842(s), the amounts paid shall be 80 percent of the lesser of
                                                                                      the actual charge or the fee schedule established in such sec-
                                                                                      tion, (R) with respect to ambulance services, (i) the amounts
                                                                                      paid shall be 80 percent of the lesser of the actual charge for
                                                                                      the services or the amount determined by a fee schedule estab-
                                                                                      lished by the Secretary under section 1834(l) and (ii) with re-
                                                                                      spect to ambulance services described in section 1834(l)(8), the
                                                                                      amounts paid shall be the amounts determined under section
                                                                                      1834(g) for outpatient critical access hospital services, (S) with
                                                                                      respect to drugs and biologicals (including intravenous immune
                                                                                      globulin (as defined in section 1861(zz))) not paid on a cost or
                                                                                      prospective payment basis as otherwise provided in this part
                                                                                      (other than items and services described in subparagraph (B)),
                                                                                      the amounts paid shall be 80 percent of the lesser of the actual
                                                                                      charge or the payment amount established in section 1842(o)
                                                                                      (or, if applicable, under section 1847, 1847A, or 1847B), (T)
                                                                                      with respect to medical nutrition therapy services (as defined
                                                                                      in section 1861(vv)), the amount paid shall be 80 percent (or
                                                                                      100 percent if such services are recommended with a grade of
                                                                                      A or B by the United States Preventive Services Task Force for
                                                                                      any indication or population and are appropriate for the indi-
                                                                                      vidual) of the lesser of the actual charge for the services or 85
                                                                                      percent of the amount determined under the fee schedule es-
                                                                                      tablished under section 1848(b) for the same services if fur-
                                                                                      nished by a physician, (U) with respect to facility fees de-
                                                                                      scribed in section 1834(m)(2)(B), the amounts paid shall be 80
                                                                                      percent of the lesser of the actual charge or the amounts speci-
                                                                                      fied in such section, (V) notwithstanding subparagraphs (I) (re-
                                                                                      lating to durable medical equipment), (M) (relating to pros-
                                                                                      thetic devices and orthotics and prosthetics), and (Q) (relating
                                                                                      to 1842(s) items), with respect to competitively priced items
                                                                                      and services (described in section 1847(a)(2)) that are fur-
                                                                                      nished in a competitive area, the amounts paid shall be the
                                                                                      amounts described in section 1847(b)(5), (W) with respect to
                                                                                      additional preventive services (as defined in section
                                                                                      1861(ddd)(1)), the amount paid shall be (i) in the case of such
                                                                                      services which are clinical diagnostic laboratory tests, the
                                                                                      amount determined under subparagraph (D) (if such subpara-
                                                                                      graph were applied, by substituting ‘‘100 percent’’ for ‘‘80 per-
                                                                                      cent’’), and (ii) in the case of all other such services, 100 per-
                                                                                      cent of the lesser of the actual charge for the service or the
                                                                                      amount determined under a fee schedule established by the
                                                                                      Secretary for purposes of this subparagraph, (X) with respect
                                                                                      to personalized prevention plan services (as defined in section
                                                                                      1861(hhh)(1)), the amount paid shall be 100 percent of the less-
                                                                                      er of the actual charge for the services or the amount deter-
                                                                                      mined under the payment basis determined under section
                                                                                      1848, (Y) subject to subsection (dd), with respect to preventive
                                                                                      services described in subparagraphs (A) and (B) of section




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                                                                                      1861(ddd)(3) that are appropriate for the individual and, in the




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                                                                                                                                  10

                                                                                      case of such services described in subparagraph (A), are rec-
                                                                                      ommended with a grade of A or B by the United States Preven-
                                                                                      tive Services Task Force for any indication or population, the
                                                                                      amount paid shall be 100 percent of (i) except as provided in
                                                                                      clause (ii), the lesser of the actual charge for the services or the
                                                                                      amount determined under the fee schedule that applies to such
                                                                                      services under this part, and (ii) in the case of such services
                                                                                      that are covered OPD services (as defined in subsection
                                                                                      (t)(1)(B)), the amount determined under subsection (t), (Z) with
                                                                                      respect to Federally qualified health center services for which
                                                                                      payment is made under section 1834(o), the amounts paid shall
                                                                                      be 80 percent of the lesser of the actual charge or the amount
                                                                                      determined under such section, (AA) with respect to an appli-
                                                                                      cable disposable device (as defined in paragraph (2) of section
                                                                                      1834(s)) furnished to an individual pursuant to paragraph (1)
                                                                                      of such section, the amount paid shall be equal to 80 percent
                                                                                      of the lesser of the actual charge or the amount determined
                                                                                      under paragraph (3) of such section, (BB) with respect to home
                                                                                      infusion therapy, the amount paid shall be an amount equal to
                                                                                      80 percent of the lesser of the actual charge for the services or
                                                                                      the amount determined under section 1834(u), (CC) with re-
                                                                                      spect to opioid use disorder treatment services furnished dur-
                                                                                      ing an episode of care, the amount paid shall be equal to the
                                                                                      amount payable under section 1834(w) less any copayment re-
                                                                                      quired as specified by the Secretary, øand¿ (DD) with respect
                                                                                      to a specified COVID–19 testing-related service described in
                                                                                      paragraph (1) of subsection (cc) for which payment may be
                                                                                      made under a specified outpatient payment provision described
                                                                                      in paragraph (2) of such subsection, the amounts paid shall be
                                                                                      100 percent of the payment amount otherwise recognized
                                                                                      under such respective specified outpatient payment provision
                                                                                      for such service, and (EE) with respect to lymphedema compres-
                                                                                      sion treatment items (as defined in section 1861(lll)), the
                                                                                      amount paid shall be equal to 80 percent of the lesser of the ac-
                                                                                      tual charge or the amount determined under the payment basis
                                                                                      determined under section 1834(z);
                                                                                         (2) in the case of services described in section 1832(a)(2) (ex-
                                                                                      cept those services described in subparagraphs (C), (D), (E),
                                                                                      (F), (G), (H), and (I) of such section and unless otherwise speci-
                                                                                      fied in section 1881)—
                                                                                              (A) with respect to home health services (other than a
                                                                                           covered osteoporosis drug) (as defined in section 1861(kk)),
                                                                                           the amount determined under the prospective payment
                                                                                           system under section 1895;
                                                                                              (B) with respect to other items and services (except those
                                                                                           described in subparagraph (C), (D), or (E) of this para-
                                                                                           graph and except as may be provided in section 1886 or
                                                                                           section 1888(e)(9))—
                                                                                                   (i) furnished before January 1, 1999, the lesser of—
                                                                                                        (I) the reasonable cost of such services, as deter-
                                                                                                      mined under section 1861(v), or
                                                                                                        (II) the customary charges with respect to such
                                                                                                      services,—less the amount a provider may charge
                                                                                                      as described in clause (ii) of section 1866(a)(2)(A),




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                                                                                                      but in no case may the payment for such other




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                                                                                                       services exceed 80 percent of such reasonable cost,
                                                                                                       or
                                                                                                    (ii) if such services are furnished before January 1,
                                                                                                 1999, by a public provider of services, or by another
                                                                                                 provider which demonstrates to the satisfaction of the
                                                                                                 Secretary that a significant portion of its patients are
                                                                                                 low-income (and requests that payment be made
                                                                                                 under this clause), free of charge or at nominal
                                                                                                 charges to the public, 80 percent of the amount deter-
                                                                                                 mined in accordance with section 1814(b)(2), or
                                                                                                    (iii) if such services are furnished on or after Janu-
                                                                                                 ary 1, 1999, the amount determined under subsection
                                                                                                 (t), or
                                                                                                    (iv) if (and for so long as) the conditions described
                                                                                                 in section 1814(b)(3) are met, the amounts determined
                                                                                                 under the reimbursement system described in such
                                                                                                 section;
                                                                                              (C) with respect to services described in the second sen-
                                                                                            tence of section 1861(p), 80 percent of the reasonable
                                                                                            charges for such services;
                                                                                              (D) with respect to clinical diagnostic laboratory tests for
                                                                                            which payment is made under this part (i)(I)on the basis
                                                                                            of a fee schedule determined under subsection(h)(1) (for
                                                                                            tests furnished before January 1, 2017) or section
                                                                                            1834(d)(1), the amount paid shall be equal to 80 percent
                                                                                            (or 100 percent, in the case of such tests for which pay-
                                                                                            ment is made on an assignment-related basis or to a pro-
                                                                                            vider having an agreement under section 1866) of the less-
                                                                                            er of the amount determined under such fee schedule, the
                                                                                            limitation amount for that test determined under sub-
                                                                                            section (h)(4)(B), or the amount of the charges billed for
                                                                                            the tests, or (II) under section 1834A (for tests furnished
                                                                                            on or after January 1, 2017), the amount paid shall be
                                                                                            equal to 80 percent (or 100 percent, in the case of such
                                                                                            tests for which payment is made on an assignment-related
                                                                                            basis or to a provider having an agreement under section
                                                                                            1866) of the lesser of the amount determined under such
                                                                                            section or the amount of the charges billed for the tests,
                                                                                            or (ii) for tests furnished before January 1, 2017, on the
                                                                                            basis of a negotiated rate established under subsection
                                                                                            (h)(6), the amount paid shall be equal to 100 percent of
                                                                                            such negotiated rate for such tests;
                                                                                              (E) with respect to—
                                                                                                    (i) outpatient hospital radiology services (including
                                                                                                 diagnostic and therapeutic radiology, nuclear medicine
                                                                                                 and CAT scan procedures, magnetic resonance imag-
                                                                                                 ing, and ultrasound and other imaging services, but
                                                                                                 excluding screening mammography and, for services
                                                                                                 furnished on or after January 1, 2005, diagnostic
                                                                                                 mammography), and
                                                                                                    (ii) effective for procedures performed on or after Oc-
                                                                                                 tober 1, 1989, diagnostic procedures (as defined by the
                                                                                                 Secretary) described in section 1861(s)(3) (other than




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                                                                                                 diagnostic x-ray tests and diagnostic laboratory tests),




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                                                                                                                                  12

                                                                                           the amount determined under subsection (n) or, for serv-
                                                                                           ices or procedures performed on or after January 1, 1999,
                                                                                           subsection (t);
                                                                                              (F) with respect to a covered osteoporosis drug (as de-
                                                                                           fined in section 1861(kk)) furnished by a home health
                                                                                           agency, 80 percent of the reasonable cost of such service,
                                                                                           as determined under section 1861(v);
                                                                                              (G) with respect to items and services described in sec-
                                                                                           tion 1861(s)(10)(A), the lesser of—
                                                                                                   (i) the reasonable cost of such services, as deter-
                                                                                                mined under section 1861(v), or
                                                                                                   (ii) the customary charges with respect to such serv-
                                                                                                ices; and
                                                                                              (H) with respect to personalized prevention plan services
                                                                                           (as defined in section 1861(hhh)(1)) furnished by an out-
                                                                                           patient department of a hospital, the amount determined
                                                                                           under paragraph (1)(X),
                                                                                           or, if such services are furnished by a public provider of
                                                                                           services, or by another provider which demonstrates to the
                                                                                           satisfaction of the Secretary that a significant portion of its
                                                                                           patients are low-income (and requests that payment be
                                                                                           made under this provision), free of charge or at nominal
                                                                                           charges to the public, the amount determined in accord-
                                                                                           ance with section 1814(b)(2);
                                                                                         (3) in the case of services described in section 1832(a)(2)(D)—
                                                                                              (A) except as provided in subparagraph (B), the costs
                                                                                           which are reasonable and related to the cost of furnishing
                                                                                           such services or which are based on such other tests of
                                                                                           reasonableness as the Secretary may prescribe in regula-
                                                                                           tions,     including   those    authorized     under      section
                                                                                           1861(v)(1)(A), less the amount a provider may charge as
                                                                                           described in clause (ii) of section 1866(a)(2)(A), but in no
                                                                                           case may the payment for such services (other than for
                                                                                           items and services described in section 1861(s)(10)(A)) ex-
                                                                                           ceed 80 percent of such costs; or
                                                                                              (B) with respect to the services described in clause (ii) of
                                                                                           section 1832(a)(2)(D) that are furnished to an individual
                                                                                           enrolled with a MA plan under part C pursuant to a writ-
                                                                                           ten agreement described in section 1853(a)(4), the amount
                                                                                           (if any) by which—
                                                                                                   (i) the amount of payment that would have other-
                                                                                                wise been provided (I) under subparagraph (A) (cal-
                                                                                                culated as if ‘‘100 percent’’ were substituted for ‘‘80
                                                                                                percent’’ in such subparagraph) for such services if the
                                                                                                individual had not been so enrolled, or (II) in the case
                                                                                                of such services furnished on or after the implementa-
                                                                                                tion date of the prospective payment system under
                                                                                                section 1834(o), under such section (calculated as if
                                                                                                ‘‘100 percent’’ were substituted for ‘‘80 percent’’ in such
                                                                                                section) for such services if the individual had not
                                                                                                been so enrolled; exceeds
                                                                                                   (ii) the amount of the payments received under such
                                                                                                written agreement for such services (not including any
                                                                                                financial incentives provided for in such agreement




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                                                                                                such as risk pool payments, bonuses, or withholds),




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                                                                                         less the amount the federally qualified health center may
                                                                                         charge as described in section 1857(e)(3)(B);
                                                                                       (4) in the case of facility services described in section
                                                                                    1832(a)(2)(F), and outpatient hospital facility services fur-
                                                                                    nished in connection with surgical procedures specified by the
                                                                                    Secretary pursuant to section 1833(i)(1)(A), the applicable
                                                                                    amount as determined under paragraph (2) or (3) of subsection
                                                                                    (i) or subsection (t);
                                                                                       (5) in the case of covered items (described in section
                                                                                    1834(a)(13)) the amounts described in section 1834(a)(1);
                                                                                       (6) in the case of outpatient critical access hospital services,
                                                                                    the amounts described in section 1834(g);
                                                                                       (7) in the case of prosthetic devices and orthotics and pros-
                                                                                    thetics (as described in section 1834(h)(4)), the amounts de-
                                                                                    scribed in section 1834(h);
                                                                                       (8) in the case of—
                                                                                            (A) outpatient physical therapy services, outpatient
                                                                                         speech-language pathology services, and outpatient occupa-
                                                                                         tional therapy services furnished—
                                                                                                 (i) by a rehabilitation agency, public health agency,
                                                                                              clinic, comprehensive outpatient rehabilitation facility,
                                                                                              or skilled nursing facility,
                                                                                                 (ii) by a home health agency to an individual who is
                                                                                              not homebound, or
                                                                                                 (iii) by another entity under an arrangement with
                                                                                              an entity described in clause (i) or (ii); and
                                                                                            (B) outpatient physical therapy services, outpatient
                                                                                         speech-language pathology services, and outpatient occupa-
                                                                                         tional therapy services furnished—
                                                                                                 (i) by a hospital to an outpatient or to a hospital in-
                                                                                              patient who is entitled to benefits under part A but
                                                                                              has exhausted benefits for inpatient hospital services
                                                                                              during a spell of illness or is not so entitled to benefits
                                                                                              under part A, or
                                                                                                 (ii) by another entity under an arrangement with a
                                                                                              hospital described in clause (i),
                                                                                    the amounts described in section 1834(k);
                                                                                       (9) in the case of services described in section 1832(a)(2)(E)
                                                                                    that are not described in paragraph (8), the amounts described
                                                                                    in section 1834(k); and
                                                                                       (10) with respect to rural emergency hospital services fur-
                                                                                    nished on or after January 1, 2023, the amounts determined
                                                                                    under section 1834(x).
                                                                               Paragraph (3)(A) shall not apply to Federally qualified health cen-
                                                                               ter services furnished on or after the implementation date of the
                                                                               prospective payment system under section 1834(o). For services
                                                                               furnished on or after January 1, 2022, paragraph (1)(Y) shall apply
                                                                               with respect to a colorectal cancer screening test regardless of the
                                                                               code that is billed for the establishment of a diagnosis as a result
                                                                               of the test, or for the removal of tissue or other matter or other pro-
                                                                               cedure that is furnished in connection with, as a result of, and in
                                                                               the same clinical encounter as the screening test.
                                                                                  (b) Before applying subsection (a) with respect to expenses in-
                                                                               curred by an individual during any calendar year, the total amount




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                                                                               of the expenses incurred by such individual during such year




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                                                                                                                                  14

                                                                               (which would, except for this subsection, constitute incurred ex-
                                                                               penses from which benefits payable under subsection (a) are deter-
                                                                               minable) shall be reduced by a deductible of $75 for calendar years
                                                                               before 1991, $100 for 1991 through 2004, $110 for 2005, and for a
                                                                               subsequent year the amount of such deductible for the previous
                                                                               year increased by the annual percentage increase in the monthly
                                                                               actuarial rate under section 1839(a)(1) ending with such subse-
                                                                               quent year (rounded to the nearest $1); except that (1) such total
                                                                               amount shall not include expenses incurred for preventive services
                                                                               described in subparagraph (A) of section 1861(ddd)(3) that are rec-
                                                                               ommended with a grade of A or B by the United States Preventive
                                                                               Services Task Force for any indication or population and are appro-
                                                                               priate for the individual., (2) such deductible shall not apply with
                                                                               respect to home health services (other than a covered osteoporosis
                                                                               drug (as defined in section 1861(kk))), (3) such deductible shall not
                                                                               apply with respect to clinical diagnostic laboratory tests for which
                                                                               payment is made under this part (A) under subsection (a)(1)(D)(i)
                                                                               or (a)(2)(D)(i) on an assignment-related basis, or to a provider hav-
                                                                               ing an agreement under section 1866, or (B) for tests furnished be-
                                                                               fore January 1, 2017,on the basis of a negotiated rate determined
                                                                               under subsection (h)(6), (4) such deductible shall not apply to Fed-
                                                                               erally qualified health center services, (5) such deductible shall not
                                                                               apply with respect to screening mammography (as described in sec-
                                                                               tion 1861(jj)), (6) such deductible shall not apply with respect to
                                                                               screening pap smear and screening pelvic exam (as described in
                                                                               section 1861(nn)), (7) such deductible shall not apply with respect
                                                                               to ultrasound screening for abdominal aortic aneurysm (as defined
                                                                               in section 1861(bbb)), (8) such deductible shall not apply with re-
                                                                               spect to colorectal cancer screening tests (as described in section
                                                                               1861(pp)(1)), (9) such deductible shall not apply with respect to an
                                                                               initial preventive physical examination (as defined in section
                                                                               1861(ww)), (10) such deductible shall not apply with respect to per-
                                                                               sonalized prevention plan services (as defined in section
                                                                               1861(hhh)(1)), (11) such deductible shall not apply with respect to
                                                                               any specified COVID–19 testing-related service described in para-
                                                                               graph (1) of subsection (cc) for which payment may be made under
                                                                               a specified outpatient payment provision described in paragraph (2)
                                                                               of such subsection, and (12) such deductible shall not apply
                                                                               withrespect a COVID–19 vaccine and its administration
                                                                               describedin section 1861(s)(10)(A). The total amount of the ex-
                                                                               penses incurred by an individual as determined under the pre-
                                                                               ceding sentence shall, after the reduction specified in such sen-
                                                                               tence, be further reduced by an amount equal to the expenses in-
                                                                               curred for the first three pints of whole blood (or equivalent quan-
                                                                               tities of packed red blood cells, as defined under regulations) fur-
                                                                               nished to the individual during the calendar year, except that such
                                                                               deductible for such blood shall in accordance with regulations be
                                                                               appropriately reduced to the extent that there has been a replace-
                                                                               ment of such blood (or equivalent quantities of packed red blood
                                                                               cells, as so defined); and for such purposes blood (or equivalent
                                                                               quantities of packed red blood cells, as so defined) furnished such
                                                                               individual shall be deemed replaced when the institution or other
                                                                               person furnishing such blood (or such equivalent quantities of
                                                                               packed red blood cells, as so defined) is given one pint of blood for




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                                                                               each pint of blood (or equivalent quantities of packed red blood




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                                                                                                                                  15

                                                                               cells, as so defined) furnished such individual with respect to which
                                                                               a deduction is made under this sentence. The deductible under the
                                                                               previous sentence for blood or blood cells furnished an individual
                                                                               in a year shall be reduced to the extent that a deductible has been
                                                                               imposed under section 1813(a)(2) to blood or blood cells furnished
                                                                               the individual in the year. Paragraph (1) of the first sentence of
                                                                               this subsection shall apply with respect to a colorectal cancer
                                                                               screening test regardless of the code that is billed for the establish-
                                                                               ment of a diagnosis as a result of the test, or for the removal of
                                                                               tissue or other matter or other procedure that is furnished in con-
                                                                               nection with, as a result of, and in the same clinical encounter as
                                                                               the screening test.
                                                                                  (c)(1) Notwithstanding any other provision of this part, with re-
                                                                               spect to expenses incurred in a calendar year in connection with
                                                                               the treatment of mental, psychoneurotic, and personality disorders
                                                                               of an individual who is not an inpatient of a hospital at the time
                                                                               such expenses are incurred, there shall be considered as incurred
                                                                               expenses for purposes of subsections (a) and (b)—
                                                                                        (A) for expenses incurred in years prior to 2010, only 621⁄2
                                                                                     percent of such expenses;
                                                                                        (B) for expenses incurred in 2010 or 2011, only 683⁄4 percent
                                                                                     of such expenses;
                                                                                        (C) for expenses incurred in 2012, only 75 percent of such ex-
                                                                                     penses;
                                                                                        (D) for expenses incurred in 2013, only 811⁄4 percent of such
                                                                                     expenses; and
                                                                                        (E) for expenses incurred in 2014 or any subsequent calendar
                                                                                     year, 100 percent of such expenses.
                                                                                  (2) For purposes of subparagraphs (A) through (D) of paragraph
                                                                               (1), the term ‘‘treatment’’ does not include brief office visits (as de-
                                                                               fined by the Secretary) for the sole purpose of monitoring or chang-
                                                                               ing drug prescriptions used in the treatment of such disorders or
                                                                               partial hospitalization services that are not directly provided by a
                                                                               physician
                                                                                  (d) No payment may be made under this part with respect to any
                                                                               services furnished an individual to the extent that such individual
                                                                               is entitled (or would be entitled except for section 1813) to have
                                                                               payment made with respect to such services under part A.
                                                                                  (e) No payment shall be made to any provider of services or other
                                                                               person under this part unless there has been furnished such infor-
                                                                               mation as may be necessary in order to determine the amounts due
                                                                               such provider or other person under this part for the period with
                                                                               respect to which the amounts are being paid or for any prior pe-
                                                                               riod.
                                                                                  (f)(1) In establishing limits under subsection (a) on payment for
                                                                               rural health clinic services provided by rural health clinics (other
                                                                               than such clinics in hospitals with less than 50 beds), the Secretary
                                                                               shall establish such limit, for services provided prior to April 1,
                                                                               2021—
                                                                                        (A) in 1988, after March 31, at $46 per visit, and
                                                                                        (B) in a subsequent year (before April 1, 2021), at the limit
                                                                                     established under this paragraph for the previous year in-
                                                                                     creased by the percentage increase in the MEI (as defined in




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                                                                                     section 1842(i)(3)) applicable to primary care services (as de-




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                                                                                    fined in section 1842(i)(4)) furnished as of the first day of that
                                                                                    year.
                                                                                  (2) In establishing limits under subsection (a) on payment for
                                                                               rural health clinic services furnished on or after April 1, 2021, by
                                                                               a rural health clinic (other than a rural health clinic described in
                                                                               paragraph (3)(B)), the Secretary shall establish such limit, for serv-
                                                                               ices provided—
                                                                                       (A) in 2021, after March 31, at $100 per visit;
                                                                                       (B) in 2022, at $113 per visit;
                                                                                       (C) in 2023, at $126 per visit;
                                                                                       (D) in 2024, at $139 per visit;
                                                                                       (E) in 2025, at $152 per visit;
                                                                                       (F) in 2026, at $165 per visit;
                                                                                       (G) in 2027, at $178 per visit;
                                                                                       (H) in 2028, at $190 per visit; and
                                                                                       (I) in a subsequent year, at the limit established under this
                                                                                    paragraph for the previous year increased by the percentage
                                                                                    increase in the MEI applicable to primary care services fur-
                                                                                    nished as of the first day of such subsequent year.
                                                                                  (3)(A) In establishing limits under subsection (a) on payment for
                                                                               rural health clinic services furnished on or after April 1, 2021, by
                                                                               a rural health clinic described in subparagraph (B), the Secretary
                                                                               shall establish such limit, with respect to each such rural health
                                                                               clinic, for services provided—
                                                                                       (i) in 2021, after March 31, at an amount equal to the great-
                                                                                    er of—
                                                                                                  (I) with respect to a rural health clinic that had a
                                                                                                per visit payment amount established for services fur-
                                                                                                nished in 2020—
                                                                                                        (aa) the per visit payment amount applicable to
                                                                                                     such rural health clinic for rural health clinic
                                                                                                     services furnished in 2020, increased by the per-
                                                                                                     centage increase in the MEI applicable to primary
                                                                                                     care services furnished as of the first day of 2021;
                                                                                                     or
                                                                                                        (bb) the limit described in paragraph (2)(A); and
                                                                                                  (II) with respect to a rural health clinic that did not
                                                                                                have a per visit payment amount established for serv-
                                                                                                ices furnished in 2020—
                                                                                                        (aa) the per visit payment amount applicable to
                                                                                                     such rural health clinic for rural health clinic
                                                                                                     services furnished in 2021; or
                                                                                                        (bb) the limit described in paragraph (2)(A); and
                                                                                       (ii) in a subsequent year, at an amount equal to the greater
                                                                                    of—
                                                                                             (I) the amount established under subclause (I) or (II) of
                                                                                          clause (i), as applicable, or this subclause for the previous
                                                                                          year with respect to such rural health clinic, increased by
                                                                                          the percentage increase in the MEI applicable to primary
                                                                                          care services furnished as of the first day of such subse-
                                                                                          quent year; or
                                                                                             (II) the limit established under paragraph (2) for such
                                                                                          subsequent year.
                                                                                  (B) A rural health clinic described in this subparagraph is a rural




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                                                                               health clinic that—




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                                                                                                                                  17

                                                                                       (i) as of December 31, 2020, was in a hospital with less than
                                                                                    50 beds and after such date such hospital continues to have
                                                                                    less than 50 beds (not taking into account any increase in the
                                                                                    number of beds pursuant to a waiver under subsection (b)(1)(A)
                                                                                    of section 1135 during the emergency period described in sub-
                                                                                    section (g)(1)(B) of such section); and
                                                                                       (ii)(I) as of December 31, 2020, was enrolled under section
                                                                                    1866(j) (including temporary enrollment during such emer-
                                                                                    gency period for such emergency period); or
                                                                                       (II) submitted an application for enrollment under section
                                                                                    1866(j) (or a request for such a temporary enrollment for such
                                                                                    emergency period) that was received not later than December
                                                                                    31, 2020.
                                                                                  (g)(1)(A) Subject to paragraphs (4) and (5), in the case of physical
                                                                               therapy services of the type described in section 1861(p) and
                                                                               speech-language pathology services of the type described in such
                                                                               section through the application of section 1861(ll)(2), but (except as
                                                                               provided in paragraph (6)) not described in subsection (a)(8)(B),
                                                                               and physical therapy services and speech-language pathology serv-
                                                                               ices of such type which are furnished by a physician or as incident
                                                                               to physicians’ services, with respect to expenses incurred in any
                                                                               calendar year, no more than the amount specified in paragraph (2)
                                                                               for the year shall be considered as incurred expenses for purposes
                                                                               of subsections (a) and (b). The preceding sentence shall not apply
                                                                               to expenses incurred with respect to services furnished after De-
                                                                               cember 31, 2017.
                                                                                  (B) With respect to services furnished during 2018 or a subse-
                                                                               quent year, in the case of physical therapy services of the type de-
                                                                               scribed in section 1861(p), speech-language pathology services of
                                                                               the type described in such section through the application of sec-
                                                                               tion 1861(ll)(2), and physical therapy services and speech-language
                                                                               pathology services of such type which are furnished by a physician
                                                                               or as incident to physicians’ services, with respect to expenses in-
                                                                               curred in any calendar year, any amount that is more than the
                                                                               amount specified in paragraph (2) for the year shall not be consid-
                                                                               ered as incurred expenses for purposes of subsections (a) and (b)
                                                                               unless the applicable requirements of paragraph (7) are met.
                                                                                  (2) The amount specified in this paragraph—
                                                                                       (A) for 1999, 2000, and 2001, is $1,500, and
                                                                                       (B) for a subsequent year is the amount specified in this
                                                                                    paragraph for the preceding year increased by the percentage
                                                                                    increase in the MEI (as defined in section 1842(i)(3)) for such
                                                                                    subsequent year;
                                                                               except that if an increase under subparagraph (B) for a year is not
                                                                               a multiple of $10, it shall be rounded to the nearest multiple of
                                                                               $10.
                                                                                  (3)(A) Subject to paragraphs (4) and (5), in the case of occupa-
                                                                               tional therapy services (of the type that are described in section
                                                                               1861(p) (but (except as provided in paragraph (6)) not described in
                                                                               subsection (a)(8)(B)) through the operation of section 1861(g) and of
                                                                               such type which are furnished by a physician or as incident to phy-
                                                                               sicians’ services), with respect to expenses incurred in any calendar
                                                                               year, no more than the amount specified in paragraph (2) for the
                                                                               year shall be considered as incurred expenses for purposes of sub-




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                                                                               sections (a) and (b). The preceding sentence shall not apply to ex-




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                                                                               penses incurred with respect to services furnished after December
                                                                               31, 2017.
                                                                                  (B) With respect to services furnished during 2018 or a subse-
                                                                               quent year, in the case of occupational therapy services (of the type
                                                                               that are described in section 1861(p) through the operation of sec-
                                                                               tion 1861(g) and of such type which are furnished by a physician
                                                                               or as incident to physicians’ services), with respect to expenses in-
                                                                               curred in any calendar year, any amount that is more than the
                                                                               amount specified in paragraph (2) for the year shall not be consid-
                                                                               ered as incurred expenses for purposes of subsections (a) and (b)
                                                                               unless the applicable requirements of paragraph (7) are met.
                                                                                  (4) This subsection shall not apply to expenses incurred with re-
                                                                               spect to services furnished during 2000, 2001, 2002, 2004, and
                                                                               2005.
                                                                                  (5)(A) With respect to expenses incurred during the period begin-
                                                                               ning on January 1, 2006, and ending on December 31, 2017, for
                                                                               services, the Secretary shall implement a process under which an
                                                                               individual enrolled under this part may, upon request of the indi-
                                                                               vidual or a person on behalf of the individual, obtain an exception
                                                                               from the uniform dollar limitation specified in paragraph (2), for
                                                                               services described in paragraphs (1) and (3) if the provision of such
                                                                               services is determined to be medically necessary and if the require-
                                                                               ment of subparagraph (B) is met. Under such process, if the Sec-
                                                                               retary does not make a decision on such a request for an exception
                                                                               within 10 business days of the date of the Secretary’s receipt of the
                                                                               request made in accordance with such requirement, the Secretary
                                                                               shall be deemed to have found the services to be medically nec-
                                                                               essary.
                                                                                  (B) In the case of outpatient therapy services for which an excep-
                                                                               tion is requested under the first sentence of subparagraph (A), the
                                                                               claim for such services shall contain an appropriate modifier (such
                                                                               as the KX modifier used as of the date of the enactment of this sub-
                                                                               paragraph) indicating that such services are medically necessary as
                                                                               justified by appropriate documentation in the medical record in-
                                                                               volved.
                                                                                  (C)(i) In applying this paragraph with respect to a request for an
                                                                               exception with respect to expenses that would be incurred for out-
                                                                               patient therapy services (including services described in subsection
                                                                               (a)(8)(B)) that would exceed the threshold described in clause (ii)
                                                                               for a year, the request for such an exception, for services furnished
                                                                               on or after October 1, 2012, shall be subject to a manual medical
                                                                               review process that, subject to subparagraph (E), is similar to the
                                                                               manual medical review process used for certain exceptions under
                                                                               this paragraph in 2006.
                                                                                  (ii) The threshold under this clause for a year is $3,700. Such
                                                                               threshold shall be applied separately—
                                                                                       (I) for physical therapy services and speech-language pathol-
                                                                                     ogy services; and
                                                                                       (II) for occupational therapy services.
                                                                                  (E)(i) In place of the manual medical review process under sub-
                                                                               paragraph (C)(i), the Secretary shall implement a process for med-
                                                                               ical review under this subparagraph under which the Secretary
                                                                               shall identify and conduct medical review for services described in




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                                                                               subparagraph (C)(i) furnished by a provider of services or supplier




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                                                                               (in this subparagraph referred to as a ‘‘therapy provider’’) using
                                                                               such factors as the Secretary determines to be appropriate.
                                                                                  (ii) Such factors may include the following:
                                                                                        (I) The therapy provider has had a high claims denial per-
                                                                                     centage for therapy services under this part or is less compli-
                                                                                     ant with applicable requirements under this title.
                                                                                        (II) The therapy provider has a pattern of billing for therapy
                                                                                     services under this part that is aberrant compared to peers or
                                                                                     otherwise has questionable billing practices for such services,
                                                                                     such as billing medically unlikely units of services in a day.
                                                                                        (III) The therapy provider is newly enrolled under this title
                                                                                     or has not previously furnished therapy services under this
                                                                                     part.
                                                                                        (IV) The services are furnished to treat a type of medical
                                                                                     condition.
                                                                                        (V) The therapy provider is part of group that includes an-
                                                                                     other therapy provider identified using the factors determined
                                                                                     under this subparagraph.
                                                                                  (iii) For purposes of carrying out this subparagraph, the Sec-
                                                                               retary shall provide for the transfer, from the Federal Supple-
                                                                               mentary Medical Insurance Trust Fund under section 1841, of
                                                                               $5,000,000 to the Centers for Medicare & Medicaid Services Pro-
                                                                               gram Management Account for fiscal years 2015 and 2016, to re-
                                                                               main available until expended. Such funds may not be used by a
                                                                               contractor under section 1893(h) for medical reviews under this
                                                                               subparagraph.
                                                                                  (iv) The targeted review process under this subparagraph shall
                                                                               not apply to services for which expenses are incurred beyond the
                                                                               period for which the exceptions process under subparagraph (A) is
                                                                               implemented, except as such process is applied under paragraph
                                                                               (7)(B).
                                                                                  (6)(A) In applying paragraphs (1) and (3) to services furnished
                                                                               during the period beginning not later than October 1, 2012, and
                                                                               ending on December 31, 2017, the exclusion of services described
                                                                               in subsection (a)(8)(B) from the uniform dollar limitation specified
                                                                               in paragraph (2) shall not apply to such services furnished during
                                                                               2012 through 2017.
                                                                                  (B)(i) With respect to outpatient therapy services furnished be-
                                                                               ginning on or after January 1, 2013, and before January 1, 2014,
                                                                               for which payment is made under section 1834(g), the Secretary
                                                                               shall count toward the uniform dollar limitations described in para-
                                                                               graphs (1) and (3) and the threshold described in paragraph (5)(C)
                                                                               the amount that would be payable under this part if such services
                                                                               were paid under section 1834(k)(1)(B) instead of being paid under
                                                                               section 1834(g).
                                                                                  (ii) Nothing in clause (i) shall be construed as changing the
                                                                               method of payment for outpatient therapy services under section
                                                                               1834(g).
                                                                                  (7) For purposes of paragraphs (1)(B) and (3)(B), with respect to
                                                                               services described in such paragraphs, the requirements described
                                                                               in this paragraph are as follows:
                                                                                        (A) INCLUSION OF APPROPRIATE MODIFIER.—The claim for
                                                                                     such services contains an appropriate modifier (such as the KX




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                                                                                     modifier described in paragraph (5)(B)) indicating that such




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                                                                                    services are medically necessary as justified by appropriate
                                                                                    documentation in the medical record involved.
                                                                                       (B) TARGETED MEDICAL REVIEW FOR CERTAIN SERVICES ABOVE
                                                                                    THRESHOLD.—
                                                                                           (i) IN GENERAL.—In the case where expenses that would
                                                                                         be incurred for such services would exceed the threshold
                                                                                         described in clause (ii) for the year, such services shall be
                                                                                         subject to the process for medical review implemented
                                                                                         under paragraph (5)(E).
                                                                                           (ii) THRESHOLD.—The threshold under this clause for—
                                                                                                 (I) a year before 2028, is $3,000;
                                                                                                 (II) 2028, is the amount specified in subclause (I) in-
                                                                                              creased by the percentage increase in the MEI (as de-
                                                                                              fined in section 1842(i)(3)) for 2028; and
                                                                                                 (III) a subsequent year, is the amount specified in
                                                                                              this clause for the preceding year increased by the per-
                                                                                              centage increase in the MEI (as defined in section
                                                                                              1842(i)(3)) for such subsequent year;
                                                                                         except that if an increase under subclause (II) or (III) for
                                                                                         a year is not a multiple of $10, it shall be rounded to the
                                                                                         nearest multiple of $10.
                                                                                           (iii) APPLICATION.—The threshold under clause (ii) shall
                                                                                         be applied separately—
                                                                                                 (I) for physical therapy services and speech-lan-
                                                                                              guage pathology services; and
                                                                                                 (II) for occupational therapy services.
                                                                                           (iv) FUNDING.—For purposes of carrying out this sub-
                                                                                         paragraph, the Secretary shall provide for the transfer,
                                                                                         from the Federal Supplementary Medical Insurance Trust
                                                                                         Fund under section 1841 to the Centers for Medicare &
                                                                                         Medicaid Services Program Management Account, of
                                                                                         $5,000,000 for each fiscal year beginning with fiscal year
                                                                                         2018, to remain available until expended. Such funds may
                                                                                         not be used by a contractor under section 1893(h) for med-
                                                                                         ical reviews under this subparagraph.
                                                                                  (8) With respect to services furnished on or after January 1,
                                                                               2013, where payment may not be made as a result of application
                                                                               of paragraphs (1) and (3), section 1879 shall apply in the same
                                                                               manner as such section applies to a denial that is made by reason
                                                                               of section 1862(a)(1).
                                                                                  (h)(1)(A) Subject to section 1834(d)(1), the Secretary shall estab-
                                                                               lish fee schedules for clinical diagnostic laboratory tests (including
                                                                               prostate cancer screening tests under section 1861(oo) consisting of
                                                                               prostate-specific antigen blood tests) for which payment is made
                                                                               under this part, other than such tests performed by a provider of
                                                                               services for an inpatient of such provider.
                                                                                  (B) In the case of clinical diagnostic laboratory tests performed
                                                                               by a physician or by a laboratory (other than tests performed by
                                                                               a qualified hospital laboratory (as defined in subparagraph (D)) for
                                                                               outpatients of such hospital), the fee schedules established under
                                                                               subparagraph (A) shall be established on a regional, statewide, or
                                                                               carrier service area basis (as the Secretary may determine to be ap-
                                                                               propriate) for tests furnished on or after July 1, 1984.
                                                                                  (C) In the case of clinical diagnostic laboratory tests performed




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                                                                               by a qualified hospital laboratory (as defined in subparagraph (D))




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                                                                               for outpatients of such hospital, the fee schedules established under
                                                                               subparagraph (A) shall be established on a regional, statewide, or
                                                                               carrier service area basis (as the Secretary may determine to be ap-
                                                                               propriate) for tests furnished on or after July 1, 1984.
                                                                                  (D) In this subsection, the term ‘‘qualified hospital laboratory’’
                                                                               means a hospital laboratory, in a sole community hospital (as de-
                                                                               fined in section 1886(d)(5)(D)(iii)), which provides some clinical di-
                                                                               agnostic laboratory tests 24 hours a day in order to serve a hospital
                                                                               emergency room which is available to provide services 24 hours a
                                                                               day and 7 days a week.
                                                                                  (2)(A)(i) Except as provided in clause (v), subparagraph (B), and
                                                                               paragraph (4), the Secretary shall set the fee schedules at 60 per-
                                                                               cent (or, in the case of a test performed by a qualified hospital lab-
                                                                               oratory (as defined in paragraph (1)(D)) for outpatients of such hos-
                                                                               pital, 62 percent) of the prevailing charge level determined pursu-
                                                                               ant to the third and fourth sentences of section 1842(b)(3) for simi-
                                                                               lar clinical diagnostic laboratory tests for the applicable region,
                                                                               State, or area for the 12-month period beginning July 1, 1984, ad-
                                                                               justed annually (to become effective on January 1 of each year) by,
                                                                               subject to clause (iv), a percentage increase or decrease equal to the
                                                                               percentage increase or decrease in the Consumer Price Index for
                                                                               All Urban Consumers (United States city average) minus, for each
                                                                               of the years 2009 and 2010, 0.5 percentage points, and, for tests
                                                                               furnished before the dateof enactment of section 1834A, subject to
                                                                               such other adjustments as the Secretary determines are justified
                                                                               by technological changes.
                                                                                  (ii) Notwithstanding clause (i)—
                                                                                        (I) any change in the fee schedules which would have become
                                                                                     effective under this subsection for tests furnished on or after
                                                                                     January 1, 1988, shall not be effective for tests furnished dur-
                                                                                     ing the 3-month period beginning on January 1, 1988,
                                                                                        (II) the Secretary shall not adjust the fee schedules under
                                                                                     clause (i) to take into account any increase in the consumer
                                                                                     price index for 1988,
                                                                                        (III) the annual adjustment in the fee schedules determined
                                                                                     under clause (i) for each of the years 1991, 1992, and 1993
                                                                                     shall be 2 percent, and
                                                                                        (IV) the annual adjustment in the fee schedules determined
                                                                                     under clause (i) for each of the years 1994 and 1995, 1998
                                                                                     through 2002, and 2004 through 2008 shall be 0 percent.
                                                                                  (iii) In establishing fee schedules under clause (i) with respect to
                                                                               automated tests and tests (other than cytopathology tests) which
                                                                               before July 1, 1984, the Secretary made subject to a limit based on
                                                                               lowest charge levels under the sixth sentence of section 1842(b)(3)
                                                                               performed after March 31, 1988, the Secretary shall reduce by 8.3
                                                                               percent the fee schedules otherwise established for 1988, and such
                                                                               reduced fee schedules shall serve as the base for 1989 and subse-
                                                                               quent years.
                                                                                  (iv) After determining the adjustment to the fee schedules under
                                                                               clause (i), the Secretary shall reduce such adjustment—
                                                                                        (I) for 2011 and each subsequent year, by the productivity
                                                                                     adjustment described in section 1886(b)(3)(B)(xi)(II); and
                                                                                        (II) for each of 2011 through 2015, by 1.75 percentage points.
                                                                               Subclause (I) shall not apply in a year where the adjustment to the




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                                                                               fee schedules determined under clause (i) is 0.0 or a percentage de-




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                                                                               crease for a year. The application of the productivity adjustment
                                                                               under subclause (I) shall not result in an adjustment to the fee
                                                                               schedules under clause (i) being less than 0.0 for a year. The appli-
                                                                               cation of subclause (II) may result in an adjustment to the fee
                                                                               schedules under clause (i) being less than 0.0 for a year, and may
                                                                               result in payment rates for a year being less than such payment
                                                                               rates for the preceding year.
                                                                                  (v) The Secretary shall reduce by 2 percent the fee schedules oth-
                                                                               erwise determined under clause (i) for 2013, and such reduced fee
                                                                               schedules shall serve as the base for 2014 and subsequent years.
                                                                                  (B) The Secretary may make further adjustments or exceptions
                                                                               to the fee schedules to assure adequate reimbursement of (i) emer-
                                                                               gency laboratory tests needed for the provision of bona fide emer-
                                                                               gency services, and (ii) certain low volume high-cost tests where
                                                                               highly sophisticated equipment or extremely skilled personnel are
                                                                               necessary to assure quality.
                                                                                  (3) In addition to the amounts provided under the fee schedules
                                                                               (for tests furnished before January 1, 2017)or under section 1834A
                                                                               (for tests furnished on or afterJanuary 1, 2017), subject to sub-
                                                                               section (b)(5) of such section, the Secretary shall provide for and es-
                                                                               tablish (A) a nominal fee to cover the appropriate costs in collecting
                                                                               the sample on which a clinical diagnostic laboratory test was per-
                                                                               formed and for which payment is made under this part, except that
                                                                               not more than one such fee may be provided under this paragraph
                                                                               with respect to samples collected in the same encounter, and (B)
                                                                               a fee to cover the transportation and personnel expenses for
                                                                               trained personnel to travel to the location of an individual to collect
                                                                               the sample, except that such a fee may be provided only with re-
                                                                               spect to an individual who is homebound or an inpatient in an in-
                                                                               patient facility (other than a hospital). In establishing a fee to
                                                                               cover the transportation and personnel expenses for trained per-
                                                                               sonnel to travel to the location of an individual to collect a sample,
                                                                               the Secretary shall provide a method for computing the fee based
                                                                               on the number of miles traveled and the personnel costs associated
                                                                               with the collection of each individual sample, but the Secretary
                                                                               shall only be required to apply such method in the case of tests fur-
                                                                               nished during the period beginning on April 1, 1989, and ending
                                                                               on December 31, 1990, by a laboratory that establishes to the satis-
                                                                               faction of the Secretary (based on data for the 12-month period
                                                                               ending June 30, 1988) that (i) the laboratory is dependent upon
                                                                               payments under this title for at least 80 percent of its collected rev-
                                                                               enues for clinical diagnostic laboratory tests, (ii) at least 85 percent
                                                                               of its gross revenues for such tests are attributable to tests per-
                                                                               formed with respect to individuals who are homebound or who are
                                                                               residents in a nursing facility, and (iii) the laboratory provided
                                                                               such tests for residents in nursing facilities representing at least
                                                                               20 percent of the number of such facilities in the State in which
                                                                               the laboratory is located.
                                                                                  (4)(A) In establishing any fee schedule under this subsection, the
                                                                               Secretary may provide for an adjustment to take into account, with
                                                                               respect to the portion of the expenses of clinical diagnostic labora-
                                                                               tory tests attributable to wages, the relative difference between a
                                                                               region’s or local area’s wage rates and the wage rate presumed in




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                                                                               the data on which the schedule is based.




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                                                                                 (B) For purposes of subsections (a)(1)(D)(i) and (a)(2)(D)(i), the
                                                                               limitation amount for a clinical diagnostic laboratory test per-
                                                                               formed—
                                                                                      (i) on or after July 1, 1986, and before April 1, 1988, is equal
                                                                                   to 115 percent of the median of all the fee schedules estab-
                                                                                   lished for that test for that laboratory setting under paragraph
                                                                                   (1),
                                                                                      (ii) after March 31, 1988, and before January 1, 1990, is
                                                                                   equal to the median of all the fee schedules established for that
                                                                                   test for that laboratory setting under paragraph (1),
                                                                                      (iii) after December 31, 1989, and before January 1, 1991, is
                                                                                   equal to 93 percent of the median of all the fee schedules es-
                                                                                   tablished for that test for that laboratory setting under para-
                                                                                   graph (1),
                                                                                      (iv) after December 31, 1990, and before January 1, 1994, is
                                                                                   equal to 88 percent of such median,
                                                                                      (v) after December 31, 1993, and before January 1, 1995, is
                                                                                   equal to 84 percent of such median,
                                                                                      (vi) after December 31, 1994, and before January 1, 1996, is
                                                                                   equal to 80 percent of such median,
                                                                                      (vii) after December 31, 1995, and before January 1, 1998, is
                                                                                   equal to 76 percent of such median, and
                                                                                      (viii) after December 31, 1997, is equal to 74 percent of such
                                                                                   median (or 100 percent of such median in the case of a clinical
                                                                                   diagnostic laboratory test performed on or after January 1,
                                                                                   2001, that the Secretary determines is a new test for which no
                                                                                   limitation amount has previously been established under this
                                                                                   subparagraph).
                                                                                 (5)(A) In the case of a bill or request for payment for a clinical
                                                                               diagnostic laboratory test for which payment may otherwise be
                                                                               made under this part on an assignment-related basis or under a
                                                                               provider agreement under section 1866, payment may be made
                                                                               only to the person or entity which performed or supervised the per-
                                                                               formance of such test; except that—
                                                                                      (i) if a physician performed or supervised the performance of
                                                                                   such test, payment may be made to another physician with
                                                                                   whom he shares his practice,
                                                                                      (ii) in the case of a test performed at the request of a labora-
                                                                                   tory by another laboratory, payment may be made to the refer-
                                                                                   ring laboratory but only if—
                                                                                            (I) the referring laboratory is located in, or is part of, a
                                                                                         rural hospital,
                                                                                            (II) the referring laboratory is wholly owned by the enti-
                                                                                         ty performing such test, the referring laboratory wholly
                                                                                         owns the entity performing such test, or both the referring
                                                                                         laboratory and the entity performing such test are wholly-
                                                                                         owned by a third entity, or
                                                                                            (III) not more than 30 percent of the clinical diagnostic
                                                                                         laboratory tests for which such referring laboratory (but
                                                                                         not including a laboratory described in subclause (II)), re-
                                                                                         ceives requests for testing during the year in which the
                                                                                         test is performed are performed by another laboratory, and
                                                                                      (iii) in the case of a clinical diagnostic laboratory test pro-
                                                                                   vided under an arrangement (as defined in section 1861(w)(1))




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                                                                                    facility, payment shall be made to the hospital or skilled nurs-
                                                                                    ing facility.
                                                                                  (B) In the case of such a bill or request for payment for a clinical
                                                                               diagnostic laboratory test for which payment may otherwise be
                                                                               made under this part, and which is not described in subparagraph
                                                                               (A), payment may be made to the beneficiary only on the basis of
                                                                               the itemized bill of the person or entity which performed or super-
                                                                               vised the performance of the test.
                                                                                  (C) Payment for a clinical diagnostic laboratory test, including a
                                                                               test performed in a physician’s office but excluding a test per-
                                                                               formed by a rural health clinic may only be made on an assign-
                                                                               ment-related basis or to a provider of services with an agreement
                                                                               in effect under section 1866.
                                                                                  (D) A person may not bill for a clinical diagnostic laboratory test,
                                                                               including a test performed in a physician’s office but excluding a
                                                                               test performed by a rural health clinic, other than on an assign-
                                                                               ment-related basis. If a person knowingly and willfully and on a re-
                                                                               peated basis bills for a clinical diagnostic laboratory test in viola-
                                                                               tion of the previous sentence, the Secretary may apply sanctions
                                                                               against the person in the same manner as the Secretary may apply
                                                                               sanctions against a physician in accordance with paragraph (2) of
                                                                               section 1842(j) in the same manner such paragraphs apply with re-
                                                                               spect to a physician. Paragraph (4) of such section shall apply in
                                                                               this subparagraph in the same manner as such paragraph applies
                                                                               to such section.
                                                                                  (6) For tests furnished before January 1, 2017, inthe case of any
                                                                               diagnostic laboratory test payment for which is not made on the
                                                                               basis of a fee schedule under paragraph (1), the Secretary may es-
                                                                               tablish a payment rate which is acceptable to the person or entity
                                                                               performing the test and which would be considered the full charge
                                                                               for such tests. Such negotiated rate shall be limited to an amount
                                                                               not in excess of the total payment that would have been made for
                                                                               the services in the absence of such rate.
                                                                                  (7) Notwithstanding paragraphs (1) and (4)and section 1834A,
                                                                               the Secretary shall establish a national minimum payment amount
                                                                               under this part for a diagnostic or screening pap smear laboratory
                                                                               test (including all cervical cancer screening technologies that have
                                                                               been approved by the Food and Drug Administration as a primary
                                                                               screening method for detection of cervical cancer) equal to $14.60
                                                                               for tests furnished in 2000. For such tests furnished in subsequent
                                                                               years, such national minimum payment amount shall be adjusted
                                                                               annually as provided in paragraph (2).
                                                                                  (8)(A) The Secretary shall establish by regulation procedures for
                                                                               determining the basis for, and amount of, payment under this sub-
                                                                               section for any clinical diagnostic laboratory test with respect to
                                                                               which a new or substantially revised HCPCS code is assigned on
                                                                               or after January 1, 2005 (in this paragraph referred to as ‘‘new
                                                                               tests’’).
                                                                                  (B) Determinations under subparagraph (A) shall be made only
                                                                               after the Secretary—
                                                                                       (i) makes available to the public (through an Internet
                                                                                    website and other appropriate mechanisms) a list that includes
                                                                                    any such test for which establishment of a payment amount




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                                                                                    under this subsection is being considered for a year;




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                                                                                       (ii) on the same day such list is made available, causes to
                                                                                    have published in the Federal Register notice of a meeting to
                                                                                    receive comments and recommendations (and data on which
                                                                                    recommendations are based) from the public on the appro-
                                                                                    priate basis under this subsection for establishing payment
                                                                                    amounts for the tests on such list;
                                                                                       (iii) not less than 30 days after publication of such notice
                                                                                    convenes a meeting, that includes representatives of officials of
                                                                                    the Centers for Medicare & Medicaid Services involved in de-
                                                                                    termining payment amounts, to receive such comments and
                                                                                    recommendations (and data on which the recommendations are
                                                                                    based);
                                                                                       (iv) taking into account the comments and recommendations
                                                                                    (and accompanying data) received at such meeting, develops
                                                                                    and makes available to the public (through an Internet website
                                                                                    and other appropriate mechanisms) a list of proposed deter-
                                                                                    minations with respect to the appropriate basis for establishing
                                                                                    a payment amount under this subsection for each such code,
                                                                                    together with an explanation of the reasons for each such de-
                                                                                    termination, the data on which the determinations are based,
                                                                                    and a request for public written comments on the proposed de-
                                                                                    termination; and
                                                                                       (v) taking into account the comments received during the
                                                                                    public comment period, develops and makes available to the
                                                                                    public (through an Internet website and other appropriate
                                                                                    mechanisms) a list of final determinations of the payment
                                                                                    amounts for such tests under this subsection, together with the
                                                                                    rationale for each such determination, the data on which the
                                                                                    determinations are based, and responses to comments and sug-
                                                                                    gestions received from the public.
                                                                                 (C) Under the procedures established pursuant to subparagraph
                                                                               (A), the Secretary shall—
                                                                                       (i) set forth the criteria for making determinations under
                                                                                    subparagraph (A); and
                                                                                       (ii) make available to the public the data (other than propri-
                                                                                    etary data) considered in making such determinations.
                                                                                 (D) The Secretary may convene such further public meetings to
                                                                               receive public comments on payment amounts for new tests under
                                                                               this subsection as the Secretary deems appropriate.
                                                                                 (E) For purposes of this paragraph:
                                                                                       (i) The term ‘‘HCPCS’’ refers to the Health Care Procedure
                                                                                    Coding System.
                                                                                       (ii) A code shall be considered to be ‘‘substantially revised’’
                                                                                    if there is a substantive change to the definition of the test or
                                                                                    procedure to which the code applies (such as a new analyte or
                                                                                    a new methodology for measuring an existing analyte-specific
                                                                                    test).
                                                                                 (9) Notwithstanding any other provision in this part, in the case
                                                                               of any diagnostic laboratory test for HbA1c that is labeled by the
                                                                               Food and Drug Administration for home use and is furnished on
                                                                               or after April 1, 2008, the payment rate for such test shall be the
                                                                               payment rate established under this part for a glycated hemoglobin
                                                                               test (identified as of October 1, 2007, by HCPCS code 83036 (and




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                                                                               any succeeding codes)).




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                                                                                  (i)(1) The Secretary shall, in consultation with appropriate med-
                                                                               ical organizations—
                                                                                        (A) specify those surgical procedures which are appropriately
                                                                                     (when considered in terms of the proper utilization of hospital
                                                                                     inpatient facilities) performed on an inpatient basis in a hos-
                                                                                     pital but which also can be performed safely on an ambulatory
                                                                                     basis in an ambulatory surgical center (meeting the standards
                                                                                     specified under section 1832(a)(2)(F)(i)), critical access hospital,
                                                                                     or hospital outpatient department, and
                                                                                        (B) specify those surgical procedures which are appropriately
                                                                                     (when considered in terms of the proper utilization of hospital
                                                                                     inpatient facilities) performed on an inpatient basis in a hos-
                                                                                     pital but which also can be performed safely on an ambulatory
                                                                                     basis in a physician’s office.
                                                                               The lists of procedures established under subparagraphs (A) and
                                                                               (B) shall be reviewed and updated not less often than every 2
                                                                               years, in consultation with appropriate trade and professional orga-
                                                                               nizations.
                                                                                  (2)(A) For services furnished prior to the implementation of the
                                                                               system described in subparagraph (D), subject to subparagraph (E),
                                                                               the amount of payment to be made for facility services furnished
                                                                               in connection with a surgical procedure specified pursuant to para-
                                                                               graph (1)(A) and furnished to an individual in an ambulatory sur-
                                                                               gical center described in such paragraph shall be equal to 80 per-
                                                                               cent of a standard overhead amount established by the Secretary
                                                                               (with respect to each such procedure) on the basis of the Sec-
                                                                               retary’s estimate of a fair fee which—
                                                                                        (i) takes into account the costs incurred by such centers, or
                                                                                     classes of centers, generally in providing services furnished in
                                                                                     connection with the performance of such procedure, as deter-
                                                                                     mined in accordance with a survey (based upon a representa-
                                                                                     tive sample of procedures and facilities) of the actual audited
                                                                                     costs incurred by such centers in providing such services,
                                                                                        (ii) takes such costs into account in such a manner as will
                                                                                     assure that the performance of the procedure in such a center
                                                                                     will result in substantially less amounts paid under this title
                                                                                     than would have been paid if the procedure had been per-
                                                                                     formed on an inpatient basis in a hospital, and
                                                                                        (iii) in the case of insertion of an intraocular lens during or
                                                                                     subsequent to cataract surgery includes payment which is rea-
                                                                                     sonable and related to the cost of acquiring the class of lens
                                                                                     involved.
                                                                               Each amount so established shall be reviewed and updated not
                                                                               later than July 1, 1987, and annually thereafter to take account of
                                                                               varying conditions in different areas.
                                                                                  (B) The amount of payment to be made under this part for facil-
                                                                               ity services furnished, in connection with a surgical procedure spec-
                                                                               ified pursuant to paragraph (1)(B), in a physician’s office shall be
                                                                               equal to 80 percent of a standard overhead amount established by
                                                                               the Secretary (with respect to each such procedure) on the basis of
                                                                               the Secretary’s estimate of a fair fee which—
                                                                                        (i) takes into account additional costs, not usually included
                                                                                     in the professional fee, incurred by physicians in securing,




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                                                                                     appropriate for the performance of such procedure in the physi-
                                                                                     cian’s office, and
                                                                                        (ii) takes such items into account in such a manner which
                                                                                     will assure that the performance of such procedure in the phy-
                                                                                     sician’s office will result in substantially less amounts paid
                                                                                     under this title than would have been paid if the services had
                                                                                     been furnished on an inpatient basis in a hospital.
                                                                               Each amount so established shall be reviewed and updated not
                                                                               later than July 1, 1987, and annually thereafter to take account of
                                                                               varying conditions in different areas.
                                                                                  (C)(i) Notwithstanding the second sentence of each of subpara-
                                                                               graphs (A) and (B), except as otherwise specified in clauses (ii),
                                                                               (iii), and (iv), if the Secretary has not updated amounts established
                                                                               under such subparagraphs or under subparagraph (D), with respect
                                                                               to facility services furnished during a fiscal year (beginning with
                                                                               fiscal year 1986 or a calendar year (beginning with 2006)), such
                                                                               amounts shall be increased by the percentage increase in the Con-
                                                                               sumer Price Index for all urban consumers (U.S. city average) as
                                                                               estimated by the Secretary for the 12-month period ending with the
                                                                               midpoint of the year involved.
                                                                                  (ii) In each of the fiscal years 1998 through 2002, the increase
                                                                               under this subparagraph shall be reduced (but not below zero) by
                                                                               2.0 percentage points.
                                                                                  (iii) In fiscal year 2004, beginning with April 1, 2004, the in-
                                                                               crease under this subparagraph shall be the Consumer Price Index
                                                                               for all urban consumers (U.S. city average) as estimated by the
                                                                               Secretary for the 12-month period ending with March 31, 2003,
                                                                               minus 3.0 percentage points.
                                                                                  (iv) In fiscal year 2005, the last quarter of calendar year 2005,
                                                                               and each of calendar years 2006 through 2009, the increase under
                                                                               this subparagraph shall be 0 percent.
                                                                                  (D)(i) Taking into account the recommendations in the report
                                                                               under section 626(d) of Medicare Prescription Drug, Improvement,
                                                                               and Modernization Act of 2003, the Secretary shall implement a re-
                                                                               vised payment system for payment of surgical services furnished in
                                                                               ambulatory surgical centers.
                                                                                  (ii) In the year the system described in clause (i) is implemented,
                                                                               such system shall be designed to result in the same aggregate
                                                                               amount of expenditures for such services as would be made if this
                                                                               subparagraph did not apply, as estimated by the Secretary and
                                                                               taking into account reduced expenditures that would apply if sub-
                                                                               paragraph (E) were to continue to apply, as estimated by the Sec-
                                                                               retary.
                                                                                  (iii) The Secretary shall implement the system described in
                                                                               clause (i) for periods in a manner so that it is first effective begin-
                                                                               ning on or after January 1, 2006, and not later than January 1,
                                                                               2008.
                                                                                  (iv) The Secretary may implement such system in a manner so
                                                                               as to provide for a reduction in any annual update for failure to
                                                                               report on quality measures in accordance with paragraph (7).
                                                                                        (v) In implementing the system described in clause (i) for
                                                                                     2011 and each subsequent year, any annual update under such
                                                                                     system for the year, after application of clause (iv), shall be re-
                                                                                     duced by the productivity adjustment described in section




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                                                                                     1886(b)(3)(B)(xi)(II). The application of the preceding sentence




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                                                                                     may result in such update being less than 0.0 for a year, and
                                                                                     may result in payment rates under the system described in
                                                                                     clause (i) for a year being less than such payment rates for the
                                                                                     preceding year.
                                                                                  (vi) There shall be no administrative or judicial review under sec-
                                                                               tion 1869, 1878, or otherwise, of the classification system, the rel-
                                                                               ative weights, payment amounts, and the geographic adjustment
                                                                               factor, if any, under this subparagraph.
                                                                                  (E) With respect to surgical procedures furnished on or after Jan-
                                                                               uary 1, 2007, and before the effective date of the implementation
                                                                               of a revised payment system under subparagraph (D), if—
                                                                                        (i) the standard overhead amount under subparagraph (A)
                                                                                     for a facility service for such procedure, without the application
                                                                                     of any geographic adjustment, exceeds
                                                                                        (ii) the Medicare OPD fee schedule amount established
                                                                                     under the prospective payment system for hospital outpatient
                                                                                     department services under paragraph (3)(D) of section 1833(t)
                                                                                     for such service for such year, determined without regard to
                                                                                     geographic adjustment under paragraph (2)(D) of such section,
                                                                               the Secretary shall substitute under subparagraph (A) the amount
                                                                               described in clause (ii) for the standard overhead amount for such
                                                                               service referred to in clause (i).
                                                                                  (3)(A) The aggregate amount of the payments to be made under
                                                                               this part for outpatient hospital facility services or critical access
                                                                               hospital services furnished before January 1, 1999, in connection
                                                                               with surgical procedures specified under paragraph (1)(A) shall be
                                                                               equal to the lesser of—
                                                                                        (i) the amount determined with respect to such services
                                                                                     under subsection (a)(2)(B); or
                                                                                        (ii) the blend amount (described in subparagraph (B)).
                                                                                  (B)(i) The blend amount for a cost reporting period is the sum
                                                                               of—
                                                                                        (I) the cost proportion (as defined in clause (ii)(I)) of the
                                                                                     amount described in subparagraph (A)(i), and
                                                                                        (II) the ASC proportion (as defined in clause (ii)(II)) of the
                                                                                     standard overhead amount payable with respect to the same
                                                                                     surgical procedure as if it were provided in an ambulatory sur-
                                                                                     gical center in the same area, as determined under paragraph
                                                                                     (2)(A), less the amount a provider may charge as described in
                                                                                     clause (ii) of section 1866(a)(2)(A).
                                                                                  (ii) Subject to paragraph (4), in this paragraph:
                                                                                        (I) The term ‘‘cost proportion’’ means 75 percent for cost re-
                                                                                     porting periods beginning in fiscal year 1988, 50 percent for
                                                                                     portions of cost reporting periods beginning on or after October
                                                                                     1, 1988, and ending on or before December 31, 1990, and 42
                                                                                     percent for portions of cost reporting periods beginning on or
                                                                                     after January 1, 1991.
                                                                                        (II) The term ‘‘ASC proportion’’ means 25 percent for cost re-
                                                                                     porting periods beginning in fiscal year 1988, 50 percent for
                                                                                     portions of cost reporting periods beginning on or after October
                                                                                     1, 1988, and ending on or before December 31, 1990, and 58
                                                                                     percent for portions of cost reporting periods beginning on or
                                                                                     after January 1, 1991.




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                                                                                  (4)(A) In the case of a hospital that—




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                                                                                       (i) makes application to the Secretary and demonstrates that
                                                                                    it specializes in eye services or eye and ear services (as deter-
                                                                                    mined by the Secretary),
                                                                                       (ii) receives more than 30 percent of its total revenues from
                                                                                    outpatient services, and
                                                                                       (iii) on October 1, 1987—
                                                                                             (I) was an eye specialty hospital or an eye and ear spe-
                                                                                          cialty hospital, or
                                                                                             (II) was operated as an eye or eye and ear unit (as de-
                                                                                          fined in subparagraph (B)) of a general acute care hospital
                                                                                          which, on the date of the application described in clause
                                                                                          (i), operates less than 20 percent of the beds that the hos-
                                                                                          pital operated on October 1, 1987, and has sold or other-
                                                                                          wise disposed of a substantial portion of the hospital’s
                                                                                          other acute care operations,
                                                                               the cost proportion and ASC proportion in effect under subclauses
                                                                               (I) and (II) of paragraph (3)(B)(ii) for cost reporting periods begin-
                                                                               ning in fiscal year 1988 shall remain in effect for cost reporting pe-
                                                                               riods beginning on or after October 1, 1988, and before January 1,
                                                                               1995.
                                                                                  (B) For purposes of this subparagraph (A)(iii)(II), the term ‘‘eye
                                                                               or eye and ear unit’’ means a physically separate or distinct unit
                                                                               containing separate surgical suites devoted solely to eye or eye and
                                                                               ear services.
                                                                                  (5)(A) The Secretary is authorized to provide by regulations that
                                                                               in the case of a surgical procedure, specified by the Secretary pur-
                                                                               suant to paragraph (1)(A), performed in an ambulatory surgical
                                                                               center described in such paragraph, there shall be paid (in lieu of
                                                                               any amounts otherwise payable under this part) with respect to the
                                                                               facility services furnished by such center and with respect to all re-
                                                                               lated services (including physicians’ services, laboratory, X-ray, and
                                                                               diagnostic services) a single all-inclusive fee established pursuant
                                                                               to subparagraph (B), if all parties furnishing all such services agree
                                                                               to accept such fee (to be divided among the parties involved in such
                                                                               manner as they shall have previously agreed upon) as full payment
                                                                               for the services furnished.
                                                                                  (B) In implementing this paragraph, the Secretary shall establish
                                                                               with respect to each surgical procedure specified pursuant to para-
                                                                               graph (1)(A) the amount of the all-inclusive fee for such procedure,
                                                                               taking into account such factors as may be appropriate. The
                                                                               amount so established with respect to any surgical procedure shall
                                                                               be reviewed periodically and may be adjusted by the Secretary,
                                                                               when appropriate, to take account of varying conditions in different
                                                                               areas.
                                                                                  (6) Any person, including a facility having an agreement under
                                                                               section 1832(a)(2)(F)(i), who knowingly and willfully presents, or
                                                                               causes to be presented, a bill or request for payment, for an intra-
                                                                               ocular lens inserted during or subsequent to cataract surgery for
                                                                               which payment may be made under paragraph (2)(A)(iii), is subject
                                                                               to a civil money penalty of not to exceed $2,000. The provisions of
                                                                               section 1128A (other than subsections (a) and (b)) shall apply to a
                                                                               civil money penalty under the previous sentence in the same man-
                                                                               ner as such provisions apply to a penalty or proceeding under sec-




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                                                                               tion 1128A(a).




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                                                                                  (7)(A) For purposes of paragraph (2)(D)(iv), the Secretary may
                                                                               provide, in the case of an ambulatory surgical center that does not
                                                                               submit, to the Secretary in accordance with this paragraph, data
                                                                               required to be submitted on measures selected under this para-
                                                                               graph with respect to a year, any annual increase provided under
                                                                               the system established under paragraph (2)(D) for such year shall
                                                                               be reduced by 2.0 percentage points. A reduction under this sub-
                                                                               paragraph shall apply only with respect to the year involved and
                                                                               the Secretary shall not take into account such reduction in com-
                                                                               puting any annual increase factor for a subsequent year.
                                                                                  (B) Except as the Secretary may otherwise provide, the provi-
                                                                               sions of subparagraphs (B), (C), (D), and (E) of paragraph (17) of
                                                                               section 1833(t) shall apply with respect to services of ambulatory
                                                                               surgical centers under this paragraph in a similar manner to the
                                                                               manner in which they apply under such paragraph and, for pur-
                                                                               poses of this subparagraph, any reference to a hospital, outpatient
                                                                               setting, or outpatient hospital services is deemed a reference to an
                                                                               ambulatory surgical center, the setting of such a center, or services
                                                                               of such a center, respectively.
                                                                                  (8) The Secretary shall conduct a similar type of review as re-
                                                                               quired under paragraph (22) of section 1833(t)), including the sec-
                                                                               ond sentence of subparagraph (C) of such paragraph, to payment
                                                                               for services under this subsection, and make such revisions under
                                                                               this paragraph, in an appropriate manner (as determined by the
                                                                               Secretary).
                                                                                  (j) Whenever a final determination is made that the amount of
                                                                               payment made under this part either to a provider of services or
                                                                               to another person pursuant to an assignment under section
                                                                               1842(b)(3)(B)(ii) was in excess of or less than the amount of pay-
                                                                               ment that is due, and payment of such excess or deficit is not made
                                                                               (or effected by offset) within 30 days of the date of the determina-
                                                                               tion, interest shall accrue on the balance of such excess or deficit
                                                                               not paid or offset (to the extent that the balance is owed by or
                                                                               owing to the provider) at a rate determined in accordance with the
                                                                               regulations of the Secretary of the Treasury applicable to charges
                                                                               for late payments (or, in the case of such a determination made
                                                                               with respect to a payment made on or after the date of the enact-
                                                                               ment of the CARES Act and during the period at the end of the
                                                                               emergency sentence described in section 1135(g)(1)(B) under the
                                                                               program described in section 421.214 of title 42, Code of Federal
                                                                               Regulations (or any successor regulation), at a rate of 4 percent).
                                                                                  (k) With respect to services described in section 1861(s)(10)(B),
                                                                               the Secretary may provide, instead of the amount of payment oth-
                                                                               erwise provided under this part, for payment of such an amount or
                                                                               amounts as reasonably reflects the general cost of efficiently pro-
                                                                               viding such services.
                                                                                  (l)(1)(A) The Secretary shall establish a fee schedule for services
                                                                               of certified registered nurse anesthetists under section 1861(s)(11).
                                                                                  (B) In establishing the fee schedule under this paragraph the
                                                                               Secretary may utilize a system of time units, a system of base and
                                                                               time units, or any appropriate methodology.
                                                                                  (C) The provisions of this subsection shall not apply to certain
                                                                               services furnished in certain hospitals in rural areas under the pro-




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                                                                               of 1986, as amended by section 6132 of the Omnibus Budget Rec-
                                                                               onciliation Act of 1989.
                                                                                  (2) Except as provided in paragraph (3), the fee schedule estab-
                                                                               lished under paragraph (1) shall be initially based on audited data
                                                                               from cost reporting periods ending in fiscal year 1985 and such
                                                                               other data as the Secretary determines necessary.
                                                                                  (3)(A) In establishing the initial fee schedule for those services,
                                                                               the Secretary shall adjust the fee schedule to the extent necessary
                                                                               to ensure that the estimated total amount which will be paid under
                                                                               this title for those services plus applicable coinsurance in 1989 will
                                                                               equal the estimated total amount which would be paid under this
                                                                               title for those services in 1989 if the services were included as in-
                                                                               patient hospital services and payment for such services was made
                                                                               under part A in the same manner as payment was made in fiscal
                                                                               year 1987, adjusted to take into account changes in prices and
                                                                               technology relating to the administration of anesthesia.
                                                                                  (B) The Secretary shall also reduce the prevailing charge of phy-
                                                                               sicians for medical direction of a certified registered nurse anes-
                                                                               thetist, or the fee schedule for services of certified registered nurse
                                                                               anesthetists, or both, to the extent necessary to ensure that the es-
                                                                               timated total amount which will be paid under this title plus appli-
                                                                               cable coinsurance for such medical direction and such services in
                                                                               1989 and 1990 will not exceed the estimated total amount which
                                                                               would have been paid plus applicable coinsurance but for the enact-
                                                                               ment of the amendments made by section 9320 of the Omnibus
                                                                               Budget Reconciliation Act of 1986. A reduced prevailing charge
                                                                               under this subparagraph shall become the prevailing charge but for
                                                                               subsequent years for purposes of applying the economic index
                                                                               under the fourth sentence of section 1842(b)(3).
                                                                                  (4)(A) Except as provided in subparagraphs (C) and (D), in deter-
                                                                               mining the amount paid under the fee schedule under this sub-
                                                                               section for services furnished on or after January 1, 1991, by a cer-
                                                                               tified registered nurse anesthetist who is not medically directed—
                                                                                       (i) the conversion factor shall be—
                                                                                             (I) for services furnished in 1991, $15.50,
                                                                                             (II) for services furnished in 1992, $15.75,
                                                                                             (III) for services furnished in 1993, $16.00,
                                                                                             (IV) for services furnished in 1994, $16.25,
                                                                                             (V) for services furnished in 1995, $16.50,
                                                                                             (VI) for services furnished in 1996, $16.75, and
                                                                                             (VII) for services furnished in calendar years after 1996,
                                                                                          the previous year’s conversion factor increased by the up-
                                                                                          date determined under section 1848(d) for physician anes-
                                                                                          thesia services for that year;
                                                                                       (ii) the payment areas to be used shall be the fee schedule
                                                                                    areas used under section 1848 (or, in the case of services fur-
                                                                                    nished during 1991, the localities used under section 1842(b))
                                                                                    for purposes of computing payments for physicians’ services
                                                                                    that are anesthesia services;
                                                                                       (iii) the geographic adjustment factors to be applied to the
                                                                                    conversion factor under clause (i) for services in a fee schedule
                                                                                    area or locality is—
                                                                                             (I) in the case of services furnished in 1991, the geo-
                                                                                          graphic work index value and the geographic practice cost




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                                                                                          index value specified in section 1842(q)(1)(B) for physi-




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                                                                                           cians’ services that are anesthesia services furnished in
                                                                                           the area or locality, and
                                                                                              (II) in the case of services furnished after 1991, the geo-
                                                                                           graphic work index value, the geographic practice cost
                                                                                           index value, and the geographic malpractice index value
                                                                                           used for determining payments for physicians’ services
                                                                                           that are anesthesia services under section 1848,
                                                                                     with 70 percent of the conversion factor treated as attributable
                                                                                     to work and 30 percent as attributable to overhead for services
                                                                                     furnished in 1991 (and the portions attributable to work, prac-
                                                                                     tice expenses, and malpractice expenses in 1992 and thereafter
                                                                                     being the same as is applied under section 1848).
                                                                                  (B)(i) Except as provided in clause (ii) and subparagraph (D), in
                                                                               determining the amount paid under the fee schedule under this
                                                                               subsection for services furnished on or after January 1, 1991, and
                                                                               before January 1, 1994, by a certified registered nurse anesthetist
                                                                               who is medically directed, the Secretary shall apply the same
                                                                               methodology specified in subparagraph (A).
                                                                                  (ii) The conversion factor used under clause (i) shall be—
                                                                                        (I) for services furnished in 1991, $10.50,
                                                                                        (II) for services furnished in 1992, $10.75, and
                                                                                        (III) for services furnished in 1993, $11.00.
                                                                                  (iii) In the case of services of a certified registered nurse anes-
                                                                               thetist who is medically directed or medically supervised by a phy-
                                                                               sician which are furnished on or after January 1, 1994, the fee
                                                                               schedule amount shall be one-half of the amount described in sec-
                                                                               tion 1848(a)(5)(B) with respect to the physician.
                                                                                  (C) Notwithstanding subclauses (I) through (V) of subparagraph
                                                                               (A)(i)—
                                                                                        (i) in the case of a 1990 conversion factor that is greater than
                                                                                     $16.50, the conversion factor for a calendar year after 1990 and
                                                                                     before 1996 shall be the 1990 conversion factor reduced by the
                                                                                     product of the last digit of the calendar year and one-fifth of
                                                                                     the amount by which the 1990 conversion factor exceeds
                                                                                     $16.50; and
                                                                                        (ii) in the case of a 1990 conversion factor that is greater
                                                                                     than $15.49 but less than $16.51, the conversion factor for a
                                                                                     calendar year after 1990 and before 1996 shall be the greater
                                                                                     of—
                                                                                              (I) the 1990 conversion factor, or
                                                                                              (II) the conversion factor specified in subparagraph (A)(i)
                                                                                           for the year involved.
                                                                                  (D) Notwithstanding subparagraph (C), in no case may the con-
                                                                               version factor used to determine payment for services in a fee
                                                                               schedule area or locality under this subsection, as adjusted by the
                                                                               adjustment factors specified in subparagraphs (A)(iii), exceed the
                                                                               conversion factor used to determine the amount paid for physicians’
                                                                               services that are anesthesia services in the area or locality.
                                                                                  (5)(A) Payment for the services of a certified registered nurse an-
                                                                               esthetist (for which payment may otherwise be made under this
                                                                               part) may be made on the basis of a claim or request for payment
                                                                               presented by the certified registered nurse anesthetist furnishing
                                                                               such services, or by a hospital, critical access hospital, physician,
                                                                               group practice, or ambulatory surgical center with which the cer-




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                                                                               tified registered nurse anesthetist furnishing such services has an




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                                                                               employment or contractual relationship that provides for payment
                                                                               to be made under this part for such services to such hospital, crit-
                                                                               ical access hospital, physician, group practice, or ambulatory sur-
                                                                               gical center.
                                                                                  (B) No hospital or critical access hospital that presents a claim
                                                                               or request for payment for services of a certified nurse anesthetist
                                                                               under this part may treat any uncollected coinsurance amount im-
                                                                               posed under this part with respect to such services as a bad debt
                                                                               of such hospital or critical access hospital for purposes of this title.
                                                                                  (6) If an adjustment under paragraph (3)(B) results in a reduc-
                                                                               tion in the reasonable charge for a physicians’ service and a non-
                                                                               participating physician furnishes the service to an individual enti-
                                                                               tled to benefits under this part after the effective date of the reduc-
                                                                               tion, the physician’s actual charge is subject to a limit under sec-
                                                                               tion 1842(j)(1)(D).
                                                                                  (m)(1) In the case of physicians’ services furnished in a year to
                                                                               an individual, who is covered under the insurance program estab-
                                                                               lished by this part and who incurs expenses for such services, in
                                                                               an area that is designated (under section 332(a)(1)(A) of the Public
                                                                               Health Service Act) as a health professional shortage area as iden-
                                                                               tified by the Secretary prior to the beginning of such year, in addi-
                                                                               tion to the amount otherwise paid under this part, there also shall
                                                                               be paid to the physician (or to an employer or facility in the cases
                                                                               described in clause (A) of section 1842(b)(6)) (on a monthly or quar-
                                                                               terly basis) from the Federal Supplementary Medical Insurance
                                                                               Trust Fund an amount equal to 10 percent of the payment amount
                                                                               for the service under this part.
                                                                                  (2) For each health professional shortage area identified in para-
                                                                               graph (1) that consists of an entire county, the Secretary shall pro-
                                                                               vide for the additional payment under paragraph (1) without any
                                                                               requirement on the physician to identify the health professional
                                                                               shortage area involved. The Secretary may implement the previous
                                                                               sentence using the method specified in subsection (u)(4)(C).
                                                                                  (3) The Secretary shall post on the Internet website of the Cen-
                                                                               ters for Medicare & Medicaid Services a list of the health profes-
                                                                               sional shortage areas identified in paragraph (1) that consist of a
                                                                               partial county to facilitate the additional payment under paragraph
                                                                               (1) in such areas.
                                                                                  (4) There shall be no administrative or judicial review under sec-
                                                                               tion 1869, section 1878, or otherwise, respecting—
                                                                                       (A) the identification of a county or area;
                                                                                       (B) the assignment of a specialty of any physician under this
                                                                                    paragraph;
                                                                                       (C) the assignment of a physician to a county under this sub-
                                                                                    section; or
                                                                                       (D) the assignment of a postal ZIP Code to a county or other
                                                                                    area under this subsection.
                                                                                  (n)(1)(A) The aggregate amount of the payments to be made for
                                                                               all or part of a cost reporting period for services described in sub-
                                                                               section (a)(2)(E)(i) furnished under this part on or after October 1,
                                                                               1988, and before January 1, 1999, and for services described in
                                                                               subsection (a)(2)(E)(ii) furnished under this part on or after October
                                                                               1, 1989, and before January 1, 1999, shall be equal to the lesser




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                                                                               of—




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                                                                                       (i) the amount determined with respect to such services
                                                                                    under subsection (a)(2)(B), or
                                                                                       (ii) the blend amount for radiology services and diagnostic
                                                                                    procedures determined in accordance with subparagraph (B).
                                                                                 (B)(i) The blend amount for radiology services and diagnostic pro-
                                                                               cedures for a cost reporting period is the sum of—
                                                                                       (I) the cost proportion (as defined in clause (ii)) of the
                                                                                    amount described in subparagraph (A)(i); and
                                                                                       (II) the charge proportion (as defined in clause (ii)(II)) of 62
                                                                                    percent (for services described in subsection (a)(2)(E)(i)), or (for
                                                                                    procedures described in subsection (a)(2)(E)(ii)), 42 percent or
                                                                                    such other percent established by the Secretary (or carriers
                                                                                    acting pursuant to guidelines issued by the Secretary) based on
                                                                                    prevailing charges established with actual charge data, of the
                                                                                    prevailing charge or (for services described in subsection
                                                                                    (a)(2)(E)(i) furnished on or after January 1, 1989) the fee
                                                                                    schedule amount established for participating physicians for
                                                                                    the same services as if they were furnished in a physician’s of-
                                                                                    fice in the same locality as determined under section 1842(b),
                                                                                    less the amount a provider may charge as described in clause
                                                                                    (ii) of section 1866(a)(2)(A).
                                                                                 (ii) In this subparagraph:
                                                                                       (I) The term ‘‘cost proportion’’ means 50 percent, except that
                                                                                    such term means 65 percent in the case of outpatient radiology
                                                                                    services for portions of cost reporting periods which occur in
                                                                                    fiscal year 1989 and in the case of diagnostic procedures de-
                                                                                    scribed in subsection (a)(2)(E)(ii) for portions of cost reporting
                                                                                    periods which occur in fiscal year 1990, and such term means
                                                                                    42 percent in the case of outpatient radiology services for por-
                                                                                    tions of cost reporting periods beginning on or after January 1,
                                                                                    1991.
                                                                                       (II) The term ‘‘charge proportion’’ means 100 percent minus
                                                                                    the cost proportion.
                                                                                 (o)(1) In the case of shoes described in section 1861(s)(12)—
                                                                                       (A) no payment may be made under this part, with respect
                                                                                    to any individual for any year, for the furnishing of—
                                                                                            (i) more than one pair of custom molded shoes (including
                                                                                          inserts provided with such shoes) and 2 additional pairs of
                                                                                          inserts for such shoes, or
                                                                                            (ii) more than one pair of extra-depth shoes (not includ-
                                                                                          ing inserts provided with such shoes) and 3 pairs of inserts
                                                                                          for such shoes, and
                                                                                       (B) with respect to expenses incurred in any calendar year,
                                                                                    no more than the amount of payment applicable under para-
                                                                                    graph (2) shall be considered as incurred expenses for purposes
                                                                                    of subsections (a) and (b).
                                                                               Payment for shoes (or inserts) under this part shall be considered
                                                                               to include payment for any expenses for the fitting of such shoes
                                                                               (or inserts).
                                                                                 (2)(A) Except as provided by the Secretary under subparagraphs
                                                                               (B) and (C), the amount of payment under this paragraph for cus-
                                                                               tom molded shoes, extra-depth shoes, and inserts shall be the
                                                                               amount determined for such items by the Secretary under section




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                                                                               1834(h).




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                                                                                  (B) The Secretary may establish payment amounts for shoes and
                                                                               inserts that are lower than the amount established under section
                                                                               1834(h) if the Secretary finds that shoes and inserts of an appro-
                                                                               priate quality are readily available at or below the amount estab-
                                                                               lished under such section.
                                                                                  (C) In accordance with procedures established by the Secretary,
                                                                               an individual entitled to benefits with respect to shoes described in
                                                                               section 1861(s)(12) may substitute modification of such shoes in-
                                                                               stead of obtaining one (or more, as specified by the Secretary) pair
                                                                               of inserts (other than the original pair of inserts with respect to
                                                                               such shoes). In such case, the Secretary shall substitute, for the
                                                                               payment amount established under section 1834(h), a payment
                                                                               amount that the Secretary estimates will assure that there is no
                                                                               net increase in expenditures under this subsection as a result of
                                                                               this subparagraph.
                                                                                  (3) In this title, the term ‘‘shoes’’ includes, except for purposes of
                                                                               subparagraphs (A)(ii) and (B) of paragraph (2), inserts for extra-
                                                                               depth shoes.
                                                                                  (q)(1) Each request for payment, or bill submitted, for an item or
                                                                               service furnished by an entity for which payment may be made
                                                                               under this part and for which the entity knows or has reason to
                                                                               believe there has been a referral by a referring physician (within
                                                                               the meaning of section 1877) shall include the name and unique
                                                                               physician identification number for the referring physician.
                                                                                  (2)(A) In the case of a request for payment for an item or service
                                                                               furnished by an entity under this part on an assignment-related
                                                                               basis and for which information is required to be provided under
                                                                               paragraph (1) but not included, payment may be denied under this
                                                                               part.
                                                                                  (B) In the case of a request for payment for an item or service
                                                                               furnished by an entity under this part not submitted on an assign-
                                                                               ment-related basis and for which information is required to be pro-
                                                                               vided under paragraph (1) but not included—
                                                                                       (i) if the entity knowingly and willfully fails to provide such
                                                                                     information promptly upon request of the Secretary or a car-
                                                                                     rier, the entity may be subject to a civil money penalty in an
                                                                                     amount not to exceed $2,000, and
                                                                                       (ii) if the entity knowingly, willfully, and in repeated cases
                                                                                     fails, after being notified by the Secretary of the obligations
                                                                                     and requirements of this subsection to provide the information
                                                                                     required under paragraph (1), the entity may be subject to ex-
                                                                                     clusion from participation in the programs under this Act for
                                                                                     a period not to exceed 5 years, in accordance with the proce-
                                                                                     dures of subsections (c), (f), and (g) of section 1128.
                                                                               The provisions of section 1128A (other than subsections (a) and (b))
                                                                               shall apply to civil money penalties under clause (i) in the same
                                                                               manner as they apply to a penalty or proceeding under section
                                                                               1128A(a).
                                                                                  (r)(1) With respect to services described in section
                                                                               1861(s)(2)(K)(ii) (relating to nurse practitioner or clinical nurse spe-
                                                                               cialist services), payment may be made on the basis of a claim or
                                                                               request for payment presented by the nurse practitioner or clinical
                                                                               nurse specialist furnishing such services, or by a hospital, critical
                                                                               access hospital, skilled nursing facility or nursing facility (as de-




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                                                                               fined in section 1919(a)), physician, group practice, or ambulatory




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                                                                               surgical center with which the nurse practitioner or clinical nurse
                                                                               specialist has an employment or contractual relationship that pro-
                                                                               vides for payment to be made under this part for such services to
                                                                               such hospital, physician, group practice, or ambulatory surgical
                                                                               center.
                                                                                  (2) No hospital or critical access hospital that presents a claim
                                                                               or request for payment under this part for services described in
                                                                               section 1861(s)(2)(K)(ii) may treat any uncollected coinsurance
                                                                               amount imposed under this part with respect to such services as
                                                                               a bad debt of such hospital for purposes of this title.
                                                                                  (s) The Secretary may not provide for payment under subsection
                                                                               (a)(1)(A) with respect to an organization unless the organization
                                                                               provides assurances satisfactory to the Secretary that the organiza-
                                                                               tion meets the requirement of section 1866(f) (relating to maintain-
                                                                               ing written policies and procedures respecting advance directives).
                                                                                  (t) PROSPECTIVE PAYMENT SYSTEM FOR HOSPITAL OUTPATIENT
                                                                               DEPARTMENT SERVICES.—
                                                                                       (1) AMOUNT OF PAYMENT.—
                                                                                            (A) IN GENERAL.—With respect to covered OPD services
                                                                                         (as defined in subparagraph (B)) furnished during a year
                                                                                         beginning with 1999, the amount of payment under this
                                                                                         part shall be determined under a prospective payment sys-
                                                                                         tem established by the Secretary in accordance with this
                                                                                         subsection.
                                                                                            (B) DEFINITION OF COVERED OPD SERVICES.—For pur-
                                                                                         poses of this subsection, the term ‘‘covered OPD serv-
                                                                                         ices’’—
                                                                                                 (i) means hospital outpatient services designated by
                                                                                              the Secretary;
                                                                                                 (ii) subject to clause (iv), includes inpatient hospital
                                                                                              services designated by the Secretary that are covered
                                                                                              under this part and furnished to a hospital inpatient
                                                                                              who (I) is entitled to benefits under part A but has ex-
                                                                                              hausted benefits for inpatient hospital services during
                                                                                              a spell of illness, or (II) is not so entitled;
                                                                                                 (iii) includes implantable items described in para-
                                                                                              graph (3), (6), or (8) of section 1861(s);
                                                                                                 (iv) does not include any therapy services described
                                                                                              in subsection (a)(8) or ambulance services, for which
                                                                                              payment is made under a fee schedule described in
                                                                                              section 1834(k) or section 1834(l) and does not include
                                                                                              screening mammography (as defined in section
                                                                                              1861(jj)), diagnostic mammography, or personalized
                                                                                              prevention plan services (as defined in section
                                                                                              1861(hhh)(1)); and
                                                                                                 (v) does not include applicable items and services (as
                                                                                              defined in subparagraph (A) of paragraph (21)) that
                                                                                              are furnished on or after January 1, 2017, by an off-
                                                                                              campus outpatient department of a provider (as de-
                                                                                              fined in subparagraph (B) of such paragraph).
                                                                                       (2) SYSTEM REQUIREMENTS.—Under the payment system—
                                                                                            (A) the Secretary shall develop a classification system
                                                                                         for covered OPD services;
                                                                                            (B) the Secretary may establish groups of covered OPD




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                                                                                         services, within the classification system described in sub-




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                                                                                           paragraph (A), so that services classified within each
                                                                                           group are comparable clinically and with respect to the use
                                                                                           of resources and so that an implantable item is classified
                                                                                           to the group that includes the service to which the item re-
                                                                                           lates;
                                                                                              (C) the Secretary shall, using data on claims from 1996
                                                                                           and using data from the most recent available cost reports,
                                                                                           establish relative payment weights for covered OPD serv-
                                                                                           ices (and any groups of such services described in subpara-
                                                                                           graph (B)) based on median (or, at the election of the Sec-
                                                                                           retary, mean) hospital costs and shall determine projec-
                                                                                           tions of the frequency of utilization of each such service (or
                                                                                           group of services) in 1999;
                                                                                              (D) subject to paragraph (19), the Secretary shall deter-
                                                                                           mine a wage adjustment factor to adjust the portion of
                                                                                           payment and coinsurance attributable to labor-related
                                                                                           costs for relative differences in labor and labor-related
                                                                                           costs across geographic regions in a budget neutral man-
                                                                                           ner;
                                                                                              (E) the Secretary shall establish, in a budget neutral
                                                                                           manner, outlier adjustments under paragraph (5) and
                                                                                           transitional pass-through payments under paragraph (6)
                                                                                           and other adjustments as determined to be necessary to
                                                                                           ensure equitable payments, such as adjustments for cer-
                                                                                           tain classes of hospitals;
                                                                                              (F) the Secretary shall develop a method for controlling
                                                                                           unnecessary increases in the volume of covered OPD serv-
                                                                                           ices;
                                                                                              (G) the Secretary shall create additional groups of cov-
                                                                                           ered OPD services that classify separately those proce-
                                                                                           dures that utilize contrast agents from those that do not;
                                                                                           and
                                                                                              (H) with respect to devices of brachytherapy consisting
                                                                                           of a seed or seeds (or radioactive source), the Secretary
                                                                                           shall create additional groups of covered OPD services that
                                                                                           classify such devices separately from the other services (or
                                                                                           group of services) paid for under this subsection in a man-
                                                                                           ner reflecting the number, isotope, and radioactive inten-
                                                                                           sity of such devices furnished, including separate groups
                                                                                           for palladium-103 and iodine-125 devices and for stranded
                                                                                           and non-stranded devices furnished on or after July 1,
                                                                                           2007.
                                                                                      For purposes of subparagraph (B), items and services within a
                                                                                      group shall not be treated as ‘‘comparable with respect to the
                                                                                      use of resources’’ if the highest median cost (or mean cost, if
                                                                                      elected by the Secretary under subparagraph (C)) for an item
                                                                                      or service within the group is more than 2 times greater than
                                                                                      the lowest median cost (or mean cost, if so elected) for an item
                                                                                      or service within the group; except that the Secretary may
                                                                                      make exceptions in unusual cases, such as low volume items
                                                                                      and services, but may not make such an exception in the case
                                                                                      of a drug or biological that has been designated as an orphan
                                                                                      drug under section 526 of the Federal Food, Drug and Cos-
                                                                                      metic Act.




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                                                                                        (3) CALCULATION OF BASE AMOUNTS.—




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                                                                                              (A) AGGREGATE AMOUNTS THAT WOULD BE PAYABLE IF
                                                                                            DEDUCTIBLES WERE DISREGARDED.—The Secretary shall es-
                                                                                            timate the sum of—
                                                                                                  (i) the total amounts that would be payable from the
                                                                                                Trust Fund under this part for covered OPD services
                                                                                                in 1999, determined without regard to this subsection,
                                                                                                as though the deductible under section 1833(b) did not
                                                                                                apply, and
                                                                                                  (ii) the total amounts of copayments estimated to be
                                                                                                paid under this subsection by beneficiaries to hospitals
                                                                                                for covered OPD services in 1999, as though the de-
                                                                                                ductible under section 1833(b) did not apply.
                                                                                              (B) UNADJUSTED COPAYMENT AMOUNT.—
                                                                                                  (i) IN GENERAL.—For purposes of this subsection,
                                                                                                subject to clause (ii), the ‘‘unadjusted copayment
                                                                                                amount’’ applicable to a covered OPD service (or group
                                                                                                of such services) is 20 percent of the national median
                                                                                                of the charges for the service (or services within the
                                                                                                group) furnished during 1996, updated to 1999 using
                                                                                                the Secretary’s estimate of charge growth during the
                                                                                                period.
                                                                                                  (ii) ADJUSTED TO BE 20 PERCENT WHEN FULLY
                                                                                                PHASED IN.—If the pre-deductible payment percentage
                                                                                                for a covered OPD service (or group of such services)
                                                                                                furnished in a year would be equal to or exceed 80
                                                                                                percent, then the unadjusted copayment amount shall
                                                                                                be 20 percent of amount determined under subpara-
                                                                                                graph (D).
                                                                                                  (iii) RULES FOR NEW SERVICES.—The Secretary shall
                                                                                                establish rules for establishment of an unadjusted co-
                                                                                                payment amount for a covered OPD service not fur-
                                                                                                nished during 1996, based upon its classification with-
                                                                                                in a group of such services.
                                                                                              (C) CALCULATION OF CONVERSION FACTORS.—
                                                                                                  (i) FOR 1999.—
                                                                                                        (I) IN GENERAL.—The Secretary shall establish a
                                                                                                     1999 conversion factor for determining the medi-
                                                                                                     care OPD fee schedule amounts for each covered
                                                                                                     OPD service (or group of such services) furnished
                                                                                                     in 1999. Such conversion factor shall be estab-
                                                                                                     lished on the basis of the weights and frequencies
                                                                                                     described in paragraph (2)(C) and in such a man-
                                                                                                     ner that the sum for all services and groups of the
                                                                                                     products (described in subclause (II) for each such
                                                                                                     service or group) equals the total projected
                                                                                                     amount described in subparagraph (A).
                                                                                                        (II) PRODUCT DESCRIBED.—The Secretary shall
                                                                                                     determine for each service or group the product of
                                                                                                     the medicare OPD fee schedule amounts (taking
                                                                                                     into account appropriate adjustments described in
                                                                                                     paragraphs (2)(D) and (2)(E)) and the estimated
                                                                                                     frequencies for such service or group.
                                                                                                  (ii) SUBSEQUENT YEARS.—Subject to paragraph
                                                                                                (8)(B), the Secretary shall establish a conversion factor




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                                                                                                for covered OPD services furnished in subsequent




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                                                                                                 years in an amount equal to the conversion factor es-
                                                                                                 tablished under this subparagraph and applicable to
                                                                                                 such services furnished in the previous year increased
                                                                                                 by the OPD fee schedule increase factor specified
                                                                                                 under clause (iv) for the year involved.
                                                                                                    (iii) ADJUSTMENT FOR SERVICE MIX CHANGES.—Inso-
                                                                                                 far as the Secretary determines that the adjustments
                                                                                                 for service mix under paragraph (2) for a previous
                                                                                                 year (or estimates that such adjustments for a future
                                                                                                 year) did (or are likely to) result in a change in aggre-
                                                                                                 gate payments under this subsection during the year
                                                                                                 that are a result of changes in the coding or classifica-
                                                                                                 tion of covered OPD services that do not reflect real
                                                                                                 changes in service mix, the Secretary may adjust the
                                                                                                 conversion factor computed under this subparagraph
                                                                                                 for subsequent years so as to eliminate the effect of
                                                                                                 such coding or classification changes.
                                                                                                    (iv) OPD FEE SCHEDULE INCREASE FACTOR.—For pur-
                                                                                                 poses of this subparagraph, subject to paragraph (17)
                                                                                                 and subparagraph (F) of this paragraph, the ‘‘OPD fee
                                                                                                 schedule increase factor’’ for services furnished in a
                                                                                                 year is equal to the market basket percentage increase
                                                                                                 applicable under section 1886(b)(3)(B)(iii) to hospital
                                                                                                 discharges occurring during the fiscal year ending in
                                                                                                 such year, reduced by 1 percentage point for such fac-
                                                                                                 tor for services furnished in each of 2000 and 2002. In
                                                                                                 applying the previous sentence for years beginning
                                                                                                 with 2000, the Secretary may substitute for the mar-
                                                                                                 ket basket percentage increase an annual percentage
                                                                                                 increase that is computed and applied with respect to
                                                                                                 covered OPD services furnished in a year in the same
                                                                                                 manner as the market basket percentage increase is
                                                                                                 determined and applied to inpatient hospital services
                                                                                                 for discharges occurring in a fiscal year.
                                                                                              (D) CALCULATION OF MEDICARE OPD FEE SCHEDULE
                                                                                            AMOUNTS.—The Secretary shall compute a medicare OPD
                                                                                            fee schedule amount for each covered OPD service (or
                                                                                            group of such services) furnished in a year, in an amount
                                                                                            equal to the product of—
                                                                                                    (i) the conversion factor computed under subpara-
                                                                                                 graph (C) for the year, and
                                                                                                    (ii) the relative payment weight (determined under
                                                                                                 paragraph (2)(C)) for the service or group.
                                                                                              (E) PRE-DEDUCTIBLE PAYMENT PERCENTAGE.—The pre-de-
                                                                                            ductible payment percentage for a covered OPD service (or
                                                                                            group of such services) furnished in a year is equal to the
                                                                                            ratio of—
                                                                                                    (i) the medicare OPD fee schedule amount estab-
                                                                                                 lished under subparagraph (D) for the year, minus the
                                                                                                 unadjusted copayment amount determined under sub-
                                                                                                 paragraph (B) for the service or group, to
                                                                                                    (ii) the medicare OPD fee schedule amount deter-
                                                                                                 mined under subparagraph (D) for the year for such




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                                                                                                 service or group.




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                                                                                             (F) PRODUCTIVITY AND OTHER ADJUSTMENT.—After deter-
                                                                                          mining the OPD fee schedule increase factor under sub-
                                                                                          paragraph (C)(iv), the Secretary shall reduce such increase
                                                                                          factor—
                                                                                                  (i) for 2012 and subsequent years, by the produc-
                                                                                               tivity        adjustment      described    in     section
                                                                                               1886(b)(3)(B)(xi)(II); and
                                                                                                  (ii) for each of 2010 through 2019, by the adjustment
                                                                                               described in subparagraph (G).
                                                                                          The application of this subparagraph may result in the in-
                                                                                          crease factor under subparagraph (C)(iv) being less than
                                                                                          0.0 for a year, and may result in payment rates under the
                                                                                          payment system under this subsection for a year being less
                                                                                          than such payment rates for the preceding year.
                                                                                             (G) OTHER ADJUSTMENT.—For purposes of subparagraph
                                                                                          (F)(ii), the adjustment described in this subparagraph is—
                                                                                                  (i) for each of 2010 and 2011, 0.25 percentage point;
                                                                                                  (ii) for each of 2012 and 2013, 0.1 percentage point;
                                                                                                  (iii) for 2014, 0.3 percentage point;
                                                                                                  (iv) for each of 2015 and 2016, 0.2 percentage point;
                                                                                               and
                                                                                                  (v) for each of 2017, 2018, and 2019, 0.75 percentage
                                                                                               point.
                                                                                        (4) MEDICARE PAYMENT AMOUNT.—The amount of payment
                                                                                      made from the Trust Fund under this part for a covered OPD
                                                                                      service (and such services classified within a group) furnished
                                                                                      in a year is determined, subject to paragraph (7), as follows:
                                                                                             (A) FEE SCHEDULE ADJUSTMENTS.—The medicare OPD
                                                                                          fee schedule amount (computed under paragraph (3)(D))
                                                                                          for the service or group and year is adjusted for relative
                                                                                          differences in the cost of labor and other factors deter-
                                                                                          mined by the Secretary, as computed under paragraphs
                                                                                          (2)(D) and (2)(E).
                                                                                             (B) SUBTRACT APPLICABLE DEDUCTIBLE.—Reduce the ad-
                                                                                          justed amount determined under subparagraph (A) by the
                                                                                          amount of the deductible under section 1833(b), to the ex-
                                                                                          tent applicable.
                                                                                             (C) APPLY PAYMENT PROPORTION TO REMAINDER.—The
                                                                                          amount of payment is the amount so determined under
                                                                                          subparagraph (B) multiplied by the pre-deductible pay-
                                                                                          ment percentage (as determined under paragraph (3)(E))
                                                                                          for the service or group and year involved, plus the
                                                                                          amount of any reduction in the copayment amount attrib-
                                                                                          utable to paragraph (8)(C).
                                                                                        (5) OUTLIER ADJUSTMENT.—
                                                                                             (A) IN GENERAL.—Subject to subparagraph (D), the Sec-
                                                                                          retary shall provide for an additional payment for each
                                                                                          covered OPD service (or group of services) for which a hos-
                                                                                          pital’s charges, adjusted to cost, exceed—
                                                                                                  (i) a fixed multiple of the sum of—
                                                                                                        (I) the applicable medicare OPD fee schedule
                                                                                                     amount determined under paragraph (3)(D), as
                                                                                                     adjusted under paragraph (4)(A) (other than for
                                                                                                     adjustments under this paragraph or paragraph




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                                                                                                     (6)); and




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                                                                                                       (II) any transitional pass-through payment
                                                                                                     under paragraph (6); and
                                                                                                  (ii) at the option of the Secretary, such fixed dollar
                                                                                               amount as the Secretary may establish.
                                                                                             (B) AMOUNT OF ADJUSTMENT.—The amount of the addi-
                                                                                          tional payment under subparagraph (A) shall be deter-
                                                                                          mined by the Secretary and shall approximate the mar-
                                                                                          ginal cost of care beyond the applicable cutoff point under
                                                                                          such subparagraph.
                                                                                             (C) LIMIT ON AGGREGATE OUTLIER ADJUSTMENTS.—
                                                                                                  (i) IN GENERAL.—The total of the additional pay-
                                                                                               ments made under this paragraph for covered OPD
                                                                                               services furnished in a year (as estimated by the Sec-
                                                                                               retary before the beginning of the year) may not ex-
                                                                                               ceed the applicable percentage (specified in clause (ii))
                                                                                               of the total program payments estimated to be made
                                                                                               under this subsection for all covered OPD services fur-
                                                                                               nished in that year. If this paragraph is first applied
                                                                                               to less than a full year, the previous sentence shall
                                                                                               apply only to the portion of such year.
                                                                                                  (ii) APPLICABLE PERCENTAGE.—For purposes of
                                                                                               clause (i), the term ‘‘applicable percentage’’ means a
                                                                                               percentage specified by the Secretary up to (but not to
                                                                                               exceed)—
                                                                                                       (I) for a year (or portion of a year) before 2004,
                                                                                                     2.5 percent; and
                                                                                                       (II) for 2004 and thereafter, 3.0 percent.
                                                                                             (D) TRANSITIONAL AUTHORITY.—In applying subpara-
                                                                                          graph (A) for covered OPD services furnished before Janu-
                                                                                          ary 1, 2002, the Secretary may—
                                                                                                  (i) apply such subparagraph to a bill for such serv-
                                                                                               ices related to an outpatient encounter (rather than
                                                                                               for a specific service or group of services) using OPD
                                                                                               fee schedule amounts and transitional pass-through
                                                                                               payments covered under the bill; and
                                                                                                  (ii) use an appropriate cost-to-charge ratio for the
                                                                                               hospital involved (as determined by the Secretary),
                                                                                               rather than for specific departments within the hos-
                                                                                               pital.
                                                                                             (E) EXCLUSION OF SEPARATE DRUG AND BIOLOGICAL APCS
                                                                                          FROM OUTLIER PAYMENTS.—No additional payment shall be
                                                                                          made under subparagraph (A) in the case of ambulatory
                                                                                          payment classification groups established separately for
                                                                                          drugs or biologicals.
                                                                                        (6) TRANSITIONAL PASS-THROUGH FOR ADDITIONAL COSTS OF
                                                                                      INNOVATIVE MEDICAL DEVICES, DRUGS, AND BIOLOGICALS.—
                                                                                             (A) IN GENERAL.—The Secretary shall provide for an ad-
                                                                                          ditional payment under this paragraph for any of the fol-
                                                                                          lowing that are provided as part of a covered OPD service
                                                                                          (or group of services):
                                                                                                  (i) CURRENT ORPHAN DRUGS.—A drug or biological
                                                                                               that is used for a rare disease or condition with re-
                                                                                               spect to which the drug or biological has been des-
                                                                                               ignated as an orphan drug under section 526 of the




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                                                                                               Federal Food, Drug and Cosmetic Act if payment for




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                                                                                                the drug or biological as an outpatient hospital service
                                                                                                under this part was being made on the first date that
                                                                                                the system under this subsection is implemented.
                                                                                                   (ii) CURRENT CANCER THERAPY DRUGS AND
                                                                                                BIOLOGICALS AND BRACHYTHERAPY.—A drug or biologi-
                                                                                                cal that is used in cancer therapy, including (but not
                                                                                                limited to) a chemotherapeutic agent, an antiemetic, a
                                                                                                hematopoietic growth factor, a colony stimulating fac-
                                                                                                tor, a biological response modifier, a bisphosphonate,
                                                                                                and a device of brachytherapy or temperature mon-
                                                                                                itored cryoablation, if payment for such drug, biologi-
                                                                                                cal, or device as an outpatient hospital service under
                                                                                                this part was being made on such first date.
                                                                                                   (iii) CURRENT RADIOPHARMACEUTICAL DRUGS AND BI-
                                                                                                OLOGICAL PRODUCTS.—A radiopharmaceutical drug or
                                                                                                biological product used in diagnostic, monitoring, and
                                                                                                therapeutic nuclear medicine procedures if payment
                                                                                                for the drug or biological as an outpatient hospital
                                                                                                service under this part was being made on such first
                                                                                                date.
                                                                                                   (iv)     NEW      MEDICAL     DEVICES,     DRUGS,     AND
                                                                                                BIOLOGICALS.—A medical device, drug, or biological not
                                                                                                described in clause (i), (ii), or (iii) if—
                                                                                                         (I) payment for the device, drug, or biological as
                                                                                                      an outpatient hospital service under this part was
                                                                                                      not being made as of December 31, 1996; and
                                                                                                         (II) the cost of the drug or biological or the aver-
                                                                                                      age cost of the category of devices is not insignifi-
                                                                                                      cant in relation to the OPD fee schedule amount
                                                                                                      (as calculated under paragraph (3)(D)) payable for
                                                                                                      the service (or group of services) involved.
                                                                                              (B) USE OF CATEGORIES IN DETERMINING ELIGIBILITY OF
                                                                                            A DEVICE FOR PASS-THROUGH PAYMENTS.—The following
                                                                                            provisions apply for purposes of determining whether a
                                                                                            medical device qualifies for additional payments under
                                                                                            clause (ii) or (iv) of subparagraph (A):
                                                                                                   (i) ESTABLISHMENT OF INITIAL CATEGORIES.—
                                                                                                         (I) IN GENERAL.—The Secretary shall initially
                                                                                                      establish under this clause categories of medical
                                                                                                      devices based on type of device by April 1, 2001.
                                                                                                      Such categories shall be established in a manner
                                                                                                      such that each medical device that meets the re-
                                                                                                      quirements of clause (ii) or (iv) of subparagraph
                                                                                                      (A) as of January 1, 2001, is included in such a
                                                                                                      category and no such device is included in more
                                                                                                      than one category. For purposes of the preceding
                                                                                                      sentence, whether a medical device meets such re-
                                                                                                      quirements as of such date shall be determined on
                                                                                                      the basis of the program memoranda issued before
                                                                                                      such date.
                                                                                                         (II) AUTHORIZATION OF IMPLEMENTATION OTHER
                                                                                                      THAN THROUGH REGULATIONS.—The categories
                                                                                                      may be established under this clause by program




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                                                                                                      memorandum or otherwise, after consultation




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                                                                                                         with groups representing hospitals, manufacturers
                                                                                                         of medical devices, and other affected parties.
                                                                                                      (ii) ESTABLISHING CRITERIA FOR ADDITIONAL CAT-
                                                                                                   EGORIES.—
                                                                                                            (I) IN GENERAL.—The Secretary shall establish
                                                                                                         criteria that will be used for creation of additional
                                                                                                         categories (other than those established under
                                                                                                         clause (i)) through rulemaking (which may include
                                                                                                         use of an interim final rule with comment period).
                                                                                                            (II) STANDARD.—Such categories shall be estab-
                                                                                                         lished under this clause in a manner such that no
                                                                                                         medical device is described by more than one cat-
                                                                                                         egory. Such criteria shall include a test of whether
                                                                                                         the average cost of devices that would be included
                                                                                                         in a category and are in use at the time the cat-
                                                                                                         egory is established is not insignificant, as de-
                                                                                                         scribed in subparagraph (A)(iv)(II).
                                                                                                            (III) DEADLINE.—Criteria shall first be estab-
                                                                                                         lished under this clause by July 1, 2001. The Sec-
                                                                                                         retary may establish in compelling circumstances
                                                                                                         categories under this clause before the date such
                                                                                                         criteria are established.
                                                                                                            (IV) ADDING CATEGORIES.—The Secretary shall
                                                                                                         promptly establish a new category of medical de-
                                                                                                         vices under this clause for any medical device that
                                                                                                         meets the requirements of subparagraph (A)(iv)
                                                                                                         and for which none of the categories in effect (or
                                                                                                         that were previously in effect) is appropriate.
                                                                                                      (iii) PERIOD FOR WHICH CATEGORY IS IN EFFECT.—A
                                                                                                   category of medical devices established under clause
                                                                                                   (i) or (ii) shall be in effect for a period of at least 2
                                                                                                   years, but not more than 3 years, that begins—
                                                                                                            (I) in the case of a category established under
                                                                                                         clause (i), on the first date on which payment was
                                                                                                         made under this paragraph for any device de-
                                                                                                         scribed by such category (including payments
                                                                                                         made during the period before April 1, 2001); and
                                                                                                            (II) in the case of any other category, on the
                                                                                                         first date on which payment is made under this
                                                                                                         paragraph for any medical device that is described
                                                                                                         by such category.
                                                                                                      (iv) REQUIREMENTS TREATED AS MET.—A medical de-
                                                                                                   vice shall be treated as meeting the requirements of
                                                                                                   subparagraph (A)(iv), regardless of whether the device
                                                                                                   meets the requirement of subclause (I) of such sub-
                                                                                                   paragraph, if—
                                                                                                            (I) the device is described by a category estab-
                                                                                                         lished and in effect under clause (i); or
                                                                                                            (II) the device is described by a category estab-
                                                                                                         lished and in effect under clause (ii) and an appli-
                                                                                                         cation under section 515 of the Federal Food,
                                                                                                         Drug, and Cosmetic Act has been approved with
                                                                                                         respect to the device, or the device has been
                                                                                                         cleared for market under section 510(k) of such




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                                                                                                         Act, or the device is exempt from the require-




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                                                                                                     ments of section 510(k) of such Act pursuant to
                                                                                                     subsection (l) or (m) of section 510 of such Act or
                                                                                                     section 520(g) of such Act.
                                                                                                Nothing in this clause shall be construed as requiring
                                                                                                an application or prior approval (other than that de-
                                                                                                scribed in subclause (II)) in order for a covered device
                                                                                                described by a category to qualify for payment under
                                                                                                this paragraph.
                                                                                              (C) LIMITED PERIOD OF PAYMENT.—
                                                                                                  (i) DRUGS AND BIOLOGICALS.—Subject to subpara-
                                                                                                graph (G), the payment under this paragraph with re-
                                                                                                spect to a drug or biological shall only apply during a
                                                                                                period of at least 2 years, but not more than 3 years,
                                                                                                that begins—
                                                                                                        (I) on the first date this subsection is imple-
                                                                                                     mented in the case of a drug or biological de-
                                                                                                     scribed in clause (i), (ii), or (iii) of subparagraph
                                                                                                     (A) and in the case of a drug or biological de-
                                                                                                     scribed in subparagraph (A)(iv) and for which pay-
                                                                                                     ment under this part is made as an outpatient
                                                                                                     hospital service before such first date; or
                                                                                                        (II) in the case of a drug or biological described
                                                                                                     in subparagraph (A)(iv) not described in subclause
                                                                                                     (I), on the first date on which payment is made
                                                                                                     under this part for the drug or biological as an
                                                                                                     outpatient hospital service.
                                                                                                  (ii) MEDICAL DEVICES.—Payment shall be made
                                                                                                under this paragraph with respect to a medical device
                                                                                                only if such device—
                                                                                                        (I) is described by a category of medical devices
                                                                                                     established and in effect under subparagraph (B);
                                                                                                     and
                                                                                                        (II) is provided as part of a service (or group of
                                                                                                     services) paid for under this subsection and pro-
                                                                                                     vided during the period for which such category is
                                                                                                     in effect under such subparagraph.
                                                                                              (D) AMOUNT OF ADDITIONAL PAYMENT.—Subject to sub-
                                                                                            paragraph (E)(iii), the amount of the payment under this
                                                                                            paragraph with respect to a device, drug, or biological pro-
                                                                                            vided as part of a covered OPD service is—
                                                                                                  (i) subject to subparagraph (H), in the case of a drug
                                                                                                or biological, the amount by which the amount deter-
                                                                                                mined under section 1842(o) (or if the drug or biologi-
                                                                                                cal is covered under a competitive acquisition contract
                                                                                                under section 1847B, an amount determined by the
                                                                                                Secretary equal to the average price for the drug or bi-
                                                                                                ological for all competitive acquisition areas and year
                                                                                                established under such section as calculated and ad-
                                                                                                justed by the Secretary for purposes of this paragraph)
                                                                                                for the drug or biological exceeds the portion of the
                                                                                                otherwise applicable medicare OPD fee schedule that
                                                                                                the Secretary determines is associated with the drug
                                                                                                or biological; or
                                                                                                  (ii) in the case of a medical device, the amount by




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                                                                                                which the hospital’s charges for the device, adjusted to




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                                                                                                cost, exceeds the portion of the otherwise applicable
                                                                                                medicare OPD fee schedule that the Secretary deter-
                                                                                                mines is associated with the device.
                                                                                              (E) LIMIT ON AGGREGATE ANNUAL ADJUSTMENT.—
                                                                                                  (i) IN GENERAL.—The total of the additional pay-
                                                                                                ments made under this paragraph for covered OPD
                                                                                                services furnished in a year (as estimated by the Sec-
                                                                                                retary before the beginning of the year) may not ex-
                                                                                                ceed the applicable percentage (specified in clause (ii))
                                                                                                of the total program payments estimated to be made
                                                                                                under this subsection for all covered OPD services fur-
                                                                                                nished in that year. If this paragraph is first applied
                                                                                                to less than a full year, the previous sentence shall
                                                                                                apply only to the portion of such year. This clause
                                                                                                shall not apply for 2018 or 2020.
                                                                                                  (ii) APPLICABLE PERCENTAGE.—For purposes of
                                                                                                clause (i), the term ‘‘applicable percentage’’ means—
                                                                                                        (I) for a year (or portion of a year) before 2004,
                                                                                                     2.5 percent; and
                                                                                                        (II) for 2004 and thereafter, a percentage speci-
                                                                                                     fied by the Secretary up to (but not to exceed) 2.0
                                                                                                     percent.
                                                                                                  (iii) UNIFORM PROSPECTIVE REDUCTION IF AGGREGATE
                                                                                                LIMIT PROJECTED TO BE EXCEEDED.—If the Secretary
                                                                                                estimates before the beginning of a year that the
                                                                                                amount of the additional payments under this para-
                                                                                                graph for the year (or portion thereof) as determined
                                                                                                under clause (i) without regard to this clause will ex-
                                                                                                ceed the limit established under such clause, the Sec-
                                                                                                retary shall reduce pro rata the amount of each of the
                                                                                                additional payments under this paragraph for that
                                                                                                year (or portion thereof) in order to ensure that the
                                                                                                aggregate additional payments under this paragraph
                                                                                                (as so estimated) do not exceed such limit.
                                                                                              (F) LIMITATION OF APPLICATION OF FUNCTIONAL EQUIVA-
                                                                                            LENCE STANDARD.—
                                                                                                  (i) IN GENERAL.—The Secretary may not publish reg-
                                                                                                ulations that apply a functional equivalence standard
                                                                                                to a drug or biological under this paragraph.
                                                                                                  (ii) APPLICATION.—Clause (i) shall apply to the ap-
                                                                                                plication of a functional equivalence standard to a
                                                                                                drug or biological on or after the date of enactment of
                                                                                                the Medicare Prescription Drug, Improvement, and
                                                                                                Modernization Act of 2003 unless—
                                                                                                        (I) such application was being made to such
                                                                                                     drug or biological prior to such date of enactment;
                                                                                                     and
                                                                                                        (II) the Secretary applies such standard to such
                                                                                                     drug or biological only for the purpose of deter-
                                                                                                     mining eligibility of such drug or biological for ad-
                                                                                                     ditional payments under this paragraph and not
                                                                                                     for the purpose of any other payments under this
                                                                                                     title.
                                                                                                  (iii) RULE OF CONSTRUCTION.—Nothing in this sub-




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                                                                                                 authority to deem a particular drug to be identical to
                                                                                                 another drug if the 2 products are pharmaceutically
                                                                                                 equivalent and bioequivalent, as determined by the
                                                                                                 Commissioner of Food and Drugs.
                                                                                              (G) PASS-THROUGH EXTENSION FOR CERTAIN DRUGS AND
                                                                                            BIOLOGICALS.—In the case of a drug or biological whose pe-
                                                                                            riod of pass-through status under this paragraph ended on
                                                                                            December 31, 2017, and for which payment under this sub-
                                                                                            section was packaged into a payment for a covered OPD
                                                                                            service (or group of services) furnished beginning January
                                                                                            1, 2018, such pass-through status shall be extended for a
                                                                                            2-year period beginning on October 1, 2018.
                                                                                              (H) TEMPORARY PAYMENT RULE FOR CERTAIN DRUGS AND
                                                                                            BIOLOGICALS.—In the case of a drug or biological whose pe-
                                                                                            riod of pass-through status under this paragraph ended on
                                                                                            December 31, 2017, and for which payment under this sub-
                                                                                            section was packaged into a payment for a covered OPD
                                                                                            service (or group of services) furnished beginning January
                                                                                            1, 2018, the payment amount for such drug or biological
                                                                                            under this subsection that is furnished during the period
                                                                                            beginning on October 1, 2018, and ending on March 31,
                                                                                            2019, shall be the greater of—
                                                                                                   (i) the payment amount that would otherwise apply
                                                                                                 under subparagraph (D)(i) for such drug or biological
                                                                                                 during such period; or
                                                                                                   (ii) the payment amount that applied under such
                                                                                                 subparagraph (D)(i) for such drug or biological on De-
                                                                                                 cember 31, 2017.
                                                                                              (I) SPECIAL PAYMENT ADJUSTMENT RULES FOR LAST QUAR-
                                                                                            TER OF 2018.—In the case of a drug or biological whose pe-
                                                                                            riod of pass-through status under this paragraph ended on
                                                                                            December 31, 2017, and for which payment under this sub-
                                                                                            section was packaged into a payment amount for a covered
                                                                                            OPD service (or group of services) beginning January 1,
                                                                                            2018, the following rules shall apply with respect to pay-
                                                                                            ment amounts under this subsection for covered a OPD
                                                                                            service (or group of services) furnished during the period
                                                                                            beginning on October 1, 2018, and ending on December 31,
                                                                                            2018:
                                                                                                   (i) The Secretary shall remove the packaged costs of
                                                                                                 such drug or biological (as determined by the Sec-
                                                                                                 retary) from the payment amount under this sub-
                                                                                                 section for the covered OPD service (or group of serv-
                                                                                                 ices) with which it is packaged.
                                                                                                   (ii) The Secretary shall not make any adjustments to
                                                                                                 payment amounts under this subsection for a covered
                                                                                                 OPD service (or group of services) for which no costs
                                                                                                 were removed under clause (i).
                                                                                              (J) ADDITIONAL PASS-THROUGH EXTENSION AND SPECIAL
                                                                                            PAYMENT ADJUSTMENT RULE FOR CERTAIN DIAGNOSTIC
                                                                                            RADIOPHARMACEUTICALS.—In the case of a drug or biologi-
                                                                                            cal furnished in the context of a clinical study on diag-
                                                                                            nostic imaging tests approved under a coverage with evi-
                                                                                            dence development determination whose period of pass-




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                                                                                            through status under this paragraph concluded on Decem-




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                                                                                         ber 31, 2018, and for which payment under this subsection
                                                                                         was packaged into a payment for a covered OPD service
                                                                                         (or group of services) furnished beginning January 1, 2019,
                                                                                         the Secretary shall—
                                                                                                 (i) extend such pass-through status for such drug or
                                                                                              biological for the 9-month period beginning on Janu-
                                                                                              ary 1, 2020;
                                                                                                 (ii) remove, during such period, the packaged costs
                                                                                              of such drug or biological (as determined by the Sec-
                                                                                              retary) from the payment amount under this sub-
                                                                                              section for the covered OPD service (or group of serv-
                                                                                              ices) with which it is packaged; and
                                                                                                 (iii) not make any adjustments to payment amounts
                                                                                              under this subsection for a covered OPD service (or
                                                                                              group of services) for which no costs were removed
                                                                                              under clause (ii).
                                                                                       (7) TRANSITIONAL ADJUSTMENT TO LIMIT DECLINE IN PAY-
                                                                                      MENT.—
                                                                                           (A) BEFORE 2002.—Subject to subparagraph (D), for cov-
                                                                                         ered OPD services furnished before January 1, 2002, for
                                                                                         which the PPS amount (as defined in subparagraph (E))
                                                                                         is—
                                                                                                 (i) at least 90 percent, but less than 100 percent, of
                                                                                              the pre-BBA amount (as defined in subparagraph (F)),
                                                                                              the amount of payment under this subsection shall be
                                                                                              increased by 80 percent of the amount of such dif-
                                                                                              ference;
                                                                                                 (ii) at least 80 percent, but less than 90 percent, of
                                                                                              the pre-BBA amount, the amount of payment under
                                                                                              this subsection shall be increased by the amount by
                                                                                              which (I) the product of 0.71 and the pre-BBA amount,
                                                                                              exceeds (II) the product of 0.70 and the PPS amount;
                                                                                                 (iii) at least 70 percent, but less than 80 percent, of
                                                                                              the pre-BBA amount, the amount of payment under
                                                                                              this subsection shall be increased by the amount by
                                                                                              which (I) the product of 0.63 and the pre-BBA amount,
                                                                                              exceeds (II) the product of 0.60 and the PPS amount;
                                                                                              or
                                                                                                 (iv) less than 70 percent of the pre-BBA amount, the
                                                                                              amount of payment under this subsection shall be in-
                                                                                              creased by 21 percent of the pre-BBA amount.
                                                                                           (B) 2002.—Subject to subparagraph (D), for covered OPD
                                                                                         services furnished during 2002, for which the PPS amount
                                                                                         is—
                                                                                                 (i) at least 90 percent, but less than 100 percent, of
                                                                                              the pre-BBA amount, the amount of payment under
                                                                                              this subsection shall be increased by 70 percent of the
                                                                                              amount of such difference;
                                                                                                 (ii) at least 80 percent, but less than 90 percent, of
                                                                                              the pre-BBA amount, the amount of payment under
                                                                                              this subsection shall be increased by the amount by
                                                                                              which (I) the product of 0.61 and the pre-BBA amount,
                                                                                              exceeds (II) the product of 0.60 and the PPS amount;




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                                                                                                   (iii) less than 80 percent of the pre-BBA amount, the
                                                                                                amount of payment under this subsection shall be in-
                                                                                                creased by 13 percent of the pre-BBA amount.
                                                                                              (C) 2003.—Subject to subparagraph (D), for covered OPD
                                                                                            services furnished during 2003, for which the PPS amount
                                                                                            is—
                                                                                                   (i) at least 90 percent, but less than 100 percent, of
                                                                                                the pre-BBA amount, the amount of payment under
                                                                                                this subsection shall be increased by 60 percent of the
                                                                                                amount of such difference; or
                                                                                                   (ii) less than 90 percent of the pre-BBA amount, the
                                                                                                amount of payment under this subsection shall be in-
                                                                                                creased by 6 percent of the pre-BBA amount.
                                                                                              (D) HOLD HARMLESS PROVISIONS.—
                                                                                                   (i) TEMPORARY TREATMENT FOR CERTAIN RURAL HOS-
                                                                                                PITALS.—(I) In the case of a hospital located in a rural
                                                                                                area and that has not more than 100 beds or a sole
                                                                                                community        hospital    (as   defined   in   section
                                                                                                1886(d)(5)(D)(iii)) located in a rural area, for covered
                                                                                                OPD services furnished before January 1, 2006, for
                                                                                                which the PPS amount is less than the pre-BBA
                                                                                                amount, the amount of payment under this subsection
                                                                                                shall be increased by the amount of such difference.
                                                                                                   (II) In the case of a hospital located in a rural area
                                                                                                and that has not more than 100 beds and that is not
                                                                                                a sole community hospital (as defined in section
                                                                                                1886(d)(5)(D)(iii)), for covered OPD services furnished
                                                                                                on or after January 1, 2006, and before January 1,
                                                                                                2013, for which the PPS amount is less than the pre-
                                                                                                BBA amount, the amount of payment under this sub-
                                                                                                section shall be increased by the applicable percentage
                                                                                                of the amount of such difference. For purposes of the
                                                                                                preceding sentence, the applicable percentage shall be
                                                                                                95 percent with respect to covered OPD services fur-
                                                                                                nished in 2006, 90 percent with respect to such serv-
                                                                                                ices furnished in 2007, and 85 percent with respect to
                                                                                                such services furnished in 2008, 2009, 2010, 2011, or
                                                                                                2012.
                                                                                                   (III) In the case of a sole community hospital (as de-
                                                                                                fined in section 1886(d)(5)(D)(iii)) that has not more
                                                                                                than 100 beds, for covered OPD services furnished on
                                                                                                or after January 1, 2009, and before January 1, 2013,
                                                                                                for which the PPS amount is less than the pre-BBA
                                                                                                amount, the amount of payment under this subsection
                                                                                                shall be increased by 85 percent of the amount of such
                                                                                                difference. In the case of covered OPD services fur-
                                                                                                nished on or after January 1, 2010, and before March
                                                                                                1, 2012, the preceding sentence shall be applied with-
                                                                                                out regard to the 100-bed limitation.
                                                                                                   (ii) PERMANENT TREATMENT FOR CANCER HOSPITALS
                                                                                                AND CHILDREN’S HOSPITALS.—In the case of a hospital
                                                                                                described in clause (iii) or (v) of section 1886(d)(1)(B),
                                                                                                for covered OPD services for which the PPS amount is




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                                                                                                 ment under this subsection shall be increased by the
                                                                                                 amount of such difference.
                                                                                              (E) PPS AMOUNT DEFINED.—In this paragraph, the term
                                                                                           ‘‘PPS amount’’ means, with respect to covered OPD serv-
                                                                                           ices, the amount payable under this title for such services
                                                                                           (determined without regard to this paragraph), including
                                                                                           amounts payable as copayment under paragraph (8), coin-
                                                                                           surance under section 1866(a)(2)(A)(ii), and the deductible
                                                                                           under section 1833(b).
                                                                                              (F) PRE-BBA AMOUNT DEFINED.—
                                                                                                   (i) IN GENERAL.—In this paragraph, the ‘‘pre-BBA
                                                                                                 amount’’ means, with respect to covered OPD services
                                                                                                 furnished by a hospital in a year, an amount equal to
                                                                                                 the product of the reasonable cost of the hospital for
                                                                                                 such services for the portions of the hospital’s cost re-
                                                                                                 porting period (or periods) occurring in the year and
                                                                                                 the base OPD payment-to-cost ratio for the hospital
                                                                                                 (as defined in clause (ii)).
                                                                                                   (ii) BASE PAYMENT-TO-COST-RATIO DEFINED.—For
                                                                                                 purposes of this subparagraph, the ‘‘base payment-to-
                                                                                                 cost ratio’’ for a hospital means the ratio of—
                                                                                                        (I) the hospital’s reimbursement under this part
                                                                                                      for covered OPD services furnished during the
                                                                                                      cost reporting period ending in 1996 (or in the
                                                                                                      case of a hospital that did not submit a cost report
                                                                                                      for such period, during the first subsequent cost
                                                                                                      reporting period ending before 2001 for which the
                                                                                                      hospital submitted a cost report), including any
                                                                                                      reimbursement for such services through cost-
                                                                                                      sharing described in subparagraph (E), to
                                                                                                        (II) the reasonable cost of such services for such
                                                                                                      period.
                                                                                                 The Secretary shall determine such ratios as if the
                                                                                                 amendments made by section 4521 of the Balanced
                                                                                                 Budget Act of 1997 were in effect in 1996.
                                                                                              (G) INTERIM PAYMENTS.—The Secretary shall make pay-
                                                                                           ments under this paragraph to hospitals on an interim
                                                                                           basis, subject to retrospective adjustments based on settled
                                                                                           cost reports.
                                                                                              (H) NO EFFECT ON COPAYMENTS.—Nothing in this para-
                                                                                           graph shall be construed to affect the unadjusted copay-
                                                                                           ment amount described in paragraph (3)(B) or the copay-
                                                                                           ment amount under paragraph (8).
                                                                                              (I) APPLICATION WITHOUT REGARD TO BUDGET NEU-
                                                                                           TRALITY.—The additional payments made under this para-
                                                                                           graph—
                                                                                                   (i) shall not be considered an adjustment under
                                                                                                 paragraph (2)(E); and
                                                                                                   (ii) shall not be implemented in a budget neutral
                                                                                                 manner.
                                                                                         (8) COPAYMENT AMOUNT.—
                                                                                              (A) IN GENERAL.—Except as provided in subparagraphs
                                                                                           (B) and (C), the copayment amount under this subsection




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                                                                                          graph (4)(B) exceeds the amount of payment determined
                                                                                          under paragraph (4)(C).
                                                                                             (B) ELECTION TO OFFER REDUCED COPAYMENT AMOUNT.—
                                                                                          The Secretary shall establish a procedure under which a
                                                                                          hospital, before the beginning of a year (beginning with
                                                                                          1999), may elect to reduce the copayment amount other-
                                                                                          wise established under subparagraph (A) for some or all
                                                                                          covered OPD services to an amount that is not less than
                                                                                          20 percent of the medicare OPD fee schedule amount (com-
                                                                                          puted under paragraph (3)(D)) for the service involved.
                                                                                          Under such procedures, such reduced copayment amount
                                                                                          may not be further reduced or increased during the year
                                                                                          involved and the hospital may disseminate information on
                                                                                          the reduction of copayment amount effected under this
                                                                                          subparagraph.
                                                                                             (C) LIMITATION ON COPAYMENT AMOUNT.—
                                                                                                  (i) TO INPATIENT HOSPITAL DEDUCTIBLE AMOUNT.—In
                                                                                               no case shall the copayment amount for a procedure
                                                                                               performed in a year exceed the amount of the inpa-
                                                                                               tient hospital deductible established under section
                                                                                               1813(b) for that year.
                                                                                                  (ii) TO SPECIFIED PERCENTAGE.—The Secretary shall
                                                                                               reduce the national unadjusted copayment amount for
                                                                                               a covered OPD service (or group of such services) fur-
                                                                                               nished in a year in a manner so that the effective co-
                                                                                               payment rate (determined on a national unadjusted
                                                                                               basis) for that service in the year does not exceed the
                                                                                               following percentage:
                                                                                                       (I) For procedures performed in 2001, on or
                                                                                                     after April 1, 2001, 57 percent.
                                                                                                       (II) For procedures performed in 2002 or 2003,
                                                                                                     55 percent.
                                                                                                       (III) For procedures performed in 2004, 50 per-
                                                                                                     cent.
                                                                                                       (IV) For procedures performed in 2005, 45 per-
                                                                                                     cent.
                                                                                                       (V) For procedures performed in 2006 and there-
                                                                                                     after, 40 percent.
                                                                                             (D) NO IMPACT ON DEDUCTIBLES.—Nothing in this para-
                                                                                          graph shall be construed as affecting a hospital’s authority
                                                                                          to waive the charging of a deductible under section
                                                                                          1833(b).
                                                                                             (E) COMPUTATION IGNORING OUTLIER AND PASS-THROUGH
                                                                                          ADJUSTMENTS.—The copayment amount shall be computed
                                                                                          under subparagraph (A) as if the adjustments under para-
                                                                                          graphs (5) and (6) (and any adjustment made under para-
                                                                                          graph (2)(E) in relation to such adjustments) had not oc-
                                                                                          curred.
                                                                                        (9) PERIODIC REVIEW AND ADJUSTMENTS COMPONENTS OF PRO-
                                                                                      SPECTIVE PAYMENT SYSTEM.—
                                                                                             (A) PERIODIC REVIEW.—The Secretary shall review not
                                                                                          less often than annually and revise the groups, the relative
                                                                                          payment weights, and the wage and other adjustments de-
                                                                                          scribed in paragraph (2) to take into account changes in




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                                                                                           new services, new cost data, and other relevant informa-
                                                                                           tion and factors. The Secretary shall consult with an ex-
                                                                                           pert outside advisory panel composed of an appropriate se-
                                                                                           lection of representatives of providers to review (and ad-
                                                                                           vise the Secretary concerning) the clinical integrity of the
                                                                                           groups and weights. Such panel may use data collected or
                                                                                           developed by entities and organizations (other than the
                                                                                           Department of Health and Human Services) in conducting
                                                                                           such review.
                                                                                              (B) BUDGET NEUTRALITY ADJUSTMENT.—If the Secretary
                                                                                           makes adjustments under subparagraph (A), then the ad-
                                                                                           justments for a year may not cause the estimated amount
                                                                                           of expenditures under this part for the year to increase or
                                                                                           decrease from the estimated amount of expenditures under
                                                                                           this part that would have been made if the adjustments
                                                                                           had not been made. In determining adjustments under the
                                                                                           preceding sentence for 2004 and 2005, the Secretary shall
                                                                                           not take into account under this subparagraph or para-
                                                                                           graph (2)(E) any expenditures that would not have been
                                                                                           made but for the application of paragraph (14).
                                                                                              (C) UPDATE FACTOR.—If the Secretary determines under
                                                                                           methodologies described in paragraph (2)(F) that the vol-
                                                                                           ume of services paid for under this subsection increased
                                                                                           beyond amounts established through those methodologies,
                                                                                           the Secretary may appropriately adjust the update to the
                                                                                           conversion factor otherwise applicable in a subsequent
                                                                                           year.
                                                                                         (10) SPECIAL RULE FOR AMBULANCE SERVICES.—The Secretary
                                                                                      shall pay for hospital outpatient services that are ambulance
                                                                                      services on the basis described in section 1861(v)(1)(U), or, if
                                                                                      applicable, the fee schedule established under section 1834(l).
                                                                                         (11) SPECIAL RULES FOR CERTAIN HOSPITALS.—In the case of
                                                                                      hospitals described in clause (iii) or (v) of section
                                                                                      1886(d)(1)(B)—
                                                                                              (A) the system under this subsection shall not apply to
                                                                                           covered OPD services furnished before January 1, 2000;
                                                                                           and
                                                                                              (B) the Secretary may establish a separate conversion
                                                                                           factor for such services in a manner that specifically takes
                                                                                           into account the unique costs incurred by such hospitals by
                                                                                           virtue of their patient population and service intensity.
                                                                                         (12) LIMITATION ON REVIEW.—There shall be no administra-
                                                                                      tive or judicial review under section 1869, 1878, or otherwise
                                                                                      of—
                                                                                              (A) the development of the classification system under
                                                                                           paragraph (2), including the establishment of groups and
                                                                                           relative payment weights for covered OPD services, of
                                                                                           wage adjustment factors, other adjustments, and methods
                                                                                           described in paragraph (2)(F);
                                                                                              (B) the calculation of base amounts under paragraph (3);
                                                                                              (C) periodic adjustments made under paragraph (6);
                                                                                              (D) the establishment of a separate conversion factor
                                                                                           under paragraph (8)(B); and
                                                                                              (E) the determination of the fixed multiple, or a fixed




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                                                                                          ble percentage under paragraph (5) or the determination of
                                                                                          insignificance of cost, the duration of the additional pay-
                                                                                          ments, the determination and deletion of initial and new
                                                                                          categories (consistent with subparagraphs (B) and (C) of
                                                                                          paragraph (6)), the portion of the medicare OPD fee sched-
                                                                                          ule amount associated with particular devices, drugs, or
                                                                                          biologicals, and the application of any pro rata reduction
                                                                                          under paragraph (6).
                                                                                        (13) AUTHORIZATION OF ADJUSTMENT FOR RURAL HOS-
                                                                                      PITALS.—
                                                                                             (A) STUDY.—The Secretary shall conduct a study to de-
                                                                                          termine if, under the system under this subsection, costs
                                                                                          incurred by hospitals located in rural areas by ambulatory
                                                                                          payment classification groups (APCs) exceed those costs in-
                                                                                          curred by hospitals located in urban areas.
                                                                                             (B) AUTHORIZATION OF ADJUSTMENT.—Insofar as the Sec-
                                                                                          retary determines under subparagraph (A) that costs in-
                                                                                          curred by hospitals located in rural areas exceed those
                                                                                          costs incurred by hospitals located in urban areas, the Sec-
                                                                                          retary shall provide for an appropriate adjustment under
                                                                                          paragraph (2)(E) to reflect those higher costs by January
                                                                                          1, 2006.
                                                                                        (14) DRUG APC PAYMENT RATES.—
                                                                                             (A) IN GENERAL.—The amount of payment under this
                                                                                          subsection for a specified covered outpatient drug (defined
                                                                                          in subparagraph (B)) that is furnished as part of a covered
                                                                                          OPD service (or group of services)—
                                                                                                 (i) in 2004, in the case of—
                                                                                                       (I) a sole source drug shall in no case be less
                                                                                                    than 88 percent, or exceed 95 percent, of the ref-
                                                                                                    erence average wholesale price for the drug;
                                                                                                       (II) an innovator multiple source drug shall in
                                                                                                    no case exceed 68 percent of the reference average
                                                                                                    wholesale price for the drug; or
                                                                                                       (III) a noninnovator multiple source drug shall
                                                                                                    in no case exceed 46 percent of the reference aver-
                                                                                                    age wholesale price for the drug;
                                                                                                 (ii) in 2005, in the case of—
                                                                                                       (I) a sole source drug shall in no case be less
                                                                                                    than 83 percent, or exceed 95 percent, of the ref-
                                                                                                    erence average wholesale price for the drug;
                                                                                                       (II) an innovator multiple source drug shall in
                                                                                                    no case exceed 68 percent of the reference average
                                                                                                    wholesale price for the drug; or
                                                                                                       (III) a noninnovator multiple source drug shall
                                                                                                    in no case exceed 46 percent of the reference aver-
                                                                                                    age wholesale price for the drug; or
                                                                                                 (iii) in a subsequent year, shall be equal, subject to
                                                                                               subparagraph (E)—
                                                                                                       (I) to the average acquisition cost for the drug
                                                                                                    for that year (which, at the option of the Sec-
                                                                                                    retary, may vary by hospital group (as defined by
                                                                                                    the Secretary based on volume of covered OPD
                                                                                                    services or other relevant characteristics)), as de-




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                                                                                                       hospital acquisition cost survey data under sub-
                                                                                                       paragraph (D); or
                                                                                                          (II) if hospital acquisition cost data are not
                                                                                                       available, the average price for the drug in the
                                                                                                       year established under section 1842(o), section
                                                                                                       1847A, or section 1847B, as the case may be, as
                                                                                                       calculated and adjusted by the Secretary as nec-
                                                                                                       essary for purposes of this paragraph.
                                                                                              (B) SPECIFIED COVERED OUTPATIENT DRUG DEFINED.—
                                                                                                    (i) IN GENERAL.—In this paragraph, the term ‘‘speci-
                                                                                                 fied covered outpatient drug’’ means, subject to clause
                                                                                                 (ii), a covered outpatient drug (as defined in section
                                                                                                 1927(k)(2)) for which a separate ambulatory payment
                                                                                                 classification group (APC) has been established and
                                                                                                 that is—
                                                                                                          (I) a radiopharmaceutical; or
                                                                                                          (II) a drug or biological for which payment was
                                                                                                       made under paragraph (6) (relating to pass-
                                                                                                       through payments) on or before December 31,
                                                                                                       2002.
                                                                                                    (ii) EXCEPTION.—Such term does not include—
                                                                                                          (I) a drug or biological for which payment is
                                                                                                       first made on or after January 1, 2003, under
                                                                                                       paragraph (6);
                                                                                                          (II) a drug or biological for which a temporary
                                                                                                       HCPCS code has not been assigned; or
                                                                                                          (III) during 2004 and 2005, an orphan drug (as
                                                                                                       designated by the Secretary).
                                                                                              (C) PAYMENT FOR DESIGNATED ORPHAN DRUGS DURING
                                                                                            2004 AND 2005.—The amount of payment under this sub-
                                                                                            section for an orphan drug designated by the Secretary
                                                                                            under subparagraph (B)(ii)(III) that is furnished as part of
                                                                                            a covered OPD service (or group of services) during 2004
                                                                                            and 2005 shall equal such amount as the Secretary may
                                                                                            specify.
                                                                                              (D) ACQUISITION COST SURVEY FOR HOSPITAL OUTPATIENT
                                                                                            DRUGS.—
                                                                                                    (i) ANNUAL GAO SURVEYS IN 2004 AND 2005.—
                                                                                                          (I) IN GENERAL.—The Comptroller General of
                                                                                                       the United States shall conduct a survey in each
                                                                                                       of 2004 and 2005 to determine the hospital acqui-
                                                                                                       sition cost for each specified covered outpatient
                                                                                                       drug. Not later than April 1, 2005, the Comp-
                                                                                                       troller General shall furnish data from such sur-
                                                                                                       veys to the Secretary for use in setting the pay-
                                                                                                       ment rates under subparagraph (A) for 2006.
                                                                                                          (II) RECOMMENDATIONS.—Upon the completion
                                                                                                       of such surveys, the Comptroller General shall
                                                                                                       recommend to the Secretary the frequency and
                                                                                                       methodology of subsequent surveys to be con-
                                                                                                       ducted by the Secretary under clause (ii).
                                                                                                    (ii) SUBSEQUENT SECRETARIAL SURVEYS.—The Sec-
                                                                                                 retary, taking into account such recommendations,
                                                                                                 shall conduct periodic subsequent surveys to deter-




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                                                                                                covered outpatient drug for use in setting the payment
                                                                                                rates under subparagraph (A).
                                                                                                   (iii) SURVEY REQUIREMENTS.—The surveys conducted
                                                                                                under clauses (i) and (ii) shall have a large sample of
                                                                                                hospitals that is sufficient to generate a statistically
                                                                                                significant estimate of the average hospital acquisition
                                                                                                cost for each specified covered outpatient drug. With
                                                                                                respect to the surveys conducted under clause (i), the
                                                                                                Comptroller General shall report to Congress on the
                                                                                                justification for the size of the sample used in order to
                                                                                                assure the validity of such estimates.
                                                                                                   (iv) DIFFERENTIATION IN COST.—In conducting sur-
                                                                                                veys under clause (i), the Comptroller General shall
                                                                                                determine and report to Congress if there is (and the
                                                                                                extent of any) variation in hospital acquisition costs
                                                                                                for drugs among hospitals based on the volume of cov-
                                                                                                ered OPD services performed by such hospitals or
                                                                                                other relevant characteristics of such hospitals (as de-
                                                                                                fined by the Comptroller General).
                                                                                                   (v) COMMENT ON PROPOSED RATES.—Not later than
                                                                                                30 days after the date the Secretary promulgated pro-
                                                                                                posed rules setting forth the payment rates under sub-
                                                                                                paragraph (A) for 2006, the Comptroller General shall
                                                                                                evaluate such proposed rates and submit to Congress
                                                                                                a report regarding the appropriateness of such rates
                                                                                                based on the surveys the Comptroller General has con-
                                                                                                ducted under clause (i).
                                                                                              (E) ADJUSTMENT IN PAYMENT RATES FOR OVERHEAD
                                                                                            COSTS.—
                                                                                                   (i) MEDPAC REPORT ON DRUG APC DESIGN.—The
                                                                                                Medicare Payment Advisory Commission shall submit
                                                                                                to the Secretary, not later than July 1, 2005, a report
                                                                                                on adjustment of payment for ambulatory payment
                                                                                                classifications for specified covered outpatient drugs to
                                                                                                take into account overhead and related expenses, such
                                                                                                as pharmacy services and handling costs. Such report
                                                                                                shall include—
                                                                                                         (I) a description and analysis of the data avail-
                                                                                                      able with regard to such expenses;
                                                                                                         (II) a recommendation as to whether such a
                                                                                                      payment adjustment should be made; and
                                                                                                         (III) if such adjustment should be made, a rec-
                                                                                                      ommendation regarding the methodology for mak-
                                                                                                      ing such an adjustment.
                                                                                                   (ii) ADJUSTMENT AUTHORIZED.—The Secretary may
                                                                                                adjust the weights for ambulatory payment classifica-
                                                                                                tions for specified covered outpatient drugs to take
                                                                                                into account the recommendations contained in the re-
                                                                                                port submitted under clause (i).
                                                                                              (F) CLASSES OF DRUGS.—For purposes of this paragraph:
                                                                                                   (i) SOLE SOURCE DRUGS.—The term ‘‘sole source
                                                                                                drug’’ means—
                                                                                                         (I) a biological product (as defined under section




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                                                                                                      1861(t)(1)); or




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                                                                                                          (II) a single source drug (as defined in section
                                                                                                       1927(k)(7)(A)(iv)).
                                                                                                    (ii) INNOVATOR MULTIPLE SOURCE DRUGS.—The term
                                                                                                 ‘‘innovator multiple source drug’’ has the meaning
                                                                                                 given such term in section 1927(k)(7)(A)(ii).
                                                                                                    (iii) NONINNOVATOR MULTIPLE SOURCE DRUGS.—The
                                                                                                 term ‘‘noninnovator multiple source drug’’ has the
                                                                                                 meaning given such term in section 1927(k)(7)(A)(iii).
                                                                                              (G) REFERENCE AVERAGE WHOLESALE PRICE.—The term
                                                                                           ‘‘reference average wholesale price’’ means, with respect to
                                                                                           a specified covered outpatient drug, the average wholesale
                                                                                           price for the drug as determined under section 1842(o) as
                                                                                           of May 1, 2003.
                                                                                              (H) INAPPLICABILITY OF EXPENDITURES IN DETERMINING
                                                                                           CONVERSION, WEIGHTING, AND OTHER ADJUSTMENT FAC-
                                                                                           TORS.—Additional expenditures resulting from this para-
                                                                                           graph shall not be taken into account in establishing the
                                                                                           conversion, weighting, and other adjustment factors for
                                                                                           2004 and 2005 under paragraph (9), but shall be taken
                                                                                           into account for subsequent years.
                                                                                        (15) PAYMENT FOR NEW DRUGS AND BIOLOGICALS UNTIL HCPCS
                                                                                      CODE ASSIGNED.—With respect to payment under this part for
                                                                                      an outpatient drug or biological that is covered under this part
                                                                                      and is furnished as part of covered OPD services for which a
                                                                                      HCPCS code has not been assigned, the amount provided for
                                                                                      payment for such drug or biological under this part shall be
                                                                                      equal to 95 percent of the average wholesale price for the drug
                                                                                      or biological.
                                                                                        (16) MISCELLANEOUS PROVISIONS.—
                                                                                              (A) APPLICATION OF RECLASSIFICATION OF CERTAIN HOS-
                                                                                           PITALS.—If a hospital is being treated as being located in
                                                                                           a rural area under section 1886(d)(8)(E), that hospital
                                                                                           shall be treated under this subsection as being located in
                                                                                           that rural area.
                                                                                              (B) THRESHOLD FOR ESTABLISHMENT OF SEPARATE APCS
                                                                                           FOR DRUGS.—The Secretary shall reduce the threshold for
                                                                                           the establishment of separate ambulatory payment classi-
                                                                                           fication groups (APCs) with respect to drugs or biologicals
                                                                                           to $50 per administration for drugs and biologicals fur-
                                                                                           nished in 2005 and 2006.
                                                                                              (C) PAYMENT FOR DEVICES OF BRACHYTHERAPY AND
                                                                                           THERAPEUTIC RADIOPHARMACEUTICALS AT CHARGES AD-
                                                                                           JUSTED TO COST.—Notwithstanding the preceding provi-
                                                                                           sions of this subsection, for a device of brachytherapy con-
                                                                                           sisting of a seed or seeds (or radioactive source) furnished
                                                                                           on or after January 1, 2004, and before January 1, 2010,
                                                                                           and for therapeutic radiopharmaceuticals furnished on or
                                                                                           after January 1, 2008, and before January 1, 2010, the
                                                                                           payment basis for the device or therapeutic radiopharma-
                                                                                           ceutical under this subsection shall be equal to the hos-
                                                                                           pital’s charges for each device or therapeutic radiopharma-
                                                                                           ceutical furnished, adjusted to cost. Charges for such de-
                                                                                           vices or therapeutic radiopharmaceuticals shall not be in-
                                                                                           cluded in determining any outlier payment under this sub-




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                                                                                           section.




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                                                                                              (D) SPECIAL PAYMENT RULE.—
                                                                                                    (i) IN GENERAL.—In the case of covered OPD services
                                                                                                 furnished on or after April 1, 2013, in a hospital de-
                                                                                                 scribed in clause (ii), if—
                                                                                                          (I) the payment rate that would otherwise apply
                                                                                                       under       this    subsection    for    stereotactic
                                                                                                       radiosurgery, complete course of treatment of cra-
                                                                                                       nial lesion(s) consisting of 1 session that is multi-
                                                                                                       source Cobalt 60 based (identified as of January 1,
                                                                                                       2013, by HCPCS code 77371 (and any succeeding
                                                                                                       code) and reimbursed as of such date under APC
                                                                                                       0127 (and any succeeding classification group));
                                                                                                       exceeds
                                                                                                          (II) the payment rate that would otherwise
                                                                                                       apply under this subsection for linear accelerator
                                                                                                       based stereotactic radiosurgery, complete course of
                                                                                                       therapy in one session (identified as of January 1,
                                                                                                       2013, by HCPCS code G0173 (and any succeeding
                                                                                                       code) and reimbursed as of such date under APC
                                                                                                       0067 (and any succeeding classification group)),
                                                                                                 the payment rate for the service described in sub-
                                                                                                 clause (I) shall be reduced to an amount equal to the
                                                                                                 payment rate for the service described in subclause
                                                                                                 (II).
                                                                                                    (ii) HOSPITAL DESCRIBED.—A hospital described in
                                                                                                 this clause is a hospital that is not—
                                                                                                          (I) located in a rural area (as defined in section
                                                                                                       1886(d)(2)(D));
                                                                                                          (II) classified as a rural referral center under
                                                                                                       section 1886(d)(5)(C); or
                                                                                                          (III) a sole community hospital (as defined in
                                                                                                       section 1886(d)(5)(D)(iii)).
                                                                                                    (iii) NOT BUDGET NEUTRAL.—In making any budget
                                                                                                 neutrality adjustments under this subsection for 2013
                                                                                                 (with respect to covered OPD services furnished on or
                                                                                                 after April 1, 2013, and before January 1, 2014) or a
                                                                                                 subsequent year, the Secretary shall not take into ac-
                                                                                                 count the reduced expenditures that result from the
                                                                                                 application of this subparagraph.
                                                                                              (E) APPLICATION OF APPROPRIATE USE CRITERIA FOR CER-
                                                                                            TAIN IMAGING SERVICES.—For provisions relating to the ap-
                                                                                            plication of appropriate use criteria for certain imaging
                                                                                            services, see section 1834(q).
                                                                                              (F) PAYMENT INCENTIVE FOR THE TRANSITION FROM TRA-
                                                                                            DITIONAL X-RAY IMAGING TO DIGITAL RADIOGRAPHY.—Not-
                                                                                            withstanding the previous provisions of this subsection:
                                                                                                    (i) LIMITATION ON PAYMENT FOR FILM X-RAY IMAGING
                                                                                                 SERVICES.—In the case of an imaging service that is an
                                                                                                 X-ray taken using film and that is furnished during
                                                                                                 2017 or a subsequent year, the payment amount for
                                                                                                 such service (including the X-ray component of a pack-
                                                                                                 aged service) that would otherwise be determined
                                                                                                 under this section (without application of this para-




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                                                                                                under this subsection) for such year shall be reduced
                                                                                                by 20 percent.
                                                                                                   (ii) PHASED-IN LIMITATION ON PAYMENT FOR COM-
                                                                                                PUTED RADIOGRAPHY IMAGING SERVICES.—In the case
                                                                                                of an imaging service that is an X-ray taken using
                                                                                                computed radiography technology (as defined in sec-
                                                                                                tion 1848(b)(9)(C))—
                                                                                                         (I) in the case of such a service furnished during
                                                                                                      2018, 2019, 2020, 2021, or 2022, the payment
                                                                                                      amount for such service (including the X-ray com-
                                                                                                      ponent of a packaged service) that would other-
                                                                                                      wise be determined under this section (without
                                                                                                      application of this paragraph and before applica-
                                                                                                      tion of any other adjustment under this sub-
                                                                                                      section) for such year shall be reduced by 7 per-
                                                                                                      cent; and
                                                                                                         (II) in the case of such a service furnished dur-
                                                                                                      ing 2023 or a subsequent year, the payment
                                                                                                      amount for such service (including the X-ray com-
                                                                                                      ponent of a packaged service) that would other-
                                                                                                      wise be determined under this section (without
                                                                                                      application of this paragraph and before applica-
                                                                                                      tion of any other adjustment under this sub-
                                                                                                      section) for such year shall be reduced by 10 per-
                                                                                                      cent.
                                                                                                   (iii) APPLICATION WITHOUT REGARD TO BUDGET NEU-
                                                                                                TRALITY.—The reductions made under this subpara-
                                                                                                graph—
                                                                                                         (I) shall not be considered an adjustment under
                                                                                                      paragraph (2)(E); and
                                                                                                         (II) shall not be implemented in a budget neu-
                                                                                                      tral manner.
                                                                                                   (iv) IMPLEMENTATION.—In order to implement this
                                                                                                subparagraph, the Secretary shall adopt appropriate
                                                                                                mechanisms which may include use of modifiers.
                                                                                         (17) QUALITY REPORTING.—
                                                                                              (A) REDUCTION IN UPDATE FOR FAILURE TO REPORT.—
                                                                                                   (i) IN GENERAL.—For purposes of paragraph
                                                                                                (3)(C)(iv) for 2009 and each subsequent year, in the
                                                                                                case of a subsection (d) hospital (as defined in section
                                                                                                1886(d)(1)(B)) that does not submit, to the Secretary in
                                                                                                accordance with this paragraph, data required to be
                                                                                                submitted on measures selected under this paragraph
                                                                                                with respect to such a year, the OPD fee schedule in-
                                                                                                crease factor under paragraph (3)(C)(iv) for such year
                                                                                                shall be reduced by 2.0 percentage points.
                                                                                                   (ii) NON-CUMULATIVE APPLICATION.—A reduction
                                                                                                under this subparagraph shall apply only with respect
                                                                                                to the year involved and the Secretary shall not take
                                                                                                into account such reduction in computing the OPD fee
                                                                                                schedule increase factor for a subsequent year.
                                                                                              (B) FORM AND MANNER OF SUBMISSION.—Each subsection
                                                                                           (d) hospital shall submit data on measures selected under




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                                                                                           this paragraph to the Secretary in a form and manner, and




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                                                                                          at a time, specified by the Secretary for purposes of this
                                                                                          paragraph.
                                                                                             (C) DEVELOPMENT OF OUTPATIENT MEASURES.—
                                                                                                  (i) IN GENERAL.—The Secretary shall develop meas-
                                                                                               ures that the Secretary determines to be appropriate
                                                                                               for the measurement of the quality of care (including
                                                                                               medication errors) furnished by hospitals in outpatient
                                                                                               settings and that reflect consensus among affected
                                                                                               parties and, to the extent feasible and practicable,
                                                                                               shall include measures set forth by one or more na-
                                                                                               tional consensus building entities.
                                                                                                  (ii) CONSTRUCTION.—Nothing in this paragraph shall
                                                                                               be construed as preventing the Secretary from select-
                                                                                               ing measures that are the same as (or a subset of) the
                                                                                               measures for which data are required to be submitted
                                                                                               under section 1886(b)(3)(B)(viii).
                                                                                             (D) REPLACEMENT OF MEASURES.—For purposes of this
                                                                                          paragraph, the Secretary may replace any measures or in-
                                                                                          dicators in appropriate cases, such as where all hospitals
                                                                                          are effectively in compliance or the measures or indicators
                                                                                          have been subsequently shown not to represent the best
                                                                                          clinical practice.
                                                                                             (E) AVAILABILITY OF DATA.—The Secretary shall estab-
                                                                                          lish procedures for making data submitted under this
                                                                                          paragraph available to the public. Such procedures shall
                                                                                          ensure that a hospital has the opportunity to review the
                                                                                          data that are to be made public with respect to the hos-
                                                                                          pital prior to such data being made public. The Secretary
                                                                                          shall report quality measures of process, structure, out-
                                                                                          come, patients’ perspectives on care, efficiency, and costs of
                                                                                          care that relate to services furnished in outpatient settings
                                                                                          in hospitals on the Internet website of the Centers for
                                                                                          Medicare & Medicaid Services.
                                                                                        (18) AUTHORIZATION OF ADJUSTMENT FOR CANCER HOS-
                                                                                      PITALS.—
                                                                                             (A) STUDY.—The Secretary shall conduct a study to de-
                                                                                          termine if, under the system under this subsection, costs
                                                                                          incurred by hospitals described in section 1886(d)(1)(B)(v)
                                                                                          with respect to ambulatory payment classification groups
                                                                                          exceed those costs incurred by other hospitals furnishing
                                                                                          services under this subsection (as determined appropriate
                                                                                          by the Secretary). In conducting the study under this sub-
                                                                                          paragraph, the Secretary shall take into consideration the
                                                                                          cost of drugs and biologicals incurred by such hospitals.
                                                                                             (B) AUTHORIZATION OF ADJUSTMENT.—Insofar as the Sec-
                                                                                          retary determines under subparagraph (A) that costs in-
                                                                                          curred by hospitals described in section 1886(d)(1)(B)(v) ex-
                                                                                          ceed those costs incurred by other hospitals furnishing
                                                                                          services under this subsection, the Secretary shall, subject
                                                                                          to subparagraph (C), provide for an appropriate adjust-
                                                                                          ment under paragraph (2)(E) to reflect those higher costs
                                                                                          effective for services furnished on or after January 1, 2011.
                                                                                             (C) TARGET PCR ADJUSTMENT.—In applying section
                                                                                          419.43(i) of title 42 of the Code of Federal Regulations to




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                                                                                           graph for services furnished on or after January 1, 2018,
                                                                                           the Secretary shall use a target PCR that is 1.0 percentage
                                                                                           points less than the target PCR that would otherwise
                                                                                           apply. In addition to the percentage point reduction under
                                                                                           the previous sentence, the Secretary may consider making
                                                                                           an additional percentage point reduction to such target
                                                                                           PCR that takes into account payment rates for applicable
                                                                                           items and services described in paragraph (21)(C) other
                                                                                           than for services furnished by hospitals described in sec-
                                                                                           tion 1886(d)(1)(B)(v). In making any budget neutrality ad-
                                                                                           justments under this subsection for 2018 or a subsequent
                                                                                           year, the Secretary shall not take into account the reduced
                                                                                           expenditures that result from the application of this sub-
                                                                                           paragraph.
                                                                                         (19) FLOOR ON AREA WAGE ADJUSTMENT FACTOR FOR HOS-
                                                                                      PITAL   OUTPATIENT  DEPARTMENT    SERVICES   IN  FRONTIER
                                                                                      STATES.—
                                                                                            (A) IN GENERAL.—Subject to subparagraph (B), with re-
                                                                                           spect to covered OPD services furnished on or after Janu-
                                                                                           ary 1, 2011, the area wage adjustment factor applicable
                                                                                           under the payment system established under this sub-
                                                                                           section to any hospital outpatient department which is lo-
                                                                                           cated in a frontier State (as defined in section
                                                                                           1886(d)(3)(E)(iii)(II)) may not be less than 1.00. The pre-
                                                                                           ceding sentence shall not be applied in a budget neutral
                                                                                           manner.
                                                                                              (B) LIMITATION.—This paragraph shall not apply to any
                                                                                           hospital outpatient department located in a State that re-
                                                                                           ceives a non-labor related share adjustment under section
                                                                                           1886(d)(5)(H).
                                                                                         (20) NOT BUDGET NEUTRAL APPLICATION OF REDUCED EXPEND-
                                                                                      ITURES RESULTING FROM QUALITY INCENTIVES FOR COMPUTED
                                                                                      TOMOGRAPHY.—The Secretary shall not take into account the
                                                                                      reduced expenditures that result from the application of sec-
                                                                                      tion 1834(p) in making any budget neutrality adjustments this
                                                                                      subsection.
                                                                                         (21) SERVICES FURNISHED BY AN OFF-CAMPUS OUTPATIENT DE-
                                                                                      PARTMENT OF A PROVIDER.—
                                                                                              (A) APPLICABLE ITEMS AND SERVICES.—For purposes of
                                                                                           paragraph (1)(B)(v) and this paragraph, the term ‘‘applica-
                                                                                           ble items and services’’ means items and services other
                                                                                           than items and services furnished by a dedicated emer-
                                                                                           gency department (as defined in section 489.24(b) of title
                                                                                           42 of the Code of Federal Regulations).
                                                                                              (B) OFF-CAMPUS OUTPATIENT DEPARTMENT OF A PRO-
                                                                                           VIDER.—
                                                                                                  (i) IN GENERAL.—For purposes of paragraph (1)(B)(v)
                                                                                                and this paragraph, subject to the subsequent provi-
                                                                                                sions of this subparagraph, the term ‘‘off-campus out-
                                                                                                patient department of a provider’’ means a department
                                                                                                of a provider (as defined in section 413.65(a)(2) of title
                                                                                                42 of the Code of Federal Regulations, as in effect as
                                                                                                of the date of the enactment of this paragraph) that is




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                                                                                                            (I) on the campus (as defined in such section
                                                                                                         413.65(a)(2)) of such provider; or
                                                                                                            (II) within the distance (described in such defi-
                                                                                                         nition of campus) from a remote location of a hos-
                                                                                                         pital facility (as defined in such section
                                                                                                         413.65(a)(2)).
                                                                                                      (ii) EXCEPTION.—For purposes of paragraph (1)(B)(v)
                                                                                                   and this paragraph, the term ‘‘off-campus outpatient
                                                                                                   department of a provider’’ shall not include a depart-
                                                                                                   ment of a provider (as so defined) that was billing
                                                                                                   under this subsection with respect to covered OPD
                                                                                                   services furnished prior to the date of the enactment
                                                                                                   of this paragraph.
                                                                                                      (iii) DEEMED TREATMENT FOR 2017.—For purposes of
                                                                                                   applying clause (ii) with respect to applicable items
                                                                                                   and services furnished during 2017, a department of a
                                                                                                   provider (as so defined) not described in such clause is
                                                                                                   deemed to be billing under this subsection with re-
                                                                                                   spect to covered OPD services furnished prior to No-
                                                                                                   vember 2, 2015, if the Secretary received from the pro-
                                                                                                   vider prior to December 2, 2015, an attestation (pursu-
                                                                                                   ant to section 413.65(b)(3) of title 42 of the Code of
                                                                                                   Federal Regulations) that such department was a de-
                                                                                                   partment of a provider (as so defined).
                                                                                                      (iv) ALTERNATIVE EXCEPTION BEGINNING WITH 2018.—
                                                                                                   For purposes of paragraph (1)(B)(v) and this para-
                                                                                                   graph with respect to applicable items and services
                                                                                                   furnished during 2018 or a subsequent year, the term
                                                                                                   ‘‘off-campus outpatient department of a provider’’ also
                                                                                                   shall not include a department of a provider (as so de-
                                                                                                   fined) that is not described in clause (ii) if—
                                                                                                            (I) the Secretary receives from the provider an
                                                                                                         attestation (pursuant to such section 413.65(b)(3))
                                                                                                         not later than December 31, 2016 (or, if later, 60
                                                                                                         days after the date of the enactment of this
                                                                                                         clause), that such department met the require-
                                                                                                         ments of a department of a provider specified in
                                                                                                         section 413.65 of title 42 of the Code of Federal
                                                                                                         Regulations;
                                                                                                            (II) the provider includes such department as
                                                                                                         part of the provider on its enrollment form in ac-
                                                                                                         cordance with the enrollment process under sec-
                                                                                                         tion 1866(j); and
                                                                                                            (III) the department met the mid-build require-
                                                                                                         ment of clause (v) and the Secretary receives, not
                                                                                                         later than 60 days after the date of the enactment
                                                                                                         of this clause, from the chief executive officer or
                                                                                                         chief operating officer of the provider a written
                                                                                                         certification that the department met such re-
                                                                                                         quirement.
                                                                                                      (v) MID-BUILD REQUIREMENT DESCRIBED.—The mid-
                                                                                                   build requirement of this clause is, with respect to a
                                                                                                   department of a provider, that before November 2,




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                                                                                                   2015, the provider had a binding written agreement




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                                                                                                   with an outside unrelated party for the actual con-
                                                                                                   struction of such department.
                                                                                                      (vi) EXCLUSION FOR CERTAIN CANCER HOSPITALS.—
                                                                                                   For purposes of paragraph (1)(B)(v) and this para-
                                                                                                   graph with respect to applicable items and services
                                                                                                   furnished during 2017 or a subsequent year, the term
                                                                                                   ‘‘off-campus outpatient department of a provider’’ also
                                                                                                   shall not include a department of a provider (as so de-
                                                                                                   fined) that is not described in clause (ii) if the provider
                                                                                                   is a hospital described in section 1886(d)(1)(B)(v)
                                                                                                   and—
                                                                                                            (I) in the case of a department that met the re-
                                                                                                         quirements of section 413.65 of title 42 of the
                                                                                                         Code of Federal Regulations after November 1,
                                                                                                         2015, and before the date of the enactment of this
                                                                                                         clause, the Secretary receives from the provider
                                                                                                         an attestation that such department met such re-
                                                                                                         quirements not later than 60 days after such date
                                                                                                         of enactment; or
                                                                                                            (II) in the case of a department that meets such
                                                                                                         requirements after such date of enactment, the
                                                                                                         Secretary receives from the provider an attesta-
                                                                                                         tion that such department meets such require-
                                                                                                         ments not later than 60 days after the date such
                                                                                                         requirements are first met with respect to such
                                                                                                         department.
                                                                                                      (vii) AUDIT.—Not later than December 31, 2018, the
                                                                                                   Secretary shall audit the compliance with require-
                                                                                                   ments of clause (iv) with respect to each department
                                                                                                   of a provider to which such clause applies. Not later
                                                                                                   than 2 years after the date the Secretary receives an
                                                                                                   attestation under clause (vi) relating to compliance of
                                                                                                   a department of a provider with requirements referred
                                                                                                   to in such clause, the Secretary shall audit the compli-
                                                                                                   ance with such requirements with respect to the de-
                                                                                                   partment. If the Secretary finds as a result of an audit
                                                                                                   under this clause that the applicable requirements
                                                                                                   were not met with respect to such department, the de-
                                                                                                   partment shall not be excluded from the term ‘‘off-
                                                                                                   campus outpatient department of a provider’’ under
                                                                                                   such clause.
                                                                                                      (viii) IMPLEMENTATION.—For purposes of imple-
                                                                                                   menting clauses (iii) through (vii):
                                                                                                            (I) Notwithstanding any other provision of law,
                                                                                                         the Secretary may implement such clauses by pro-
                                                                                                         gram instruction or otherwise.
                                                                                                            (II) Subchapter I of chapter 35 of title 44,
                                                                                                         United States Code, shall not apply.
                                                                                                            (III) For purposes of carrying out this subpara-
                                                                                                         graph with respect to clauses (iii) and (iv) (and
                                                                                                         clause (vii) insofar as it relates to clause (iv)),
                                                                                                         $10,000,000 shall be available from the Federal
                                                                                                         Supplementary Medical Insurance Trust Fund
                                                                                                         under section 1841, to remain available until De-




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                                                                                                         cember 31, 2018. For purposes of carrying out this




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                                                                                                           subparagraph with respect to clause (vi) (and
                                                                                                           clause (vii) insofar as it relates to such clause),
                                                                                                           $2,000,000 shall be available from the Federal
                                                                                                           Supplementary Medical Insurance Trust Fund
                                                                                                           under section 1841, to remain available until ex-
                                                                                                           pended.
                                                                                              (C) AVAILABILITY OF PAYMENT UNDER OTHER PAYMENT
                                                                                            SYSTEMS.—Payments for applicable items and services fur-
                                                                                          nished by an off-campus outpatient department of a pro-
                                                                                          vider that are described in paragraph (1)(B)(v) shall be
                                                                                          made under the applicable payment system under this
                                                                                          part (other than under this subsection) if the requirements
                                                                                          for such payment are otherwise met.
                                                                                            (D) INFORMATION NEEDED FOR IMPLEMENTATION.—Each
                                                                                          hospital shall provide to the Secretary such information as
                                                                                          the Secretary determines appropriate to implement this
                                                                                          paragraph and paragraph (1)(B)(v) (which may include re-
                                                                                          porting of information on a hospital claim using a code or
                                                                                          modifier and reporting information about off-campus out-
                                                                                          patient departments of a provider on the enrollment form
                                                                                          described in section 1866(j)).
                                                                                            (E) LIMITATIONS.—There shall be no administrative or
                                                                                          judicial review under section 1869, section 1878, or other-
                                                                                          wise of the following:
                                                                                                 (i) The determination of the applicable items and
                                                                                               services under subparagraph (A) and applicable pay-
                                                                                               ment systems under subparagraph (C).
                                                                                                 (ii) The determination of whether a department of a
                                                                                               provider meets the term described in subparagraph
                                                                                               (B).
                                                                                                 (iii) Any information that hospitals are required to
                                                                                               report pursuant to subparagraph (D).
                                                                                                 (iv) The determination of an audit under subpara-
                                                                                               graph (B)(vii).
                                                                                        (22) REVIEW AND REVISIONS OF PAYMENTS FOR NON-OPIOID
                                                                                      ALTERNATIVE TREATMENTS.—
                                                                                            (A) IN GENERAL.—With respect to payments made under
                                                                                          this subsection for covered OPD services (or groups of serv-
                                                                                          ices), including covered OPD services assigned to a com-
                                                                                          prehensive ambulatory payment classification, the Sec-
                                                                                          retary—
                                                                                                 (i) shall, as soon as practicable, conduct a review
                                                                                               (part of which may include a request for information)
                                                                                               of payments for opioids and evidence-based non-opioid
                                                                                               alternatives for pain management (including drugs
                                                                                               and devices, nerve blocks, surgical injections, and
                                                                                               neuromodulation) with a goal of ensuring that there
                                                                                               are not financial incentives to use opioids instead of
                                                                                               non-opioid alternatives;
                                                                                                 (ii) may, as the Secretary determines appropriate,
                                                                                               conduct subsequent reviews of such payments; and
                                                                                                 (iii) shall consider the extent to which revisions
                                                                                               under this subsection to such payments (such as the
                                                                                               creation of additional groups of covered OPD services




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                                                                                               to classify separately those procedures that utilize




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                                                                                               opioids and non-opioid alternatives for pain manage-
                                                                                               ment) would reduce payment incentives to use opioids
                                                                                               instead of non-opioid alternatives for pain manage-
                                                                                               ment.
                                                                                             (B) PRIORITY.—In conducting the review under clause (i)
                                                                                          of subparagraph (A) and considering revisions under
                                                                                          clause (iii) of such subparagraph, the Secretary shall focus
                                                                                          on covered OPD services (or groups of services) assigned to
                                                                                          a comprehensive ambulatory payment classification, ambu-
                                                                                          latory payment classifications that primarily include sur-
                                                                                          gical services, and other services determined by the Sec-
                                                                                          retary which generally involve treatment for pain manage-
                                                                                          ment.
                                                                                             (C) REVISIONS.—If the Secretary identifies revisions to
                                                                                          payments pursuant to subparagraph (A)(iii), the Secretary
                                                                                          shall, as determined appropriate, begin making such revi-
                                                                                          sions for services furnished on or after January 1, 2020.
                                                                                          Revisions under the previous sentence shall be treated as
                                                                                          adjustments for purposes of application of paragraph
                                                                                          (9)(B).
                                                                                             (D) RULES OF CONSTRUCTION.—Nothing in this para-
                                                                                          graph shall be construed to preclude the Secretary—
                                                                                                  (i) from conducting a demonstration before making
                                                                                               the revisions described in subparagraph (C); or
                                                                                                  (ii) prior to implementation of this paragraph, from
                                                                                               changing payments under this subsection for covered
                                                                                               OPD services (or groups of services) which include
                                                                                               opioids or non-opioid alternatives for pain manage-
                                                                                               ment.
                                                                                   (u) INCENTIVE PAYMENTS FOR PHYSICIAN SCARCITY AREAS.—
                                                                                        (1) IN GENERAL.—In the case of physicians’ services fur-
                                                                                     nished on or after January 1, 2005, and before July 1, 2008—
                                                                                             (A) by a primary care physician in a primary care scar-
                                                                                          city county (identified under paragraph (4)); or
                                                                                             (B) by a physician who is not a primary care physician
                                                                                          in a specialist care scarcity county (as so identified),
                                                                                     in addition to the amount of payment that would otherwise be
                                                                                     made for such services under this part, there also shall be paid
                                                                                     an amount equal to 5 percent of the payment amount for the
                                                                                     service under this part.
                                                                                        (2) DETERMINATION OF RATIOS OF PHYSICIANS TO MEDICARE
                                                                                     BENEFICIARIES IN AREA.—Based upon available data, the Sec-
                                                                                     retary shall establish for each county or equivalent area in the
                                                                                     United States, the following:
                                                                                             (A) NUMBER OF PHYSICIANS PRACTICING IN THE AREA.—
                                                                                          The number of physicians who furnish physicians’ services
                                                                                          in the active practice of medicine or osteopathy in that
                                                                                          county or area, other than physicians whose practice is ex-
                                                                                          clusively for the Federal Government, physicians who are
                                                                                          retired, or physicians who only provide administrative
                                                                                          services. Of such number, the number of such physicians
                                                                                          who are—
                                                                                                  (i) primary care physicians; or




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                                                                                                  (ii) physicians who are not primary care physicians.




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                                                                                              (B) NUMBER OF MEDICARE BENEFICIARIES RESIDING IN
                                                                                            THE AREA.—The number of individuals who are residing in
                                                                                          the county and are entitled to benefits under part A or en-
                                                                                          rolled under this part, or both (in this subsection referred
                                                                                          to as ‘‘individuals’’).
                                                                                             (C) DETERMINATION OF RATIOS.—
                                                                                                  (i) PRIMARY CARE RATIO.—The ratio (in this para-
                                                                                               graph referred to as the ‘‘primary care ratio’’) of the
                                                                                               number of primary care physicians (determined under
                                                                                               subparagraph (A)(i)), to the number of individuals de-
                                                                                               termined under subparagraph (B).
                                                                                                  (ii) SPECIALIST CARE RATIO.—The ratio (in this para-
                                                                                               graph referred to as the ‘‘specialist care ratio’’) of the
                                                                                               number of other physicians (determined under sub-
                                                                                               paragraph (A)(ii)), to the number of individuals deter-
                                                                                               mined under subparagraph (B).
                                                                                        (3) RANKING OF COUNTIES.—The Secretary shall rank each
                                                                                      such county or area based separately on its primary care ratio
                                                                                      and its specialist care ratio.
                                                                                        (4) IDENTIFICATION OF COUNTIES.—
                                                                                             (A) IN GENERAL.—The Secretary shall identify—
                                                                                                  (i) those counties and areas (in this paragraph re-
                                                                                               ferred to as ‘‘primary care scarcity counties’’) with the
                                                                                               lowest primary care ratios that represent, if each such
                                                                                               county or area were weighted by the number of indi-
                                                                                               viduals determined under paragraph (2)(B), an aggre-
                                                                                               gate total of 20 percent of the total of the individuals
                                                                                               determined under such paragraph; and
                                                                                                  (ii) those counties and areas (in this subsection re-
                                                                                               ferred to as ‘‘specialist care scarcity counties’’) with the
                                                                                               lowest specialist care ratios that represent, if each
                                                                                               such county or area were weighted by the number of
                                                                                               individuals determined under paragraph (2)(B), an ag-
                                                                                               gregate total of 20 percent of the total of the individ-
                                                                                               uals determined under such paragraph.
                                                                                             (B) PERIODIC REVISIONS.—The Secretary shall periodi-
                                                                                          cally revise the counties or areas identified in subpara-
                                                                                          graph (A) (but not less often than once every three years)
                                                                                          unless the Secretary determines that there is no new data
                                                                                          available on the number of physicians practicing in the
                                                                                          county or area or the number of individuals residing in the
                                                                                          county or area, as identified in paragraph (2).
                                                                                             (C) IDENTIFICATION OF COUNTIES WHERE SERVICE IS FUR-
                                                                                          NISHED.—For purposes of paying the additional amount
                                                                                          specified in paragraph (1), if the Secretary uses the 5-digit
                                                                                          postal ZIP Code where the service is furnished, the domi-
                                                                                          nant county of the postal ZIP Code (as determined by the
                                                                                          United States Postal Service, or otherwise) shall be used
                                                                                          to determine whether the postal ZIP Code is in a scarcity
                                                                                          county identified in subparagraph (A) or revised in sub-
                                                                                          paragraph (B).
                                                                                             (D) SPECIAL RULE.—With respect to physicians’ services
                                                                                          furnished on or after January 1, 2008, and before July 1,
                                                                                          2008, for purposes of this subsection, the Secretary shall




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                                                                                          use the primary care scarcity counties and the specialty




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                                                                                         care scarcity counties (as identified under the preceding
                                                                                         provisions of this paragraph) that the Secretary was using
                                                                                         under this subsection with respect to physicians’ services
                                                                                         furnished on December 31, 2007.
                                                                                            (E) JUDICIAL REVIEW.—There shall be no administrative
                                                                                         or judicial review under section 1869, 1878, or otherwise,
                                                                                         respecting—
                                                                                                116.(i) the identification of a county or area;
                                                                                                (ii) the assignment of a specialty of any physician
                                                                                              under this paragraph;
                                                                                                (iii) the assignment of a physician to a county under
                                                                                              paragraph (2); or
                                                                                                (iv) the assignment of a postal ZIP Code to a county
                                                                                              or other area under this subsection.
                                                                                       (5) RURAL CENSUS TRACTS.—To the extent feasible, the Sec-
                                                                                    retary shall treat a rural census tract of a metropolitan statis-
                                                                                    tical area (as determined under the most recent modification of
                                                                                    the Goldsmith Modification, originally published in the Federal
                                                                                    Register on February 27, 1992 (57 Fed. Reg. 6725)), as an
                                                                                    equivalent area for purposes of qualifying as a primary care
                                                                                    scarcity county or specialist care scarcity county under this
                                                                                    subsection.
                                                                                       (6) PHYSICIAN DEFINED.—For purposes of this paragraph, the
                                                                                    term ‘‘physician’’ means a physician described in section
                                                                                    1861(r)(1) and the term ‘‘primary care physician’’ means a phy-
                                                                                    sician who is identified in the available data as a general prac-
                                                                                    titioner, family practice practitioner, general internist, or ob-
                                                                                    stetrician or gynecologist.
                                                                                       (7) PUBLICATION OF LIST OF COUNTIES; POSTING ON
                                                                                    WEBSITE.—With respect to a year for which a county or area
                                                                                    is identified or revised under paragraph (4), the Secretary shall
                                                                                    identify such counties or areas as part of the proposed and
                                                                                    final rule to implement the physician fee schedule under sec-
                                                                                    tion 1848 for the applicable year. The Secretary shall post the
                                                                                    list of counties identified or revised under paragraph (4) on the
                                                                                    Internet website of the Centers for Medicare & Medicaid Serv-
                                                                                    ices.
                                                                                  (v) INCREASE OF FQHC PAYMENT LIMITS.—In the case of services
                                                                               furnished by Federally qualified health centers (as defined in sec-
                                                                               tion 1861(aa)(4)), the Secretary shall establish payment limits with
                                                                               respect to such services under this part for services furnished—
                                                                                       (1) in 2010, at the limits otherwise established under this
                                                                                    part for such year increased by $5; and
                                                                                       (2) in a subsequent year, at the limits established under this
                                                                                    subsection for the previous year increased by the percentage
                                                                                    increase in the MEI (as defined in section 1842(i)(3)) for such
                                                                                    subsequent year.
                                                                                  (w) METHODS OF PAYMENT.—The Secretary may develop alter-
                                                                               native methods of payment for items and services provided under
                                                                               clinical trials and comparative effectiveness studies sponsored or
                                                                               supported by an agency of the Department of Health and Human
                                                                               Services, as determined by the Secretary, to those that would oth-
                                                                               erwise apply under this section, to the extent such alternative
                                                                               methods are necessary to preserve the scientific validity of such




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                                                                               trials or studies, such as in the case where masking the identity




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                                                                               of interventions from patients and investigators is necessary to
                                                                               comply with the particular trial or study design.
                                                                                 (x) INCENTIVE PAYMENTS FOR PRIMARY CARE SERVICES.—
                                                                                      (1) IN GENERAL.—In the case of primary care services fur-
                                                                                   nished on or after January 1, 2011, and before January 1,
                                                                                   2016, by a primary care practitioner, in addition to the amount
                                                                                   of payment that would otherwise be made for such services
                                                                                   under this part, there also shall be paid (on a monthly or quar-
                                                                                   terly basis) an amount equal to 10 percent of the payment
                                                                                   amount for the service under this part.
                                                                                      (2) DEFINITIONS.—In this subsection:
                                                                                           (A) PRIMARY CARE PRACTITIONER.—The term ‘‘primary
                                                                                        care practitioner’’ means an individual—
                                                                                               (i) who—
                                                                                                     (I) is a physician (as described in section
                                                                                                  1861(r)(1)) who has a primary specialty designa-
                                                                                                  tion of family medicine, internal medicine, geri-
                                                                                                  atric medicine, or pediatric medicine; or
                                                                                                     (II) is a nurse practitioner, clinical nurse spe-
                                                                                                  cialist, or physician assistant (as those terms are
                                                                                                  defined in section 1861(aa)(5)); and
                                                                                               (ii) for whom primary care services accounted for at
                                                                                             least 60 percent of the allowed charges under this part
                                                                                             for such physician or practitioner in a prior period as
                                                                                             determined appropriate by the Secretary.
                                                                                           (B) PRIMARY CARE SERVICES.—The term ‘‘primary care
                                                                                        services’’ means services identified, as of January 1, 2009,
                                                                                        by the following HCPCS codes (and as subsequently modi-
                                                                                        fied by the Secretary):
                                                                                               (i) 99201 through 99215.
                                                                                               (ii) 99304 through 99340.
                                                                                               (iii) 99341 through 99350.
                                                                                      (3) COORDINATION WITH OTHER PAYMENTS.—The amount of
                                                                                   the additional payment for a service under this subsection and
                                                                                   subsection (m) shall be determined without regard to any addi-
                                                                                   tional payment for the service under subsection (m) and this
                                                                                   subsection, respectively. The amount of the additional payment
                                                                                   for a service under this subsection and subsection (z) shall be
                                                                                   determined without regard to any additional payment for the
                                                                                   service under subsection (z) and this subsection, respectively.
                                                                                      (4) LIMITATION ON REVIEW.—There shall be no administra-
                                                                                   tive or judicial review under section 1869, 1878, or otherwise,
                                                                                   respecting the identification of primary care practitioners
                                                                                   under this subsection.
                                                                                 (y) INCENTIVE PAYMENTS FOR MAJOR SURGICAL PROCEDURES
                                                                               FURNISHED IN HEALTH PROFESSIONAL SHORTAGE AREAS.—
                                                                                      (1) IN GENERAL.—In the case of major surgical procedures
                                                                                   furnished on or after January 1, 2011, and before January 1,
                                                                                   2016, by a general surgeon in an area that is designated
                                                                                   (under section 332(a)(1)(A) of the Public Health Service Act) as
                                                                                   a health professional shortage area as identified by the Sec-
                                                                                   retary prior to the beginning of the year involved, in addition
                                                                                   to the amount of payment that would otherwise be made for




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                                                                                   such services under this part, there also shall be paid (on a




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                                                                                    monthly or quarterly basis) an amount equal to 10 percent of
                                                                                    the payment amount for the service under this part.
                                                                                       (2) DEFINITIONS.—In this subsection:
                                                                                            (A) GENERAL SURGEON.—In this subsection, the term
                                                                                         ‘‘general surgeon’’ means a physician (as described in sec-
                                                                                         tion 1861(r)(1)) who has designated CMS specialty code
                                                                                         02–General Surgery as their primary specialty code in the
                                                                                         physician’s enrollment under section 1866(j).
                                                                                            (B) MAJOR SURGICAL PROCEDURES.—The term ‘‘major
                                                                                         surgical procedures’’ means physicians’ services which are
                                                                                         surgical procedures for which a 10-day or 90-day global pe-
                                                                                         riod is used for payment under the fee schedule under sec-
                                                                                         tion 1848(b).
                                                                                       (3) COORDINATION WITH OTHER PAYMENTS.—The amount of
                                                                                    the additional payment for a service under this subsection and
                                                                                    subsection (m) shall be determined without regard to any addi-
                                                                                    tional payment for the service under subsection (m) and this
                                                                                    subsection, respectively. The amount of the additional payment
                                                                                    for a service under this subsection and subsection (z) shall be
                                                                                    determined without regard to any additional payment for the
                                                                                    service under subsection (z) and this subsection, respectively.
                                                                                       (4) APPLICATION.—The provisions of paragraph (2) and (4) of
                                                                                    subsection (m) shall apply to the determination of additional
                                                                                    payments under this subsection in the same manner as such
                                                                                    provisions apply to the determination of additional payments
                                                                                    under subsection (m).
                                                                                 (z) INCENTIVE PAYMENTS FOR PARTICIPATION IN ELIGIBLE ALTER-
                                                                               NATIVE PAYMENT MODELS.—
                                                                                       (1) PAYMENT INCENTIVE.—
                                                                                            (A) IN GENERAL.—In the case of covered professional
                                                                                         services furnished by an eligible professional during a year
                                                                                         that is in the period beginning with 2019 and ending with
                                                                                         2024 and for which the professional is a qualifying APM
                                                                                         participant with respect to such year, in addition to the
                                                                                         amount of payment that would otherwise be made for such
                                                                                         covered professional services under this part for such year,
                                                                                         there also shall be paid to such professional an amount
                                                                                         equal to 5 percent of the estimated aggregate payment
                                                                                         amounts for such covered professional services under this
                                                                                         part for the preceding year. For purposes of the previous
                                                                                         sentence, the payment amount for the preceding year may
                                                                                         be an estimation for the full preceding year based on a pe-
                                                                                         riod of such preceding year that is less than the full year.
                                                                                         The Secretary shall establish policies to implement this
                                                                                         subparagraph in cases in which payment for covered pro-
                                                                                         fessional services furnished by a qualifying APM partici-
                                                                                         pant in an alternative payment model—
                                                                                                 (i) is made to an eligible alternative payment entity
                                                                                              rather than directly to the qualifying APM participant;
                                                                                              or
                                                                                                 (ii) is made on a basis other than a fee-for-service
                                                                                              basis (such as payment on a capitated basis).
                                                                                            (B) FORM OF PAYMENT.—Payments under this subsection
                                                                                         shall be made in a lump sum, on an annual basis, as soon




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                                                                                         as practicable.




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                                                                                              (C) TREATMENT OF PAYMENT INCENTIVE.—Payments
                                                                                           under this subsection shall not be taken into account for
                                                                                           purposes of determining actual expenditures under an al-
                                                                                           ternative payment model and for purposes of determining
                                                                                           or rebasing any benchmarks used under the alternative
                                                                                           payment model.
                                                                                              (D) COORDINATION.—The amount of the additional pay-
                                                                                           ment under this subsection or subsection (m) shall be de-
                                                                                           termined without regard to any additional payment under
                                                                                           subsection (m) and this subsection, respectively. The
                                                                                           amount of the additional payment under this subsection or
                                                                                           subsection (x) shall be determined without regard to any
                                                                                           additional payment under subsection (x) and this sub-
                                                                                           section, respectively. The amount of the additional pay-
                                                                                           ment under this subsection or subsection (y) shall be deter-
                                                                                           mined without regard to any additional payment under
                                                                                           subsection (y) and this subsection, respectively.
                                                                                        (2) QUALIFYING APM PARTICIPANT.—For purposes of this sub-
                                                                                      section, the term ‘‘qualifying APM participant’’ means the fol-
                                                                                      lowing:
                                                                                              (A) 2019 AND 2020.—With respect to 2019 and 2020, an
                                                                                           eligible professional for whom the Secretary determines
                                                                                           that at least 25 percent of payments under this part for
                                                                                           covered professional services furnished by such profes-
                                                                                           sional during the most recent period for which data are
                                                                                           available (which may be less than a year) were attrib-
                                                                                           utable to such services furnished under this part through
                                                                                           an eligible alternative payment entity.
                                                                                              (B) 2021 THROUGH 2024.—With respect to each of 2021
                                                                                           through 2024, an eligible professional described in either
                                                                                           of the following clauses:
                                                                                                  (i) MEDICARE PAYMENT THRESHOLD OPTION.—An eli-
                                                                                                gible professional for whom the Secretary determines
                                                                                                that at least 50 percent of payments under this part
                                                                                                for covered professional services furnished by such
                                                                                                professional during the most recent period for which
                                                                                                data are available (which may be less than a year)
                                                                                                were attributable to such services furnished under this
                                                                                                part through an eligible alternative payment entity.
                                                                                                  (ii) COMBINATION ALL-PAYER AND MEDICARE PAYMENT
                                                                                                THRESHOLD OPTION.—An eligible professional—
                                                                                                        (I) for whom the Secretary determines, with re-
                                                                                                     spect to items and services furnished by such pro-
                                                                                                     fessional during the most recent period for which
                                                                                                     data are available (which may be less than a
                                                                                                     year), that at least 50 percent of the sum of—
                                                                                                              (aa) payments described in clause (i); and
                                                                                                              (bb) all other payments, regardless of payer
                                                                                                           (other than payments made by the Secretary
                                                                                                           of Defense or the Secretary of Veterans Af-
                                                                                                           fairs and other than payments made under
                                                                                                           title XIX in a State in which no medical home
                                                                                                           or alternative payment model is available




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                                                                                                           under the State program under that title),




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                                                                                                      meet the requirement described in clause (iii)(I)
                                                                                                      with respect to payments described in item (aa)
                                                                                                      and meet the requirement described in clause
                                                                                                      (iii)(II) with respect to payments described in item
                                                                                                      (bb);
                                                                                                         (II) for whom the Secretary determines at least
                                                                                                      25 percent of payments under this part for cov-
                                                                                                      ered professional services furnished by such pro-
                                                                                                      fessional during the most recent period for which
                                                                                                      data are available (which may be less than a year)
                                                                                                      were attributable to such services furnished under
                                                                                                      this part through an eligible alternative payment
                                                                                                      entity; and
                                                                                                         (III) who provides to the Secretary such infor-
                                                                                                      mation as is necessary for the Secretary to make
                                                                                                      a determination under subclause (I), with respect
                                                                                                      to such professional.
                                                                                                   (iii) REQUIREMENT.—For purposes of clause (ii)(I)—
                                                                                                         (I) the requirement described in this subclause,
                                                                                                      with respect to payments described in item (aa) of
                                                                                                      such clause, is that such payments are made to an
                                                                                                      eligible alternative payment entity; and
                                                                                                         (II) the requirement described in this subclause,
                                                                                                      with respect to payments described in item (bb) of
                                                                                                      such clause, is that such payments are made
                                                                                                      under arrangements in which—
                                                                                                               (aa) quality measures comparable to meas-
                                                                                                            ures under the performance category de-
                                                                                                            scribed in section 1848(q)(2)(B)(i) apply;
                                                                                                               (bb) certified EHR technology is used; and
                                                                                                               (cc) the eligible professional participates in
                                                                                                            an entity that—
                                                                                                                     (AA) bears more than nominal financial
                                                                                                                  risk if actual aggregate expenditures ex-
                                                                                                                  ceeds expected aggregate expenditures; or
                                                                                                                     (BB) with respect to beneficiaries under
                                                                                                                  title XIX, is a medical home that meets
                                                                                                                  criteria comparable to medical homes ex-
                                                                                                                  panded under section 1115A(c).
                                                                                              (C) BEGINNING IN 2025.—With respect to 2025 and each
                                                                                            subsequent year, an eligible professional described in ei-
                                                                                            ther of the following clauses:
                                                                                                   (i) MEDICARE PAYMENT THRESHOLD OPTION.—An eli-
                                                                                                gible professional for whom the Secretary determines
                                                                                                that at least 75 percent of payments under this part
                                                                                                for covered professional services furnished by such
                                                                                                professional during the most recent period for which
                                                                                                data are available (which may be less than a year)
                                                                                                were attributable to such services furnished under this
                                                                                                part through an eligible alternative payment entity.
                                                                                                   (ii) COMBINATION ALL-PAYER AND MEDICARE PAYMENT
                                                                                                THRESHOLD OPTION.—An eligible professional—
                                                                                                         (I) for whom the Secretary determines, with re-
                                                                                                      spect to items and services furnished by such pro-




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                                                                                                      fessional during the most recent period for which




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                                                                                                      data are available (which may be less than a
                                                                                                      year), that at least 75 percent of the sum of—
                                                                                                               (aa) payments described in clause (i); and
                                                                                                               (bb) all other payments, regardless of payer
                                                                                                            (other than payments made by the Secretary
                                                                                                            of Defense or the Secretary of Veterans Af-
                                                                                                            fairs and other than payments made under
                                                                                                            title XIX in a State in which no medical home
                                                                                                            or alternative payment model is available
                                                                                                            under the State program under that title),
                                                                                                      meet the requirement described in clause (iii)(I)
                                                                                                      with respect to payments described in item (aa)
                                                                                                      and meet the requirement described in clause
                                                                                                      (iii)(II) with respect to payments described in item
                                                                                                      (bb);
                                                                                                         (II) for whom the Secretary determines at least
                                                                                                      25 percent of payments under this part for cov-
                                                                                                      ered professional services furnished by such pro-
                                                                                                      fessional during the most recent period for which
                                                                                                      data are available (which may be less than a year)
                                                                                                      were attributable to such services furnished under
                                                                                                      this part through an eligible alternative payment
                                                                                                      entity; and
                                                                                                         (III) who provides to the Secretary such infor-
                                                                                                      mation as is necessary for the Secretary to make
                                                                                                      a determination under subclause (I), with respect
                                                                                                      to such professional.
                                                                                                   (iii) REQUIREMENT.—For purposes of clause (ii)(I)—
                                                                                                         (I) the requirement described in this subclause,
                                                                                                      with respect to payments described in item (aa) of
                                                                                                      such clause, is that such payments are made to an
                                                                                                      eligible alternative payment entity; and
                                                                                                         (II) the requirement described in this subclause,
                                                                                                      with respect to payments described in item (bb) of
                                                                                                      such clause, is that such payments are made
                                                                                                      under arrangements in which—
                                                                                                               (aa) quality measures comparable to meas-
                                                                                                            ures under the performance category de-
                                                                                                            scribed in section 1848(q)(2)(B)(i) apply;
                                                                                                               (bb) certified EHR technology is used; and
                                                                                                               (cc) the eligible professional participates in
                                                                                                            an entity that—
                                                                                                                     (AA) bears more than nominal financial
                                                                                                                  risk if actual aggregate expenditures ex-
                                                                                                                  ceeds expected aggregate expenditures; or
                                                                                                                     (BB) with respect to beneficiaries under
                                                                                                                  title XIX, is a medical home that meets
                                                                                                                  criteria comparable to medical homes ex-
                                                                                                                  panded under section 1115A(c).
                                                                                               (D) USE OF PATIENT APPROACH.—The Secretary may base
                                                                                            the determination of whether an eligible professional is a
                                                                                            qualifying APM participant under this subsection and the
                                                                                            determination of whether an eligible professional is a par-
                                                                                            tial    qualifying        APM     participant    under     section




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                                                                                            1848(q)(1)(C)(iii) by using counts of patients in lieu of




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                                                                                          using payments and using the same or similar percentage
                                                                                          criteria (as specified in this subsection and such section,
                                                                                          respectively), as the Secretary determines appropriate.
                                                                                          With respect to 2023 and 2024, the Secretary shall use the
                                                                                          same percentage criteria for counts of patients that are
                                                                                          used in 2022.
                                                                                        (3) ADDITIONAL DEFINITIONS.—In this subsection:
                                                                                             (A) COVERED PROFESSIONAL SERVICES.—The term ‘‘cov-
                                                                                          ered professional services’’ has the meaning given that
                                                                                          term in section 1848(k)(3)(A).
                                                                                             (B) ELIGIBLE PROFESSIONAL.—The term ‘‘eligible profes-
                                                                                          sional’’ has the meaning given that term in section
                                                                                          1848(k)(3)(B) and includes a group that includes such pro-
                                                                                          fessionals.
                                                                                             (C) ALTERNATIVE PAYMENT MODEL (APM).—The term ‘‘al-
                                                                                          ternative payment model’’ means, other than for purposes
                                                                                          of subparagraphs (B)(ii)(I)(bb) and (C)(ii)(I)(bb) of para-
                                                                                          graph (2), any of the following:
                                                                                                  (i) A model under section 1115A (other than a
                                                                                                health care innovation award).
                                                                                                  (ii) The shared savings program under section 1899.
                                                                                                  (iii) A demonstration under section 1866C.
                                                                                                  (iv) A demonstration required by Federal law.
                                                                                             (D) ELIGIBLE ALTERNATIVE PAYMENT ENTITY.—The term
                                                                                          ‘‘eligible alternative payment entity’’ means, with respect
                                                                                          to a year, an entity that—
                                                                                                  (i) participates in an alternative payment model
                                                                                                that—
                                                                                                        (I) requires participants in such model to use
                                                                                                     certified EHR technology (as defined in subsection
                                                                                                     (o)(4)); and
                                                                                                        (II) provides for payment for covered profes-
                                                                                                     sional services based on quality measures com-
                                                                                                     parable to measures under the performance cat-
                                                                                                     egory described in section 1848(q)(2)(B)(i); and
                                                                                                  (ii)(I) bears financial risk for monetary losses under
                                                                                                such alternative payment model that are in excess of
                                                                                                a nominal amount; or
                                                                                                  (II) is a medical home expanded under section
                                                                                                1115A(c).
                                                                                        (4) LIMITATION.—There shall be no administrative or judicial
                                                                                     review under section 1869, 1878, or otherwise, of the following:
                                                                                             (A) The determination that an eligible professional is a
                                                                                          qualifying APM participant under paragraph (2) and the
                                                                                          determination that an entity is an eligible alternative pay-
                                                                                          ment entity under paragraph (3)(D).
                                                                                             (B) The determination of the amount of the 5 percent
                                                                                          payment incentive under paragraph (1)(A), including any
                                                                                          estimation as part of such determination.
                                                                                   (aa) MEDICAL REVIEW OF SPINAL SUBLUXATION SERVICES.—
                                                                                        (1) IN GENERAL.—The Secretary shall implement a process
                                                                                     for the medical review (as described in paragraph (2)) of treat-
                                                                                     ment by a chiropractor described in section 1861(r)(5) by
                                                                                     means of manual manipulation of the spine to correct a sub-




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                                                                                     luxation (as described in such section) of an individual who is




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                                                                                      enrolled under this part and apply such process to such serv-
                                                                                      ices furnished on or after January 1, 2017, focusing on services
                                                                                      such as—
                                                                                             (A) services furnished by a such a chiropractor whose
                                                                                           pattern of billing is aberrant compared to peers; and
                                                                                             (B) services furnished by such a chiropractor who, in a
                                                                                           prior period, has a services denial percentage in the 85th
                                                                                           percentile or greater, taking into consideration the extent
                                                                                           that service denials are overturned on appeal.
                                                                                         (2) MEDICAL REVIEW.—
                                                                                             (A) PRIOR AUTHORIZATION MEDICAL REVIEW.—
                                                                                                   (i) IN GENERAL.—Subject to clause (ii), the Secretary
                                                                                                shall use prior authorization medical review for serv-
                                                                                                ices described in paragraph (1) that are furnished to
                                                                                                an individual by a chiropractor described in section
                                                                                                1861(r)(5) that are part of an episode of treatment that
                                                                                                includes more than 12 services. For purposes of the
                                                                                                preceding sentence, an episode of treatment shall be
                                                                                                determined by the underlying cause that justifies the
                                                                                                need for services, such as a diagnosis code.
                                                                                                   (ii) ENDING APPLICATION OF PRIOR AUTHORIZATION
                                                                                                MEDICAL REVIEW.—The Secretary shall end the appli-
                                                                                                cation of prior authorization medical review under
                                                                                                clause (i) to services described in paragraph (1) by
                                                                                                such a chiropractor if the Secretary determines that
                                                                                                the chiropractor has a low denial rate under such
                                                                                                prior authorization medical review. The Secretary may
                                                                                                subsequently reapply prior authorization medical re-
                                                                                                view to such chiropractor if the Secretary determines
                                                                                                it to be appropriate and the chiropractor has, in the
                                                                                                time period subsequent to the determination by the
                                                                                                Secretary of a low denial rate with respect to the chi-
                                                                                                ropractor, furnished such services described in para-
                                                                                                graph (1).
                                                                                                   (iii) EARLY REQUEST FOR PRIOR AUTHORIZATION RE-
                                                                                                VIEW PERMITTED.—Nothing in this subsection shall be
                                                                                                construed to prevent such a chiropractor from request-
                                                                                                ing prior authorization for services described in para-
                                                                                                graph (1) that are to be furnished to an individual be-
                                                                                                fore the chiropractor furnishes the twelfth such service
                                                                                                to such individual for an episode of treatment.
                                                                                             (B) TYPE OF REVIEW.—The Secretary may use pre-pay-
                                                                                           ment review or post-payment review of services described
                                                                                           in section 1861(r)(5) that are not subject to prior author-
                                                                                           ization medical review under subparagraph (A).
                                                                                             (C) RELATIONSHIP TO LAW ENFORCEMENT ACTIVITIES.—
                                                                                           The Secretary may determine that medical review under
                                                                                           this subsection does not apply in the case where potential
                                                                                           fraud may be involved.
                                                                                         (3) NO PAYMENT WITHOUT PRIOR AUTHORIZATION.—With re-
                                                                                      spect to a service described in paragraph (1) for which prior
                                                                                      authorization medical review under this subsection applies, the
                                                                                      following shall apply:
                                                                                             (A) PRIOR AUTHORIZATION DETERMINATION.—The Sec-




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                                                                                           retary shall make a determination, prior to the service




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                                                                                                                                  73

                                                                                        being furnished, of whether the service would or would not
                                                                                        meet the applicable requirements of section 1862(a)(1)(A).
                                                                                           (B) DENIAL OF PAYMENT.—Subject to paragraph (5), no
                                                                                        payment may be made under this part for the service un-
                                                                                        less the Secretary determines pursuant to subparagraph
                                                                                        (A) that the service would meet the applicable require-
                                                                                        ments of such section 1862(a)(1)(A).
                                                                                      (4) SUBMISSION OF INFORMATION.—A chiropractor described
                                                                                   in section 1861(r)(5) may submit the information necessary for
                                                                                   medical review by fax, by mail, or by electronic means. The
                                                                                   Secretary shall make available the electronic means described
                                                                                   in the preceding sentence as soon as practicable.
                                                                                      (5) TIMELINESS.—If the Secretary does not make a prior au-
                                                                                   thorization determination under paragraph (3)(A) within 14
                                                                                   business days of the date of the receipt of medical documenta-
                                                                                   tion needed to make such determination, paragraph (3)(B)
                                                                                   shall not apply.
                                                                                      (6) APPLICATION OF LIMITATION ON BENEFICIARY LIABILITY.—
                                                                                   Where payment may not be made as a result of the application
                                                                                   of paragraph (2)(B), section 1879 shall apply in the same man-
                                                                                   ner as such section applies to a denial that is made by reason
                                                                                   of section 1862(a)(1).
                                                                                      (7) REVIEW BY CONTRACTORS.—The medical review described
                                                                                   in paragraph (2) may be conducted by medicare administrative
                                                                                   contractors pursuant to section 1874A(a)(4)(G) or by any other
                                                                                   contractor determined appropriate by the Secretary that is not
                                                                                   a recovery audit contractor.
                                                                                      (8) MULTIPLE SERVICES.—The Secretary shall, where prac-
                                                                                   ticable, apply the medical review under this subsection in a
                                                                                   manner so as to allow an individual described in paragraph (1)
                                                                                   to obtain, at a single time rather than on a service-by-service
                                                                                   basis, an authorization in accordance with paragraph (3)(A) for
                                                                                   multiple services.
                                                                                      (9) CONSTRUCTION.—With respect to a service described in
                                                                                   paragraph (1) that has been affirmed by medical review under
                                                                                   this subsection, nothing in this subsection shall be construed
                                                                                   to preclude the subsequent denial of a claim for such service
                                                                                   that does not meet other applicable requirements under this
                                                                                   Act.
                                                                                      (10) IMPLEMENTATION.—
                                                                                           (A) AUTHORITY.—The Secretary may implement the pro-
                                                                                        visions of this subsection by interim final rule with com-
                                                                                        ment period.
                                                                                           (B) ADMINISTRATION.—Chapter 35 of title 44, United
                                                                                        States Code, shall not apply to medical review under this
                                                                                        subsection.
                                                                                 (bb) ADDITIONAL PAYMENTS FOR CERTAIN RURAL HEALTH CLINICS
                                                                               WITH PHYSICIANS OR PRACTITIONERS RECEIVING DATA 2000 WAIV-
                                                                               ERS.—
                                                                                      (1) IN GENERAL.—In the case of a rural health clinic with re-
                                                                                   spect to which, beginning on or after January 1, 2019, rural
                                                                                   health clinic services (as defined in section 1861(aa)(1)) are fur-
                                                                                   nished for the treatment of opioid use disorder by a physician
                                                                                   or practitioner who meets the requirements described in para-




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                                                                                   graph (3), the Secretary shall, subject to availability of funds




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                                                                                    under paragraph (4), make a payment (at such time and in
                                                                                    such manner as specified by the Secretary) to such rural
                                                                                    health clinic after receiving and approving an application de-
                                                                                    scribed in paragraph (2). Such payment shall be in an amount
                                                                                    determined by the Secretary, based on an estimate of the aver-
                                                                                    age costs of training for purposes of receiving a waiver de-
                                                                                    scribed in paragraph (3)(B). Such payment may be made only
                                                                                    one time with respect to each such physician or practitioner.
                                                                                       (2) APPLICATION.—In order to receive a payment described in
                                                                                    paragraph (1), a rural health clinic shall submit to the Sec-
                                                                                    retary an application for such a payment at such time, in such
                                                                                    manner, and containing such information as specified by the
                                                                                    Secretary. A rural health clinic may apply for such a payment
                                                                                    for each physician or practitioner described in paragraph (1)
                                                                                    furnishing services described in such paragraph at such clinic.
                                                                                       (3) REQUIREMENTS.—For purposes of paragraph (1), the re-
                                                                                    quirements described in this paragraph, with respect to a phy-
                                                                                    sician or practitioner, are the following:
                                                                                            (A) The physician or practitioner is employed by or
                                                                                         working under contract with a rural health clinic described
                                                                                         in paragraph (1) that submits an application under para-
                                                                                         graph (2).
                                                                                            (B) The physician or practitioner first receives a waiver
                                                                                         under section 303(g) of the Controlled Substances Act on
                                                                                         or after January 1, 2019.
                                                                                       (4) FUNDING.—For purposes of making payments under this
                                                                                    subsection, there are appropriated, out of amounts in the
                                                                                    Treasury not otherwise appropriated, $2,000,000, which shall
                                                                                    remain available until expended.
                                                                                 (cc) SPECIFIED COVID–19 TESTING-RELATED SERVICES.—For pur-
                                                                               poses of subsection (a)(1)(DD):
                                                                                       (1) DESCRIPTION.—
                                                                                            (A) IN GENERAL.—A specified COVID–19 testing-related
                                                                                         service described in this paragraph is a medical visit
                                                                                         that—
                                                                                                 (i) is in any of the categories of HCPCS evaluation
                                                                                              and management service codes described in subpara-
                                                                                              graph (B);
                                                                                                 (ii) is furnished during any portion of the emergency
                                                                                              period (as defined in section 1135(g)(1)(B)) (beginning
                                                                                              on or after the date of enactment of this subsection);
                                                                                                 (iii) results in an order for or administration of a
                                                                                              clinical diagnostic laboratory test described in section
                                                                                              1852(a)(1)(B)(iv)(IV); and
                                                                                                 (iv) relates to the furnishing or administration of
                                                                                              such test or to the evaluation of such individual for
                                                                                              purposes of determining the need of such individual
                                                                                              for such test.
                                                                                            (B) CATEGORIES OF HCPCS CODES.—For purposes of sub-
                                                                                         paragraph (A), the categories of HCPCS evaluation and
                                                                                         management services codes are the following:
                                                                                                 (i) Office and other outpatient services.
                                                                                                 (ii) Hospital observation services.
                                                                                                 (iii) Emergency department services.




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                                                                                                 (iv) Nursing facility services.




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                                                                                                (v) Domiciliary, rest home, or custodial care services.
                                                                                                (vi) Home services.
                                                                                                (vii) Online digital evaluation and management
                                                                                             services.
                                                                                      (2) SPECIFIED OUTPATIENT PAYMENT PROVISION.—A specified
                                                                                   outpatient payment provision described in this paragraph is
                                                                                   any of the following:
                                                                                           (A) The hospital outpatient prospective payment system
                                                                                        under subsection (t).
                                                                                           (B) The physician fee schedule under section 1848.
                                                                                           (C) The prospective payment system developed under
                                                                                        section 1834(o).
                                                                                           (D) Section 1834(g), with respect to an outpatient critical
                                                                                        access hospital service.
                                                                                           (E) The payment basis determined in regulations pursu-
                                                                                        ant to section 1833(a)(3) for rural health clinic services.
                                                                                 (dd) SPECIAL COINSURANCE RULE FOR CERTAIN COLORECTAL CAN-
                                                                               CER SCREENING TESTS.—
                                                                                      (1) IN GENERAL.—In the case of a colorectal cancer screening
                                                                                   test to which paragraph (1)(Y) of subsection (a) would not
                                                                                   apply but for the third sentence of such subsection that is fur-
                                                                                   nished during a year beginning on or after January 1, 2022,
                                                                                   and before January 1, 2030, the amount paid shall be equal to
                                                                                   the specified percent (as defined in paragraph (2)) for such
                                                                                   year of the lesser of the actual charge for the service or the
                                                                                   amount determined under the fee schedule that applies to such
                                                                                   test under this part (or, in the case such test is a covered OPD
                                                                                   service (as defined in subsection (t)(1)(B)), the amount deter-
                                                                                   mined under subsection (t)).
                                                                                      (2) SPECIFIED PERCENT DEFINED.—For purposes of paragraph
                                                                                   (1), the term ‘‘specified percent’’ means—
                                                                                           (A) for 2022, 80 percent;
                                                                                           (B) for 2023 through 2026, 85 percent; and
                                                                                           (C) for 2027 through 2029, 90 percent.
                                                                                    SPECIAL PAYMENT RULES FOR PARTICULAR ITEMS AND SERVICES

                                                                                   SEC. 1834. (a) PAYMENT FOR DURABLE MEDICAL EQUIPMENT.—
                                                                                       (1) GENERAL RULE FOR PAYMENT.—
                                                                                            (A) IN GENERAL.—With respect to a covered item (as de-
                                                                                         fined in paragraph (13)) for which payment is determined
                                                                                         under this subsection, payment shall be made in the fre-
                                                                                         quency specified in paragraphs (2) through (7) and in an
                                                                                         amount equal to 80 percent of the payment basis described
                                                                                         in subparagraph (B).
                                                                                            (B) PAYMENT BASIS.—Subject to subparagraph (F)(i), the
                                                                                         payment basis described in this subparagraph is the lesser
                                                                                         of—
                                                                                                 (i) the actual charge for the item, or
                                                                                                 (ii) the payment amount recognized under para-
                                                                                              graphs (2) through (7) of this subsection for the item;
                                                                                         except that clause (i) shall not apply if the covered item is
                                                                                         furnished by a public home health agency (or by another
                                                                                         home health agency which demonstrates to the satisfaction




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                                                                                         of the Secretary that a significant portion of its patients




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                                                                                            are low income) free of charge or at nominal charges to the
                                                                                            public.
                                                                                               (C) EXCLUSIVE PAYMENT RULE.—Subject to subparagraph
                                                                                            (F)(ii), this subsection shall constitute the exclusive provi-
                                                                                            sion of this title for payment for covered items under this
                                                                                            part or under part A to a home health agency.
                                                                                               (D) REDUCTION IN FEE SCHEDULES FOR CERTAIN ITEMS.—
                                                                                            With respect to a seat-lift chair or transcutaneous elec-
                                                                                            trical nerve stimulator furnished on or after April 1, 1990,
                                                                                            the Secretary shall reduce the payment amount applied
                                                                                            under subparagraph (B)(ii) for such an item by 15 percent,
                                                                                            and, in the case of a transcutaneous electrical nerve stimu-
                                                                                            lator furnished on or after January 1, 1991, the Secretary
                                                                                            shall further reduce such payment amount (as previously
                                                                                            reduced) by 45 percent.
                                                                                               (E) CLINICAL CONDITIONS FOR COVERAGE.—
                                                                                                    (i) IN GENERAL.—The Secretary shall establish
                                                                                                 standards for clinical conditions for payment for cov-
                                                                                                 ered items under this subsection.
                                                                                                    (ii) REQUIREMENTS.—The standards established
                                                                                                 under clause (i) shall include the specification of types
                                                                                                 or classes of covered items that require, as a condition
                                                                                                 of payment under this subsection, a face-to-face exam-
                                                                                                 ination of the individual by a physician (as defined in
                                                                                                 section 1861(r)), a physician assistant, nurse practi-
                                                                                                 tioner, or a clinical nurse specialist (as those terms are
                                                                                                 defined in section 1861(aa)(5)) and a prescription for
                                                                                                 the item.
                                                                                                    (iii) PRIORITY OF ESTABLISHMENT OF STANDARDS.—In
                                                                                                 establishing the standards under this subparagraph,
                                                                                                 the Secretary shall first establish standards for those
                                                                                                 covered items for which the Secretary determines
                                                                                                 there has been a proliferation of use, consistent find-
                                                                                                 ings of charges for covered items that are not deliv-
                                                                                                 ered, or consistent findings of falsification of docu-
                                                                                                 mentation to provide for payment of such covered
                                                                                                 items under this part.
                                                                                                    (iv) STANDARDS FOR POWER WHEELCHAIRS.—Effective
                                                                                                 on the date of the enactment of this subparagraph, in
                                                                                                 the case of a covered item consisting of a motorized or
                                                                                                 power wheelchair for an individual, payment may not
                                                                                                 be made for such covered item unless a physician (as
                                                                                                 defined in section 1861(r)(1)), a physician assistant,
                                                                                                 nurse practitioner, or a clinical nurse specialist (as
                                                                                                 those terms are defined in section 1861(aa)(5)) has
                                                                                                 conducted a face-to-face examination of the individual
                                                                                                 and written a prescription for the item.
                                                                                                    (v) LIMITATION ON PAYMENT FOR COVERED ITEMS.—
                                                                                                 Payment may not be made for a covered item under
                                                                                                 this subsection unless the item meets any standards
                                                                                                 established under this subparagraph for clinical condi-
                                                                                                 tion of coverage.
                                                                                               (F) APPLICATION OF COMPETITIVE ACQUISITION; LIMITA-
                                                                                            TION OF INHERENT REASONABLENESS AUTHORITY.—In the




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                                                                                            case of covered items furnished on or after January 1,




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                                                                                            2011, subject to subparagraphs (G) and (H), that are in-
                                                                                            cluded in a competitive acquisition program in a competi-
                                                                                            tive acquisition area under section 1847(a)—
                                                                                                    (i) the payment basis under this subsection for such
                                                                                                 items and services furnished in such area shall be the
                                                                                                 payment basis determined under such competitive ac-
                                                                                                 quisition program;
                                                                                                    (ii) the Secretary may (and, in the case of covered
                                                                                                 items furnished on or after January 1, 2016, subject to
                                                                                                 clause (iii), shall) use information on the payment de-
                                                                                                 termined under such competitive acquisition programs
                                                                                                 to adjust the payment amount otherwise recognized
                                                                                                 under subparagraph (B)(ii) for an area that is not a
                                                                                                 competitive acquisition area under section 1847 and in
                                                                                                 the case of such adjustment, paragraph (10)(B) shall
                                                                                                 not be applied; and
                                                                                                    (iii) in the case of covered items furnished on or
                                                                                                 after January 1, 2016, the Secretary shall continue to
                                                                                                 make such adjustments described in clause (ii) as,
                                                                                                 under such competitive acquisition programs, addi-
                                                                                                 tional covered items are phased in or information is
                                                                                                 updated as contracts under section 1847 are recom-
                                                                                                 peted in accordance with section 1847(b)(3)(B).
                                                                                               (G) USE OF INFORMATION ON COMPETITIVE BID RATES.—
                                                                                            The Secretary shall specify by regulation the methodology
                                                                                            to be used in applying the provisions of subparagraph
                                                                                            (F)(ii) and subsection (h)(1)(H)(ii). In promulgating such
                                                                                            regulation, the Secretary shall consider the costs of items
                                                                                            and services in areas in which such provisions would be
                                                                                            applied compared to the payment rates for such items and
                                                                                            services in competitive acquisition areas.In the case of
                                                                                            items and services furnished on or after January 1, 2019,
                                                                                            in making any adjustments under clause (ii) or (iii) of sub-
                                                                                            paragraph (F), under subsection (h)(1)(H)(ii), or under sec-
                                                                                            tion 1842(s)(3)(B), the Secretary shall—
                                                                                                    (i) solicit and take into account stakeholder input;
                                                                                                 and
                                                                                                    (ii) take into account the highest amount bid by a
                                                                                                 winning supplier in a competitive acquisition area and
                                                                                                 a comparison of each of the following with respect to
                                                                                                 non-competitive acquisition areas and competitive ac-
                                                                                                 quisition areas:
                                                                                                          (I) The average travel distance and cost associ-
                                                                                                       ated with furnishing items and services in the
                                                                                                       area.
                                                                                                          (II) The average volume of items and services
                                                                                                       furnished by suppliers in the area.
                                                                                                          (III) The number of suppliers in the area.
                                                                                               (H) DIABETIC SUPPLIES.—
                                                                                                    (i) IN GENERAL.—On or after the date described in
                                                                                                 clause (ii), the payment amount under this part for di-
                                                                                                 abetic supplies, including testing strips, that are non-
                                                                                                 mail order items (as defined by the Secretary) shall be




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                                                                                                 equal to the single payment amounts established




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                                                                                                under the national mail order competition for diabetic
                                                                                                supplies under section 1847.
                                                                                                   (ii) DATE DESCRIBED.—The date described in this
                                                                                                clause is the date of the implementation of the single
                                                                                                payment amounts under the national mail order com-
                                                                                                petition for diabetic supplies under section 1847.
                                                                                             (I) TREATMENT OF VACUUM ERECTION SYSTEMS.—Effec-
                                                                                          tive for items and services furnished on and after July 1,
                                                                                          2015, vacuum erection systems described as prosthetic de-
                                                                                          vices described in section 1861(s)(8) shall be treated in the
                                                                                          same manner as erectile dysfunction drugs are treated for
                                                                                          purposes of section 1860D-2(e)(2)(A).
                                                                                        (2) PAYMENT FOR INEXPENSIVE AND OTHER ROUTINELY PUR-
                                                                                      CHASED DURABLE MEDICAL EQUIPMENT.—
                                                                                             (A) IN GENERAL.—Payment for an item of durable med-
                                                                                          ical equipment (as defined in paragraph (13))—
                                                                                                   (i) the purchase price of which does not exceed $150,
                                                                                                   (ii) which the Secretary determines is acquired at
                                                                                                least 75 percent of the time by purchase,
                                                                                                   (iii) which is an accessory used in conjunction with
                                                                                                a nebulizer, aspirator, or a ventilator excluded under
                                                                                                paragraph (3)(A), or
                                                                                                   (iv) in the case of devices furnished on or after Octo-
                                                                                                ber 1, 2015, which serves as a speech generating de-
                                                                                                vice or which is an accessory that is needed for the in-
                                                                                                dividual to effectively utilize such a device,
                                                                                          shall be made on a rental basis or in a lump-sum amount
                                                                                          for the purchase of the item. The payment amount recog-
                                                                                          nized for purchase or rental of such equipment is the
                                                                                          amount specified in subparagraph (B) for purchase or rent-
                                                                                          al, except that the total amount of payments with respect
                                                                                          to an item may not exceed the payment amount specified
                                                                                          in subparagraph (B) with respect to the purchase of the
                                                                                          item.
                                                                                             (B) PAYMENT AMOUNT.—For purposes of subparagraph
                                                                                          (A), the amount specified in this subparagraph, with re-
                                                                                          spect to the purchase or rental of an item furnished in a
                                                                                          carrier service area—
                                                                                                   (i) in 1989 and in 1990 is the average reasonable
                                                                                                charge in the area for the purchase or rental, respec-
                                                                                                tively, of the item for the 12-month period ending on
                                                                                                June 30, 1987, increased by the percentage increase in
                                                                                                the consumer price index for all urban consumers
                                                                                                (U.S. city average) for the 6-month period ending with
                                                                                                December 1987;
                                                                                                   (ii) in 1991 is the sum of (I) 67 percent of the local
                                                                                                payment amount for the item or device computed
                                                                                                under subparagraph (C)(i)(I) for 1991, and (II) 33 per-
                                                                                                cent of the national limited payment amount for the
                                                                                                item or device computed under subparagraph (C)(ii)
                                                                                                for 1991;
                                                                                                   (iii) in 1992 is the sum of (I) 33 percent of the local
                                                                                                payment amount for the item or device computed
                                                                                                under subparagraph (C)(i)(II) for 1992, and (II) 67 per-




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                                                                                                cent of the national limited payment amount for the




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                                                                                               item or device computed under subparagraph (C)(ii)
                                                                                               for 1992; and
                                                                                                  (iv) in 1993 and each subsequent year is the na-
                                                                                               tional limited payment amount for the item or device
                                                                                               computed under subparagraph (C)(ii) for that year (re-
                                                                                               duced by 10 percent, in the case of a blood glucose
                                                                                               testing strip furnished after 1997 for an individual
                                                                                               with diabetes).
                                                                                             (C) COMPUTATION OF LOCAL PAYMENT AMOUNT AND NA-
                                                                                          TIONAL LIMITED PAYMENT AMOUNT.—For purposes of sub-
                                                                                          paragraph (B)—
                                                                                                  (i) the local payment amount for an item or device
                                                                                               for a year is equal to—
                                                                                                        (I) for 1991, the amount specified in subpara-
                                                                                                     graph (B)(i) for 1990 increased by the covered
                                                                                                     item update for 1991, and
                                                                                                        (II) for 1992, 1993, and 1994 the amount deter-
                                                                                                     mined under this clause for the preceding year in-
                                                                                                     creased by the covered item update for the year;
                                                                                                     and
                                                                                                  (ii) the national limited payment amount for an item
                                                                                               or device for a year is equal to—
                                                                                                        (I) for 1991, the local payment amount deter-
                                                                                                     mined under clause (i) for such item or device for
                                                                                                     that year, except that the national limited pay-
                                                                                                     ment amount may not exceed 100 percent of the
                                                                                                     weighted average of all local payment amounts de-
                                                                                                     termined under such clause for such item for that
                                                                                                     year and may not be less than 85 percent of the
                                                                                                     weighted average of all local payment amounts de-
                                                                                                     termined under such clause for such item,
                                                                                                        (II) for 1992 and 1993, the amount determined
                                                                                                     under this clause for the preceding year increased
                                                                                                     by the covered item update for such subsequent
                                                                                                     year,
                                                                                                        (III) for 1994, the local payment amount deter-
                                                                                                     mined under clause (i) for such item or device for
                                                                                                     that year, except that the national limited pay-
                                                                                                     ment amount may not exceed 100 percent of the
                                                                                                     median of all local payment amounts determined
                                                                                                     under such clause for such item for that year and
                                                                                                     may not be less than 85 percent of the median of
                                                                                                     all local payment amounts determined under such
                                                                                                     clause for such item or device for that year, and
                                                                                                        (IV) for each subsequent year, the amount de-
                                                                                                     termined under this clause for the preceding year
                                                                                                     increased by the covered item update for such sub-
                                                                                                     sequent year.
                                                                                        (3) PAYMENT FOR ITEMS REQUIRING FREQUENT AND SUBSTAN-
                                                                                      TIAL SERVICING.—
                                                                                             (A) IN GENERAL.—Payment for a covered item (such as
                                                                                          IPPB machines and ventilators, excluding ventilators that
                                                                                          are either continuous airway pressure devices or intermit-
                                                                                          tent assist devices with continuous airway pressure de-




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                                                                                          vices) for which there must be frequent and substantial




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                                                                                            servicing in order to avoid risk to the patient’s health shall
                                                                                            be made on a monthly basis for the rental of the item and
                                                                                            the amount recognized is the amount specified in subpara-
                                                                                            graph (B).
                                                                                              (B) PAYMENT AMOUNT.—For purposes of subparagraph
                                                                                            (A), the amount specified in this subparagraph, with re-
                                                                                            spect to an item or device furnished in a carrier service
                                                                                            area—
                                                                                                    (i) in 1989 and in 1990 is the average reasonable
                                                                                                 charge in the area for the rental of the item or device
                                                                                                 for the 12-month period ending with June 1987, in-
                                                                                                 creased by the percentage increase in the consumer
                                                                                                 price index for all urban consumers (U.S. city average)
                                                                                                 for the 6-month period ending with December 1987;
                                                                                                    (ii) in 1991 is the sum of (I) 67 percent of the local
                                                                                                 payment amount for the item or device computed
                                                                                                 under subparagraph (C)(i)(I) for 1991, and (II) 33 per-
                                                                                                 cent of the national limited payment amount for the
                                                                                                 item or device computed under subparagraph (C)(ii)
                                                                                                 for 1991;
                                                                                                    (iii) in 1992 is the sum of (I) 33 percent of the local
                                                                                                 payment amount for the item or device computed
                                                                                                 under subparagraph (C)(i)(II) for 1992, and (II) 67 per-
                                                                                                 cent of the national limited payment amount for the
                                                                                                 item or device computed under subparagraph (C)(ii)
                                                                                                 for 1992; and
                                                                                                    (iv) in 1993 and each subsequent year is the na-
                                                                                                 tional limited payment amount for the item or device
                                                                                                 computed under subparagraph (C)(ii) for that year.
                                                                                              (C) COMPUTATION OF LOCAL PAYMENT AMOUNT AND NA-
                                                                                            TIONAL LIMITED PAYMENT AMOUNT.—For purposes of sub-
                                                                                            paragraph (B)—
                                                                                                    (i) the local payment amount for an item or device
                                                                                                 for a year is equal to—
                                                                                                          (I) for 1991, the amount specified in subpara-
                                                                                                       graph (B)(i) for 1990 increased by the covered
                                                                                                       item update for 1991, and
                                                                                                          (II) for 1992, 1993, and 1994 the amount deter-
                                                                                                       mined under this clause for the preceding year in-
                                                                                                       creased by the covered item update for the year;
                                                                                                       and
                                                                                                    (ii) the national limited payment amount for an item
                                                                                                 or device for a year is equal to—
                                                                                                          (I) for 1991, the local payment amount deter-
                                                                                                       mined under clause (i) for such item or device for
                                                                                                       that year, except that the national limited pay-
                                                                                                       ment amount may not exceed 100 percent of the
                                                                                                       weighted average of all local payment amounts de-
                                                                                                       termined under such clause for such item for that
                                                                                                       year and may not be less than 85 percent of the
                                                                                                       weighted average of all local payment amounts de-
                                                                                                       termined under such clause for such item,
                                                                                                          (II) for 1992 and 1993, the amount determined




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                                                                                                       under this clause for the preceding year increased




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                                                                                                     by the covered item update for such subsequent
                                                                                                     year,
                                                                                                       (III) for 1994, the local payment amount deter-
                                                                                                     mined under clause (i) for such item or device for
                                                                                                     that year, except that the national limited pay-
                                                                                                     ment amount may not exceed 100 percent of the
                                                                                                     median of all local payment amounts determined
                                                                                                     under such clause for such item for that year and
                                                                                                     may not be less than 85 percent of the median of
                                                                                                     all local payment amounts determined under such
                                                                                                     clause for such item or device for that year, and
                                                                                                       (IV) for each subsequent year, the amount de-
                                                                                                     termined under this clause for the preceding year
                                                                                                     increased by the covered item update for such sub-
                                                                                                     sequent year.
                                                                                        (4) PAYMENT FOR CERTAIN CUSTOMIZED ITEMS.—Payment
                                                                                      with respect to a covered item that is uniquely constructed or
                                                                                      substantially modified to meet the specific needs of an indi-
                                                                                      vidual patient, and for that reason cannot be grouped with
                                                                                      similar items for purposes of payment under this title, shall be
                                                                                      made in a lump-sum amount (A) for the purchase of the item
                                                                                      in a payment amount based upon the carrier’s individual con-
                                                                                      sideration for that item, and (B) for the reasonable and nec-
                                                                                      essary maintenance and servicing for parts and labor not cov-
                                                                                      ered by the supplier’s or manufacturer’s warranty, when nec-
                                                                                      essary during the period of medical need, and the amount rec-
                                                                                      ognized for such maintenance and servicing shall be paid on a
                                                                                      lump-sum, as needed basis based upon the carrier’s individual
                                                                                      consideration for that item. In the case of a wheelchair fur-
                                                                                      nished on or after January 1, 1992, the wheelchair shall be
                                                                                      treated as a customized item for purposes of this paragraph if
                                                                                      the wheelchair has been measured, fitted, or adapted in consid-
                                                                                      eration of the patient’s body size, disability, period of need, or
                                                                                      intended use, and has been assembled by a supplier or ordered
                                                                                      from a manufacturer who makes available customized features,
                                                                                      modifications, or components for wheelchairs that are intended
                                                                                      for an individual patient’s use in accordance with instructions
                                                                                      from the patient’s physician.
                                                                                        (5) PAYMENT FOR OXYGEN AND OXYGEN EQUIPMENT.—
                                                                                             (A) IN GENERAL.—Payment for oxygen and oxygen equip-
                                                                                           ment shall be made on a monthly basis in the monthly
                                                                                           payment amount recognized under paragraph (9) for oxy-
                                                                                           gen and oxygen equipment (other than portable oxygen
                                                                                           equipment), subject to subparagraphs (B), (C), (E), and (F).
                                                                                             (B) ADD-ON FOR PORTABLE OXYGEN EQUIPMENT.—When
                                                                                           portable oxygen equipment is used, but subject to subpara-
                                                                                           graph (D), the payment amount recognized under subpara-
                                                                                           graph (A) shall be increased by the monthly payment
                                                                                           amount recognized under paragraph (9) for portable oxy-
                                                                                           gen equipment.
                                                                                             (C) VOLUME ADJUSTMENT.—When the attending physi-
                                                                                           cian prescribes an oxygen flow rate—
                                                                                                  (i) exceeding 4 liters per minute, the payment
                                                                                               amount recognized under subparagraph (A), subject to




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                                                                                               subparagraph (D), shall be increased by 50 percent, or




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                                                                                                  (ii) of less than 1 liter per minute, the payment
                                                                                                amount recognized under subparagraph (A) shall be
                                                                                                decreased by 50 percent.
                                                                                              (D) LIMIT ON ADJUSTMENT.—When portable oxygen
                                                                                           equipment is used and the attending physician prescribes
                                                                                           an oxygen flow rate exceeding 4 liters per minute, there
                                                                                           shall only be an increase under either subparagraph (B) or
                                                                                           (C), whichever increase is larger, and not under both such
                                                                                           subparagraphs.
                                                                                              (E) RECERTIFICATION FOR PATIENTS RECEIVING HOME OX-
                                                                                           YGEN THERAPY.—In the case of a patient receiving home
                                                                                           oxygen therapy services who, at the time such services are
                                                                                           initiated, has an initial arterial blood gas value at or above
                                                                                           a partial pressure of 56 or an arterial oxygen saturation at
                                                                                           or above 89 percent (or such other values, pressures, or cri-
                                                                                           teria as the Secretary may specify) no payment may be
                                                                                           made under this part for such services after the expiration
                                                                                           of the 90-day period that begins on the date the patient
                                                                                           first receives such services unless the patient’s attending
                                                                                           physician certifies that, on the basis of a follow-up test of
                                                                                           the patient’s arterial blood gas value or arterial oxygen
                                                                                           saturation conducted during the final 30 days of such 90-
                                                                                           day period, there is a medical need for the patient to con-
                                                                                           tinue to receive such services.
                                                                                              (F) RENTAL CAP.—
                                                                                                  (i) IN GENERAL.—Payment for oxygen equipment (in-
                                                                                                cluding portable oxygen equipment) under this para-
                                                                                                graph may not extend over a period of continuous use
                                                                                                (as determined by the Secretary) of longer than 36
                                                                                                months.
                                                                                                  (ii) PAYMENTS AND RULES AFTER RENTAL CAP.—After
                                                                                                the 36th continuous month during which payment is
                                                                                                made for the equipment under this paragraph—
                                                                                                        (I) the supplier furnishing such equipment
                                                                                                     under this subsection shall continue to furnish the
                                                                                                     equipment during any period of medical need for
                                                                                                     the remainder of the reasonable useful lifetime of
                                                                                                     the equipment, as determined by the Secretary;
                                                                                                        (II) payments for oxygen shall continue to be
                                                                                                     made in the amount recognized for oxygen under
                                                                                                     paragraph (9) for the period of medical need; and
                                                                                                        (III) maintenance and servicing payments shall,
                                                                                                     if the Secretary determines such payments are
                                                                                                     reasonable and necessary, be made (for parts and
                                                                                                     labor not covered by the supplier’s or manufactur-
                                                                                                     er’s warranty, as determined by the Secretary to
                                                                                                     be appropriate for the equipment), and such pay-
                                                                                                     ments shall be in an amount determined to be ap-
                                                                                                     propriate by the Secretary.
                                                                                         (6) PAYMENT FOR OTHER COVERED ITEMS (OTHER THAN DURA-
                                                                                      BLE MEDICAL EQUIPMENT).—Payment for other covered items
                                                                                      (other than durable medical equipment and other covered
                                                                                      items described in paragraph (3), (4), or (5)) shall be made in
                                                                                      a lump-sum amount for the purchase of the item in the




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                                                                                      amount of the purchase price recognized under paragraph (8).




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                                                                                       (7) PAYMENT FOR OTHER ITEMS OF DURABLE MEDICAL EQUIP-
                                                                                      MENT.—
                                                                                            (A) PAYMENT.—In the case of an item of durable medical
                                                                                            equipment not described in paragraphs (2) through (6), the
                                                                                            following rules shall apply:
                                                                                                    (i) RENTAL.—
                                                                                                          (I) IN GENERAL.—Except as provided in clause
                                                                                                       (iii), payment for the item shall be made on a
                                                                                                       monthly basis for the rental of the item during the
                                                                                                       period of medical need (but payments under this
                                                                                                       clause may not extend over a period of continuous
                                                                                                       use (as determined by the Secretary) of longer
                                                                                                       than 13 months).
                                                                                                          (II) PAYMENT AMOUNT.—Subject to subclause
                                                                                                       (III) and subparagraph (B), the amount recognized
                                                                                                       for the item, for each of the first 3 months of such
                                                                                                       period, is 10 percent of the purchase price recog-
                                                                                                       nized under paragraph (8) with respect to the
                                                                                                       item, and, for each of the remaining months of
                                                                                                       such period, is 7.5 percent of such purchase price.
                                                                                                          (III) SPECIAL RULE FOR POWER-DRIVEN WHEEL-
                                                                                                       CHAIRS.—For purposes of payment for power-driv-
                                                                                                       en wheelchairs, subclause (II) shall be applied by
                                                                                                       substituting ‘‘15 percent’’ and ‘‘6 percent’’ for ‘‘10
                                                                                                       percent’’ and ‘‘7.5 percent’’, respectively.
                                                                                                    (ii) OWNERSHIP AFTER RENTAL.—On the first day
                                                                                                 that begins after the 13th continuous month during
                                                                                                 which payment is made for the rental of an item
                                                                                                 under clause (i), the supplier of the item shall transfer
                                                                                                 title to the item to the individual.
                                                                                                    (iii) PURCHASE AGREEMENT OPTION FOR COMPLEX, RE-
                                                                                                 HABILITATIVE POWER-DRIVEN WHEELCHAIRS.—In the
                                                                                                 case of a complex, rehabilitative power-driven wheel-
                                                                                                 chair, at the time the supplier furnishes the item, the
                                                                                                 supplier shall offer the individual the option to pur-
                                                                                                 chase the item, and payment for such item shall be
                                                                                                 made on a lump-sum basis if the individual exercises
                                                                                                 such option.
                                                                                                    (iv) MAINTENANCE AND SERVICING.—After the sup-
                                                                                                 plier transfers title to the item under clause (ii) or in
                                                                                                 the case of a power-driven wheelchair for which a pur-
                                                                                                 chase agreement has been entered into under clause
                                                                                                 (iii), maintenance and servicing payments shall, if the
                                                                                                 Secretary determines such payments are reasonable
                                                                                                 and necessary, be made (for parts and labor not cov-
                                                                                                 ered by the supplier’s or manufacturer’s warranty, as
                                                                                                 determined by the Secretary to be appropriate for the
                                                                                                 particular type of durable medical equipment), and
                                                                                                 such payments shall be in an amount determined to
                                                                                                 be appropriate by the Secretary.
                                                                                               (B) RANGE FOR RENTAL AMOUNTS.—
                                                                                                    (i) FOR 1989.—For items furnished during 1989, the
                                                                                                 payment amount recognized under subparagraph (A)(i)
                                                                                                 shall not be more than 115 percent, and shall not be




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                                                                                                 less than 85 percent, of the prevailing charge estab-




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                                                                                               lished for rental of the item in January 1987, in-
                                                                                               creased by the percentage increase in the consumer
                                                                                               price index for all urban consumers (U.S. city average)
                                                                                               for the 6-month period ending with December 1987.
                                                                                                  (ii) FOR 1990.—For items furnished during 1990,
                                                                                               clause (i) shall apply in the same manner as it applies
                                                                                               to items furnished during 1989.
                                                                                            (C) REPLACEMENT OF ITEMS.—
                                                                                                  (i) ESTABLISHMENT OF REASONABLE USEFUL LIFE-
                                                                                               TIME.—In accordance with clause (iii), the Secretary
                                                                                               shall determine and establish a reasonable useful life-
                                                                                               time for items of durable medical equipment for which
                                                                                               payment may be made under this paragraph.
                                                                                                  (ii) PAYMENT FOR REPLACEMENT ITEMS.—If the rea-
                                                                                               sonable lifetime of such an item, as so established, has
                                                                                               been reached during a continuous period of medical
                                                                                               need, or the carrier determines that the item is lost or
                                                                                               irreparably damaged, the patient may elect to have
                                                                                               payment for an item serving as a replacement for such
                                                                                               item made—
                                                                                                        (I) on a monthly basis for the rental of the re-
                                                                                                     placement item in accordance with subparagraph
                                                                                                     (A); or
                                                                                                        (II) in the case of an item for which a purchase
                                                                                                     agreement has been entered into under subpara-
                                                                                                     graph (A)(iii), in a lump-sum amount for the pur-
                                                                                                     chase of the item.
                                                                                                  (iii) LENGTH OF REASONABLE USEFUL LIFETIME.—The
                                                                                               reasonable useful lifetime of an item of durable med-
                                                                                               ical equipment under this subparagraph shall be equal
                                                                                               to 5 years, except that, if the Secretary determines
                                                                                               that, on the basis of prior experience in making pay-
                                                                                               ments for such an item under this title, a reasonable
                                                                                               useful lifetime of 5 years is not appropriate with re-
                                                                                               spect to a particular item, the Secretary shall estab-
                                                                                               lish an alternative reasonable lifetime for such item.
                                                                                        (8) PURCHASE PRICE RECOGNIZED FOR MISCELLANEOUS DE-
                                                                                      VICES AND ITEMS.—For purposes of paragraphs (6) and (7), the
                                                                                      amount that is recognized under this paragraph as the pur-
                                                                                      chase price for a covered item is the amount described in sub-
                                                                                      paragraph (C) of this paragraph, determined as follows:
                                                                                            (A) COMPUTATION OF LOCAL PURCHASE PRICE.—Each car-
                                                                                          rier under section 1842 shall compute a base local pur-
                                                                                          chase price for the item as follows:
                                                                                                  (i) The carrier shall compute a base local purchase
                                                                                               price, for each item described—
                                                                                                        (I) in paragraph (6) equal to the average reason-
                                                                                                     able charge in the locality for the purchase of the
                                                                                                     item for the 12-month period ending with June
                                                                                                     1987, or
                                                                                                        (II) in paragraph (7) equal to the average of the
                                                                                                     purchase prices on the claims submitted on an as-
                                                                                                     signment-related basis for the unused item sup-
                                                                                                     plied during the 6-month period ending with De-




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                                                                                                     cember 1986.




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                                                                                                   (ii) The carrier shall compute a local purchase price,
                                                                                                with respect to the furnishing of each particular
                                                                                                item—
                                                                                                         (I) in 1989 and 1990, equal to the base local
                                                                                                      purchase price computed under clause (i) in-
                                                                                                      creased by the percentage increase in the con-
                                                                                                      sumer price index for all urban consumers (U.S.
                                                                                                      city average) for the 6-month period ending with
                                                                                                      December 1987,
                                                                                                         (II) in 1991, equal to the local purchase price
                                                                                                      computed under this clause for the previous year,
                                                                                                      increased by the covered item update for 1991,
                                                                                                      and decreased by the percentage by which the av-
                                                                                                      erage of the reasonable charges for claims paid for
                                                                                                      all items described in paragraph (7) is lower than
                                                                                                      the average of the purchase prices submitted for
                                                                                                      such items during the final 9 months of 1988; or
                                                                                                         (III) in 1992, 1993, and 1994 equal to the local
                                                                                                      purchase price computed under this clause for the
                                                                                                      previous year increased by the covered item up-
                                                                                                      date for the year.
                                                                                              (B) COMPUTATION OF NATIONAL LIMITED PURCHASE
                                                                                            PRICE.—With respect to the furnishing of a particular item
                                                                                            in a year, the Secretary shall compute a national limited
                                                                                            purchase price—
                                                                                                   (i) for 1991, equal to the local purchase price com-
                                                                                                puted under subparagraph (A)(ii) for the item for the
                                                                                                year, except that such national limited purchase price
                                                                                                may not exceed 100 percent of the weighted average of
                                                                                                all local purchase prices for the item computed under
                                                                                                such subparagraph for the year, and may not be less
                                                                                                than 85 percent of the weighted average of all local
                                                                                                purchase prices for the item computed under such sub-
                                                                                                paragraph for the year;
                                                                                                   (ii) for 1992 and 1993, the amount determined under
                                                                                                this subparagraph for the preceding year increased by
                                                                                                the covered item update for such subsequent year;
                                                                                                   (iii) for 1994, the local purchase price computed
                                                                                                under subparagraph (A)(ii) for the item for the year,
                                                                                                except that such national limited purchase price may
                                                                                                not exceed 100 percent of the median of all local pur-
                                                                                                chase prices computed for the item under such sub-
                                                                                                paragraph for the year and may not be less than 85
                                                                                                percent of the median of all local purchase prices com-
                                                                                                puted under such subparagraph for the item for the
                                                                                                year; and
                                                                                                   (iv) for each subsequent year, equal to the amount
                                                                                                determined under this subparagraph for the preceding
                                                                                                year increased by the covered item update for such
                                                                                                subsequent year.
                                                                                              (C) PURCHASE PRICE RECOGNIZED.—For purposes of para-
                                                                                            graphs (6) and (7), the amount that is recognized under
                                                                                            this paragraph as the purchase price for each item fur-




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                                                                                            nished—




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                                                                                                     (i) in 1989 or 1990, is 100 percent of the local pur-
                                                                                                   chase price computed under subparagraph (A)(ii)(I);
                                                                                                     (ii) in 1991, is the sum of (I) 67 percent of the local
                                                                                                   purchase price computed under subparagraph
                                                                                                   (A)(ii)(II) for 1991, and (II) 33 percent of the national
                                                                                                   limited purchase price computed under subparagraph
                                                                                                   (B) for 1991;
                                                                                                     (iii) in 1992, is the sum of (I) 33 percent of the local
                                                                                                   purchase price computed under subparagraph
                                                                                                   (A)(ii)(III) for 1992, and (II) 67 percent of the national
                                                                                                   limited purchase price computed under subparagraph
                                                                                                   (B) for 1992; and
                                                                                                     (iv) in 1993 or a subsequent year, is the national
                                                                                                   limited purchase price computed under subparagraph
                                                                                                   (B) for that year.
                                                                                        (9) MONTHLY PAYMENT AMOUNT RECOGNIZED WITH RESPECT
                                                                                      TO OXYGEN AND OXYGEN EQUIPMENT.—For purposes of para-
                                                                                      graph (5), the amount that is recognized under this paragraph
                                                                                      for payment for oxygen and oxygen equipment is the monthly
                                                                                      payment amount described in subparagraph (C) of this para-
                                                                                      graph. Such amount shall be computed separately (i) for all
                                                                                      items of oxygen and oxygen equipment (other than portable ox-
                                                                                      ygen equipment) and (ii) for portable oxygen equipment (each
                                                                                      such group referred to in this paragraph as an ‘‘item’’).
                                                                                             (A) COMPUTATION OF LOCAL MONTHLY PAYMENT RATE.—
                                                                                          Each carrier under this section shall compute a base local
                                                                                          payment rate for each item as follows:
                                                                                                 (i) The carrier shall compute a base local average
                                                                                               monthly payment rate per beneficiary as an amount
                                                                                               equal to (I) the total reasonable charges for the item
                                                                                               during the 12-month period ending with December
                                                                                               1986, divided by (II) the total number of months for all
                                                                                               beneficiaries receiving the item in the area during the
                                                                                               12-month period for which the carrier made payment
                                                                                               for the item under this title.
                                                                                                 (ii) The carrier shall compute a local average month-
                                                                                               ly payment rate for the item applicable—
                                                                                                       (I) to 1989 and 1990, equal to 95 percent of the
                                                                                                    base local average monthly payment rate com-
                                                                                                    puted under clause (i) for the item increased by
                                                                                                    the percentage increase in the consumer price
                                                                                                    index for all urban consumers (U.S. city average)
                                                                                                    for the 6-month period ending with December
                                                                                                    1987, or
                                                                                                       (II) to 1991, 1992, 1993, and 1994 equal to the
                                                                                                    local average monthly payment rate computed
                                                                                                    under this clause for the item for the previous
                                                                                                    year increased by the covered item increase for
                                                                                                    the year.
                                                                                             (B) COMPUTATION OF NATIONAL LIMITED MONTHLY PAY-
                                                                                           MENT RATE.—With respect to the furnishing of an item in
                                                                                           a year, the Secretary shall compute a national limited
                                                                                           monthly payment rate equal to—
                                                                                                 (i) for 1991, the local monthly payment rate com-




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                                                                                               puted under subparagraph (A)(ii)(II) for the item for




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                                                                                                the year, except that such national limited monthly
                                                                                                payment rate may not exceed 100 percent of the
                                                                                                weighted average of all local monthly payment rates
                                                                                                computed for the item under such subparagraph for
                                                                                                the year, and may not be less than 85 percent of the
                                                                                                weighted average of all local monthly payment rates
                                                                                                computed for the item under such subparagraph for
                                                                                                the year;
                                                                                                   (ii) for 1992 and 1993, the amount determined under
                                                                                                this subparagraph for the preceding year increased by
                                                                                                the covered item update for such subsequent year;
                                                                                                   (iii) for 1994, the local monthly payment rate com-
                                                                                                puted under subparagraph (A)(ii) for the item for the
                                                                                                year, except that such national limited monthly pay-
                                                                                                ment rate may not exceed 100 percent of the median
                                                                                                of all local monthly payment rates computed for the
                                                                                                item under such subparagraph for the year and may
                                                                                                not be less than 85 percent of the median of all local
                                                                                                monthly payment rates computed for the item under
                                                                                                such subparagraph for the year;
                                                                                                   (iv) for 1995, 1996, and 1997, equal to the amount
                                                                                                determined under this subparagraph for the preceding
                                                                                                year increased by the covered item update for such
                                                                                                subsequent year;
                                                                                                   (v) for 1998, 75 percent of the amount determined
                                                                                                under this subparagraph for 1997; and
                                                                                                   (vi) for 1999 and each subsequent year, 70 percent
                                                                                                of the amount determined under this subparagraph for
                                                                                                1997.
                                                                                              (C) MONTHLY PAYMENT AMOUNT RECOGNIZED.—For pur-
                                                                                            poses of paragraph (5), the amount that is recognized
                                                                                            under this paragraph as the base monthly payment
                                                                                            amount for each item furnished—
                                                                                                   (i) in 1989 and in 1990, is 100 percent of the local
                                                                                                average monthly payment rate computed under sub-
                                                                                                paragraph (A)(ii) for the item;
                                                                                                   (ii) in 1991, is the sum of (I) 67 percent of the local
                                                                                                average monthly payment rate computed under sub-
                                                                                                paragraph (A)(ii)(II) for the item for 1991, and (II) 33
                                                                                                percent of the national limited monthly payment rate
                                                                                                computed under subparagraph (B)(i) for the item for
                                                                                                1991;
                                                                                                   (iii) in 1992, is the sum of (I) 33 percent of the local
                                                                                                average monthly payment rate computed under sub-
                                                                                                paragraph (A)(ii)(II) for the item for 1992, and (II) 67
                                                                                                percent of the national limited monthly payment rate
                                                                                                computed under subparagraph (B)(ii) for the item for
                                                                                                1992; and
                                                                                                   (iv) in a subsequent year, is the national limited
                                                                                                monthly payment rate computed under subparagraph
                                                                                                (B) for the item for that year.
                                                                                              (D) AUTHORITY TO CREATE CLASSES.—
                                                                                                   (i) IN GENERAL.—Subject to clause (ii), the Secretary




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                                                                                                may establish separate classes for any item of oxygen




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                                                                                                                                  88

                                                                                               and oxygen equipment and separate national limited
                                                                                               monthly payment rates for each of such classes.
                                                                                                  (ii) BUDGET NEUTRALITY.—The Secretary may take
                                                                                               actions under clause (i) only to the extent such actions
                                                                                               do not result in expenditures for any year to be more
                                                                                               or less than the expenditures which would have been
                                                                                               made if such actions had not been taken. The require-
                                                                                               ment of the preceding sentence shall not apply begin-
                                                                                               ning with the second calendar quarter beginning on or
                                                                                               after the date of the enactment of this sentence.
                                                                                        (10) EXCEPTIONS AND ADJUSTMENTS.—
                                                                                             (A) AREAS OUTSIDE CONTINENTAL UNITED STATES.—Ex-
                                                                                          ceptions to the amounts recognized under the previous pro-
                                                                                          visions of this subsection shall be made to take into ac-
                                                                                          count the unique circumstances of covered items furnished
                                                                                          in Alaska, Hawaii, or Puerto Rico.
                                                                                             (B) ADJUSTMENT FOR INHERENT REASONABLENESS.—The
                                                                                          Secretary is authorized to apply the provisions of para-
                                                                                          graphs (8) and (9) of section 1842(b) to covered items and
                                                                                          suppliers of such items and payments under this sub-
                                                                                          section in an area and with respect to covered items and
                                                                                          services for which the Secretary does not make a payment
                                                                                          amount adjustment under paragraph (1)(F).
                                                                                             (C) TRANSCUTANEOUS ELECTRICAL NERVE STIMULATOR
                                                                                          (TENS).—In order to permit an attending physician time to
                                                                                          determine whether the purchase of a transcutaneous elec-
                                                                                          trical nerve stimulator is medically appropriate for a par-
                                                                                          ticular patient, the Secretary may determine an appro-
                                                                                          priate payment amount for the initial rental of such item
                                                                                          for a period of not more than 2 months. If such item is
                                                                                          subsequently purchased, the payment amount with respect
                                                                                          to such purchase is the payment amount determined under
                                                                                          paragraph (2).
                                                                                        (11) IMPROPER BILLING AND REQUIREMENT OF PHYSICIAN
                                                                                      ORDER.—
                                                                                             (A) IMPROPER BILLING FOR CERTAIN RENTAL ITEMS.—Not-
                                                                                          withstanding any other provision of this title, a supplier of
                                                                                          a covered item for which payment is made under this sub-
                                                                                          section and which is furnished on a rental basis shall con-
                                                                                          tinue to supply the item without charge (other than a
                                                                                          charge provided under this subsection for the maintenance
                                                                                          and servicing of the item) after rental payments may no
                                                                                          longer be made under this subsection. If a supplier know-
                                                                                          ingly and willfully violates the previous sentence, the Sec-
                                                                                          retary may apply sanctions against the supplier under sec-
                                                                                          tion 1842(j)(2) in the same manner such sanctions may
                                                                                          apply with respect to a physician.
                                                                                             (B) REQUIREMENT OF PHYSICIAN ORDER.—
                                                                                                  (i) IN GENERAL.—The Secretary is authorized to re-
                                                                                               quire, for specified covered items, that payment may
                                                                                               be made under this subsection with respect to the item
                                                                                               only if a physician enrolled under section 1866(j) or an
                                                                                               eligible professional under section 1848(k)(3)(B) that is




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                                                                                               enrolled under section 1866(j) has communicated to




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                                                                                                the supplier, before delivery of the item, a written
                                                                                                order for the item.
                                                                                                   (ii) REQUIREMENT FOR FACE TO FACE ENCOUNTER.—
                                                                                                The Secretary shall require that such an order be
                                                                                                written pursuant to a physician, a physician assistant,
                                                                                                a nurse practitioner, or a clinical nurse specialist (as
                                                                                                those terms are defined in section 1861(aa)(5)) docu-
                                                                                                menting such physician, physician assistant, practi-
                                                                                                tioner, or specialist has had a face-to-face encounter
                                                                                                (including through use of telehealth under subsection
                                                                                                (m) and other than with respect to encounters that are
                                                                                                incident to services involved) with the individual in-
                                                                                                volved during the 6-month period preceding such writ-
                                                                                                ten order, or other reasonable timeframe as deter-
                                                                                                mined by the Secretary.
                                                                                         (12) REGIONAL CARRIERS.—The Secretary may designate, by
                                                                                      regulation under section 1842, one carrier for one or more en-
                                                                                      tire regions to process all claims within the region for covered
                                                                                      items under this section.
                                                                                         (13) COVERED ITEM.—In this subsection, the term ‘‘covered
                                                                                      item’’ means durable medical equipment (as defined in section
                                                                                      1861(n)), including such equipment described in section
                                                                                      1861(m)(5), but not including implantable items for which pay-
                                                                                      ment may be made under section 1833(t).
                                                                                         (14) COVERED ITEM UPDATE.—In this subsection, the term
                                                                                      ‘‘covered item update’’ means, with respect to a year—
                                                                                             (A) for 1991 and 1992, the percentage increase in the
                                                                                           consumer price index for all urban consumers (U.S. city
                                                                                           average) for the 12-month period ending with June of the
                                                                                           previous year reduced by 1 percentage point;
                                                                                             (B) for 1993, 1994, 1995, 1996, and 1997, the percentage
                                                                                           increase in the consumer price index for all urban con-
                                                                                           sumers (U.S. city average) for the 12-month period ending
                                                                                           with June of the previous year;
                                                                                             (C) for each of the years 1998 through 2000, 0 percent-
                                                                                           age points;
                                                                                             (D) for 2001, the percentage increase in the consumer
                                                                                           price index for all urban consumers (U.S. city average) for
                                                                                           the 12-month period ending with June 2000;
                                                                                             (E) for 2002, 0 percentage points;
                                                                                             (F) for 2003, the percentage increase in the consumer
                                                                                           price index for all urban consumers (U.S. urban average)
                                                                                           for the 12-month period ending with June of 2002;
                                                                                             (G) for 2004 through 2006—
                                                                                                   (i) subject to clause (ii), in the case of class III med-
                                                                                                ical devices described in section 513(a)(1)(C) of the
                                                                                                Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                                                                                                360(c)(1)(C)), the percentage increase described in sub-
                                                                                                paragraph (B) for the year involved; and
                                                                                                   (ii) in the case of covered items not described in
                                                                                                clause (i), 0 percentage points;
                                                                                             (H) for 2007—
                                                                                                   (i) subject to clause (ii), in the case of class III med-
                                                                                                ical devices described in section 513(a)(1)(C) of the




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                                                                                                Federal Food, Drug, and Cosmetic Act (21 U.S.C.




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                                                                                                360(c)(1)(C)), the percentage change determined by the
                                                                                                Secretary to be appropriate taking into account rec-
                                                                                                ommendations contained in the report of the Comp-
                                                                                                troller General of the United States under section
                                                                                                302(c)(1)(B) of the Medicare Prescription Drug, Im-
                                                                                                provement, and Modernization Act of 2003; and
                                                                                                   (ii) in the case of covered items not described in
                                                                                                clause (i), 0 percentage points;
                                                                                             (I) for 2008—
                                                                                                   (i) subject to clause (ii), in the case of class III med-
                                                                                                ical devices described in section 513(a)(1)(C) of the
                                                                                                Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                                                                                                360(c)(1)(C)), the percentage increase described in sub-
                                                                                                paragraph (B) (as applied to the payment amount for
                                                                                                2007 determined after the application of the percent-
                                                                                                age change under subparagraph (H)(i)); and
                                                                                                   (ii) in the case of covered items not described in
                                                                                                clause (i), 0 percentage points;
                                                                                             (J) for 2009—
                                                                                                   (i) in the case of items and services furnished in any
                                                                                                geographic area, if such items or services were se-
                                                                                                lected for competitive acquisition in any area under
                                                                                                the competitive acquisition program under section
                                                                                                1847(a)(1)(B)(i)(I) before July 1, 2008, including re-
                                                                                                lated accessories but only if furnished with such items
                                                                                                and services selected for such competition and diabetic
                                                                                                supplies but only if furnished through mail order, - 9.5
                                                                                                percent; or
                                                                                                   (ii) in the case of other items and services, the per-
                                                                                                centage increase in the consumer price index for all
                                                                                                urban consumers (U.S. urban average) for the 12-
                                                                                                month period ending with June 2008;
                                                                                             (K) for 2010, the percentage increase in the consumer
                                                                                           price index for all urban consumers (U.S. urban average)
                                                                                           for the 12-month period ending with June of the previous
                                                                                           year; and
                                                                                             (L) for 2011 and each subsequent year—
                                                                                                   (i) the percentage increase in the consumer price
                                                                                                index for all urban consumers (United States city av-
                                                                                                erage) for the 12-month period ending with June of
                                                                                                the previous year, reduced by—
                                                                                                   (ii) the productivity adjustment described in section
                                                                                                1886(b)(3)(B)(xi)(II).
                                                                                      The application of subparagraph (L)(ii) may result in the cov-
                                                                                      ered item update under this paragraph being less than 0.0 for
                                                                                      a year, and may result in payment rates under this subsection
                                                                                      for a year being less than such payment rates for the preceding
                                                                                      year.
                                                                                        (15) ADVANCE DETERMINATIONS OF COVERAGE FOR CERTAIN
                                                                                      ITEMS.—
                                                                                             (A) DEVELOPMENT OF LISTS OF ITEMS BY SECRETARY.—
                                                                                           The Secretary may develop and periodically update a list
                                                                                           of items for which payment may be made under this sub-
                                                                                           section that the Secretary determines, on the basis of prior




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                                                                                           payment experience, are frequently subject to unnecessary




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                                                                                          utilization throughout a carrier’s entire service area or a
                                                                                          portion of such area.
                                                                                             (B) DEVELOPMENT OF LISTS OF SUPPLIERS BY SEC-
                                                                                          RETARY.—The Secretary may develop and periodically up-
                                                                                          date a list of suppliers of items for which payment may be
                                                                                          made under this subsection with respect to whom—
                                                                                                  (i) the Secretary has found that a substantial num-
                                                                                               ber of claims for payment under this part for items
                                                                                               furnished by the supplier have been denied on the
                                                                                               basis of the application of section 1862(a)(1); or
                                                                                                  (ii) the Secretary has identified a pattern of over-
                                                                                               utilization resulting from the business practice of the
                                                                                               supplier.
                                                                                             (C) DETERMINATIONS OF COVERAGE IN ADVANCE.—A car-
                                                                                          rier shall determine in advance of delivery of an item
                                                                                          whether payment for the item may not be made because
                                                                                          the item is not covered or because of the application of sec-
                                                                                          tion 1862(a)(1) if—
                                                                                                  (i) the item is included on the list developed by the
                                                                                               Secretary under subparagraph (A);
                                                                                                  (ii) the item is furnished by a supplier included on
                                                                                               the list developed by the Secretary under subpara-
                                                                                               graph (B); or
                                                                                                  (iii) the item is a customized item (other than inex-
                                                                                               pensive items specified by the Secretary) and the pa-
                                                                                               tient to whom the item is to be furnished or the sup-
                                                                                               plier requests that such advance determination be
                                                                                               made.
                                                                                        (16) DISCLOSURE OF INFORMATION AND SURETY BOND.—The
                                                                                      Secretary shall not provide for the issuance (or renewal) of a
                                                                                      provider number for a supplier of durable medical equipment,
                                                                                      for purposes of payment under this part for durable medical
                                                                                      equipment furnished by the supplier, unless the supplier pro-
                                                                                      vides the Secretary on a continuing basis—
                                                                                             (A) with—
                                                                                                  (i) full and complete information as to the identity
                                                                                               of each person with an ownership or control interest
                                                                                               (as defined in section 1124(a)(3)) in the supplier or in
                                                                                               any subcontractor (as defined by the Secretary in reg-
                                                                                               ulations) in which the supplier directly or indirectly
                                                                                               has a 5 percent or more ownership interest; and
                                                                                                  (ii) to the extent determined to be feasible under
                                                                                               regulations of the Secretary, the name of any dis-
                                                                                               closing entity (as defined in section 1124(a)(2)) with
                                                                                               respect to which a person with such an ownership or
                                                                                               control interest in the supplier is a person with such
                                                                                               an ownership or control interest in the disclosing enti-
                                                                                               ty; and
                                                                                             (B) with a surety bond in a form specified by the Sec-
                                                                                          retary and in an amount that is not less than $50,000 that
                                                                                          the Secretary determines is commensurate with the vol-
                                                                                          ume of the billing of the supplier.
                                                                                      The Secretary may waive the requirement of a bond under sub-
                                                                                      paragraph (B) in the case of a supplier that provides a com-




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                                                                                      parable surety bond under State law. The Secretary, at the




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                                                                                      Secretary’s discretion, may impose the requirements of the
                                                                                      first sentence with respect to some or all providers of items or
                                                                                      services under part A or some or all suppliers or other persons
                                                                                      (other than physicians or other practitioners, as defined in sec-
                                                                                      tion 1842(b)(18)(C)) who furnish items or services under this
                                                                                      part.
                                                                                         (17) PROHIBITION AGAINST UNSOLICITED TELEPHONE CON-
                                                                                      TACTS BY SUPPLIERS.—
                                                                                              (A) IN GENERAL.—A supplier of a covered item under
                                                                                           this subsection may not contact an individual enrolled
                                                                                           under this part by telephone regarding the furnishing of a
                                                                                           covered item to the individual unless 1 of the following ap-
                                                                                           plies:
                                                                                                   (i) The individual has given written permission to
                                                                                                the supplier to make contact by telephone regarding
                                                                                                the furnishing of a covered item.
                                                                                                   (ii) The supplier has furnished a covered item to the
                                                                                                individual and the supplier is contacting the indi-
                                                                                                vidual only regarding the furnishing of such covered
                                                                                                item.
                                                                                                   (iii) If the contact is regarding the furnishing of a
                                                                                                covered item other than a covered item already fur-
                                                                                                nished to the individual, the supplier has furnished at
                                                                                                least 1 covered item to the individual during the 15-
                                                                                                month period preceding the date on which the supplier
                                                                                                makes such contact.
                                                                                              (B) PROHIBITING PAYMENT FOR ITEMS FURNISHED SUBSE-
                                                                                           QUENT TO UNSOLICITED CONTACTS.—If a supplier know-
                                                                                           ingly contacts an individual in violation of subparagraph
                                                                                           (A), no payment may be made under this part for any item
                                                                                           subsequently furnished to the individual by the supplier.
                                                                                              (C) EXCLUSION FROM PROGRAM FOR SUPPLIERS ENGAGING
                                                                                           IN PATTERN OF UNSOLICITED CONTACTS.—If a supplier
                                                                                           knowingly contacts individuals in violation of subpara-
                                                                                           graph (A) to such an extent that the supplier’s conduct es-
                                                                                           tablishes a pattern of contacts in violation of such subpara-
                                                                                           graph, the Secretary shall exclude the supplier from par-
                                                                                           ticipation in the programs under this Act, in accordance
                                                                                           with the procedures set forth in subsections (c), (f), and (g)
                                                                                           of section 1128.
                                                                                         (18) REFUND OF AMOUNTS COLLECTED FOR CERTAIN DIS-
                                                                                      ALLOWED ITEMS.—
                                                                                              (A) IN GENERAL.—If a nonparticipating supplier fur-
                                                                                           nishes to an individual enrolled under this part a covered
                                                                                           item for which no payment may be made under this part
                                                                                           by reason of paragraph (17)(B), the supplier shall refund
                                                                                           on a timely basis to the patient (and shall be liable to the
                                                                                           patient for) any amounts collected from the patient for the
                                                                                           item, unless—
                                                                                                   (i) the supplier establishes that the supplier did not
                                                                                                know and could not reasonably have been expected to
                                                                                                know that payment may not be made for the item by
                                                                                                reason of paragraph (17)(B), or
                                                                                                   (ii) before the item was furnished, the patient was




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                                                                                                made for that item and the patient has agreed to pay
                                                                                                for that item.
                                                                                              (B) SANCTIONS.—If a supplier knowingly and willfully
                                                                                           fails to make refunds in violation of subparagraph (A), the
                                                                                           Secretary may apply sanctions against the supplier in ac-
                                                                                           cordance with section 1842(j)(2).
                                                                                              (C) NOTICE.—Each carrier with a contract in effect
                                                                                           under this part with respect to suppliers of covered items
                                                                                           shall send any notice of denial of payment for covered
                                                                                           items by reason of paragraph (17)(B) and for which pay-
                                                                                           ment is not requested on an assignment-related basis to
                                                                                           the supplier and the patient involved.
                                                                                              (D) TIMELY BASIS DEFINED.—A refund under subpara-
                                                                                           graph (A) is considered to be on a timely basis only if—
                                                                                                   (i) in the case of a supplier who does not request re-
                                                                                                consideration or seek appeal on a timely basis, the re-
                                                                                                fund is made within 30 days after the date the sup-
                                                                                                plier receives a denial notice under subparagraph (C),
                                                                                                or
                                                                                                   (ii) in the case in which such a reconsideration or
                                                                                                appeal is taken, the refund is made within 15 days
                                                                                                after the date the supplier receives notice of an ad-
                                                                                                verse determination on reconsideration or appeal.
                                                                                         (19) CERTAIN UPGRADED ITEMS.—
                                                                                              (A) INDIVIDUAL’S RIGHT TO CHOOSE UPGRADED ITEM.—
                                                                                           Notwithstanding any other provision of this title, the Sec-
                                                                                           retary may issue regulations under which an individual
                                                                                           may purchase or rent from a supplier an item of upgraded
                                                                                           durable medical equipment for which payment would be
                                                                                           made under this subsection if the item were a standard
                                                                                           item.
                                                                                              (B) PAYMENTS TO SUPPLIER.—In the case of the purchase
                                                                                           or rental of an upgraded item under subparagraph (A)—
                                                                                                   (i) the supplier shall receive payment under this
                                                                                                subsection with respect to such item as if such item
                                                                                                were a standard item; and
                                                                                                   (ii) the individual purchasing or renting the item
                                                                                                shall pay the supplier an amount equal to the dif-
                                                                                                ference between the supplier’s charge and the amount
                                                                                                under clause (i).
                                                                                           In no event may the supplier’s charge for an upgraded
                                                                                           item exceed the applicable fee schedule amount (if any) for
                                                                                           such item.
                                                                                              (C) CONSUMER PROTECTION SAFEGUARDS.—Any regula-
                                                                                           tions under subparagraph (A) shall provide for consumer
                                                                                           protection standards with respect to the furnishing of up-
                                                                                           graded equipment under subparagraph (A). Such regula-
                                                                                           tions shall provide for—
                                                                                                   (i) determination of fair market prices with respect
                                                                                                to an upgraded item;
                                                                                                   (ii) full disclosure of the availability and price of
                                                                                                standard items and proof of receipt of such disclosure
                                                                                                information by the beneficiary before the furnishing of




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                                                                                                the upgraded item;




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                                                                                                   (iii) conditions of participation for suppliers in the
                                                                                                billing arrangement;
                                                                                                   (iv) sanctions of suppliers who are determined to en-
                                                                                                gage in coercive or abusive practices, including exclu-
                                                                                                sion; and
                                                                                                   (v) such other safeguards as the Secretary deter-
                                                                                                mines are necessary.
                                                                                         (20) IDENTIFICATION OF QUALITY STANDARDS.—
                                                                                              (A) IN GENERAL.—Subject to subparagraph (C), the Sec-
                                                                                           retary shall establish and implement quality standards for
                                                                                           suppliers of items and services described in subparagraph
                                                                                           (D) to be applied by recognized independent accreditation
                                                                                           organizations (as designated under subparagraph (B)) and
                                                                                           with which such suppliers shall be required to comply in
                                                                                           order to—
                                                                                                   (i) furnish any such item or service for which pay-
                                                                                                ment is made under this part; and
                                                                                                   (ii) receive or retain a provider or supplier number
                                                                                                used to submit claims for reimbursement for any such
                                                                                                item or service for which payment may be made under
                                                                                                this title.
                                                                                              (B) DESIGNATION OF INDEPENDENT ACCREDITATION ORGA-
                                                                                           NIZATIONS.—Not later than the date that is 1 year after
                                                                                           the date on which the Secretary implements the quality
                                                                                           standards under subparagraph (A), notwithstanding sec-
                                                                                           tion 1865(a), the Secretary shall designate and approve
                                                                                           one or more independent accreditation organizations for
                                                                                           purposes of such subparagraph.
                                                                                              (C) QUALITY STANDARDS.—The quality standards de-
                                                                                           scribed in subparagraph (A) may not be less stringent than
                                                                                           the quality standards that would otherwise apply if this
                                                                                           paragraph did not apply and shall include consumer serv-
                                                                                           ices standards.
                                                                                              (D) ITEMS AND SERVICES DESCRIBED.—The items and
                                                                                           services described in this subparagraph are the following
                                                                                           items and services, as the Secretary determines appro-
                                                                                           priate:
                                                                                                   (i) Covered items (as defined in paragraph (13)) for
                                                                                                which payment may otherwise be made under this
                                                                                                subsection.
                                                                                                   (ii) Prosthetic devices and orthotics and prosthetics
                                                                                                described in section 1834(h)(4).
                                                                                                   (iii) Items and services described in section
                                                                                                1842(s)(2).
                                                                                                   (iv) Lymphedema compression treatment items (as
                                                                                                defined in section 1861(lll)).
                                                                                              (E) IMPLEMENTATION.—The Secretary may establish by
                                                                                           program instruction or otherwise the quality standards
                                                                                           under this paragraph, including subparagraph (F), after
                                                                                           consultation with representatives of relevant parties. Such
                                                                                           standards shall be applied prospectively and shall be pub-
                                                                                           lished on the Internet website of the Centers for Medicare
                                                                                           & Medicaid Services.
                                                                                              (F) APPLICATION OF ACCREDITATION REQUIREMENT.—In




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                                                                                           implementing quality standards under this paragraph—




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                                                                                                  (i) subject to clause (ii) and subparagraph (G), the
                                                                                                Secretary shall require suppliers furnishing items and
                                                                                                services described in subparagraph (D) on or after Oc-
                                                                                                tober 1, 2009, directly or as a subcontractor for an-
                                                                                                other entity, to have submitted to the Secretary evi-
                                                                                                dence of accreditation by an accreditation organization
                                                                                                designated under subparagraph (B) as meeting appli-
                                                                                                cable quality standards, except that the Secretary
                                                                                                shall not require under this clause pharmacies to ob-
                                                                                                tain such accreditation before January 1, 2010, except
                                                                                                that the Secretary shall not require a pharmacy to
                                                                                                have submitted to the Secretary such evidence of ac-
                                                                                                creditation prior to January 1, 2011; and
                                                                                                  (ii) in applying such standards and the accreditation
                                                                                                requirement of clause (i) with respect to eligible pro-
                                                                                                fessionals (as defined in section 1848(k)(3)(B)), and in-
                                                                                                cluding such other persons, such as orthotists and
                                                                                                prosthetists, as specified by the Secretary, furnishing
                                                                                                such items and services—
                                                                                                        (I) such standards and accreditation require-
                                                                                                     ment shall not apply to such professionals and
                                                                                                     persons unless the Secretary determines that the
                                                                                                     standards being applied are designed specifically
                                                                                                     to be applied to such professionals and persons;
                                                                                                     and
                                                                                                        (II) the Secretary may exempt such profes-
                                                                                                     sionals and persons from such standards and re-
                                                                                                     quirement if the Secretary determines that licens-
                                                                                                     ing, accreditation, or other mandatory quality re-
                                                                                                     quirements apply to such professionals and per-
                                                                                                     sons with respect to the furnishing of such items
                                                                                                     and services.
                                                                                              (G) APPLICATION OF ACCREDITATION REQUIREMENT TO
                                                                                            CERTAIN PHARMACIES.—
                                                                                                  (i) IN GENERAL.—With respect to items and services
                                                                                                furnished on or after January 1, 2011, in imple-
                                                                                                menting quality standards under this paragraph—
                                                                                                        (I) subject to subclause (II), in applying such
                                                                                                     standards and the accreditation requirement of
                                                                                                     subparagraph (F)(i) with respect to pharmacies
                                                                                                     described in clause (ii) furnishing such items and
                                                                                                     services, such standards and accreditation re-
                                                                                                     quirement shall not apply to such pharmacies;
                                                                                                     and
                                                                                                        (II) the Secretary may apply to such pharmacies
                                                                                                     an alternative accreditation requirement estab-
                                                                                                     lished by the Secretary if the Secretary deter-
                                                                                                     mines such alternative accreditation requirement
                                                                                                     is more appropriate for such pharmacies.
                                                                                                  (ii) PHARMACIES DESCRIBED.—A pharmacy described
                                                                                                in this clause is a pharmacy that meets each of the fol-
                                                                                                lowing criteria:
                                                                                                        (I) The total billings by the pharmacy for such
                                                                                                     items and services under this title are less than 5




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                                                                                                     percent of total pharmacy sales, as determined




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                                                                                                    based on the average total pharmacy sales for the
                                                                                                    previous 3 calendar years, 3 fiscal years, or other
                                                                                                    yearly period specified by the Secretary.
                                                                                                       (II) The pharmacy has been enrolled under sec-
                                                                                                    tion 1866(j) as a supplier of durable medical
                                                                                                    equipment, prosthetics, orthotics, and supplies,
                                                                                                    has been issued (which may include the renewal
                                                                                                    of) a provider number for at least 5 years, and for
                                                                                                    which a final adverse action (as defined in section
                                                                                                    424.57(a) of title 42, Code of Federal Regulations)
                                                                                                    has not been imposed in the past 5 years.
                                                                                                       (III) The pharmacy submits to the Secretary an
                                                                                                    attestation, in a form and manner, and at a time,
                                                                                                    specified by the Secretary, that the pharmacy
                                                                                                    meets the criteria described in subclauses (I) and
                                                                                                    (II). Such attestation shall be subject to section
                                                                                                    1001 of title 18, United States Code.
                                                                                                       (IV) The pharmacy agrees to submit materials
                                                                                                    as requested by the Secretary, or during the
                                                                                                    course of an audit conducted on a random sample
                                                                                                    of pharmacies selected annually, to verify that the
                                                                                                    pharmacy meets the criteria described in sub-
                                                                                                    clauses (I) and (II). Materials submitted under the
                                                                                                    preceding sentence shall include a certification by
                                                                                                    an accountant on behalf of the pharmacy or the
                                                                                                    submission of tax returns filed by the pharmacy
                                                                                                    during the relevant periods, as requested by the
                                                                                                    Secretary.
                                                                                        (21) SPECIAL PAYMENT RULE FOR SPECIFIED ITEMS AND SUP-
                                                                                      PLIES.—
                                                                                            (A) IN GENERAL.—Notwithstanding the preceding provi-
                                                                                          sions of this subsection, for specified items and supplies
                                                                                          (described in subparagraph (B)) furnished during 2005, the
                                                                                          payment amount otherwise determined under this sub-
                                                                                          section for such specified items and supplies shall be re-
                                                                                          duced by the percentage difference between—
                                                                                                 (i) the amount of payment otherwise determined for
                                                                                               the specified item or supply under this subsection for
                                                                                               2002, and
                                                                                                 (ii) the amount of payment for the specified item or
                                                                                               supply under chapter 89 of title 5, United States Code,
                                                                                               as identified in the column entitled ‘‘Median FEHP
                                                                                               Price’’ in the table entitled ‘‘SUMMARY OF MEDI-
                                                                                               CARE PRICES COMPARED TO VA, MEDICAID, RE-
                                                                                               TAIL, AND FEHP PRICES FOR 16 ITEMS’’ included
                                                                                               in the Testimony of the Inspector General before the
                                                                                               Senate Committee on Appropriations, June 12, 2002,
                                                                                               or any subsequent report by the Inspector General.
                                                                                            (B) SPECIFIED ITEM OR SUPPLY DESCRIBED.—For purposes
                                                                                          of subparagraph (A), a specified item or supply means oxy-
                                                                                          gen and oxygen equipment, standard wheelchairs (includ-
                                                                                          ing standard power wheelchairs), nebulizers, diabetic sup-
                                                                                          plies consisting of lancets and testing strips, hospital beds,




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                                                                                          item or supply is identified in a table referred to in sub-
                                                                                          paragraph (A)(ii).
                                                                                             (C) APPLICATION OF UPDATE TO SPECIAL PAYMENT
                                                                                          AMOUNT.—The covered item update under paragraph (14)
                                                                                          for specified items and supplies for 2006 and each subse-
                                                                                          quent year shall be applied to the payment amount under
                                                                                          subparagraph (A) unless payment is made for such items
                                                                                          and supplies under section 1847.
                                                                                        (22) SPECIAL PAYMENT RULE FOR DIABETIC SUPPLIES.—Not-
                                                                                     withstanding the preceding provisions of this subsection, for
                                                                                     purposes of determining the payment amount under this sub-
                                                                                     section for diabetic supplies furnished on or after the first day
                                                                                     of the calendar quarter during 2013 that is at least 30 days
                                                                                     after the date of the enactment of this paragraph and before
                                                                                     the date described in paragraph (1)(H)(ii), the Secretary shall
                                                                                     recalculate and apply the covered item update under para-
                                                                                     graph (14) as if subparagraph (J)(i) of such paragraph was
                                                                                     amended by striking ‘‘but only if furnished through mail
                                                                                     order’’.
                                                                                   (b) FEE SCHEDULES FOR RADIOLOGIST SERVICES.—
                                                                                        (1) DEVELOPMENT.—The Secretary shall develop—
                                                                                             (A) a relative value scale to serve as the basis for the
                                                                                          payment for radiologist services under this part, and
                                                                                             (B) using such scale and appropriate conversion factors
                                                                                          and subject to subsection (c)(1)(A), fee schedules (on a re-
                                                                                          gional, statewide, locality, or carrier service area basis) for
                                                                                          payment for radiologist services under this part, to be im-
                                                                                          plemented for such services furnished during 1989.
                                                                                        (2) CONSULTATION.—In carrying out paragraph (1), the Sec-
                                                                                     retary shall regularly consult closely with the Physician Pay-
                                                                                     ment Review Commission, the American College of Radiology,
                                                                                     and other organizations representing physicians or suppliers
                                                                                     who furnish radiologist services and shall share with them the
                                                                                     data and data analysis being used to make the determinations
                                                                                     under paragraph (1), including data on variations in current
                                                                                     medicare payments by geographic area, and by service and
                                                                                     physician specialty.
                                                                                        (3) CONSIDERATIONS.—In developing the relative value scale
                                                                                     and fee schedules under paragraph (1), the Secretary—
                                                                                             (A) shall take into consideration variations in the cost of
                                                                                          furnishing such services among geographic areas and
                                                                                          among different sites where services are furnished, and
                                                                                             (B) may also take into consideration such other factors
                                                                                          respecting the manner in which physicians in different
                                                                                          specialties furnish such services as may be appropriate to
                                                                                          assure that payment amounts are equitable and designed
                                                                                          to promote effective and efficient provision of radiologist
                                                                                          services by physicians in the different specialties.
                                                                                        (4) SAVINGS.—
                                                                                             (A) BUDGET NEUTRAL FEE SCHEDULES.—The Secretary
                                                                                          shall develop preliminary fee schedules for 1989, which are
                                                                                          designed to result in the same amount of aggregate pay-
                                                                                          ments (net of any coinsurance and deductibles under sec-




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                                                                                          tions 1833(a)(1)(J) and 1833(b)) for radiologist services fur-




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                                                                                            nished in 1989 as would have been made if this subsection
                                                                                            had not been enacted.
                                                                                              (B) INITIAL SAVINGS.—The fee schedules established for
                                                                                            payment purposes under this subsection for services fur-
                                                                                            nished in 1989 shall be 97 percent of the amounts per-
                                                                                            mitted under these preliminary fee schedules developed
                                                                                            under subparagraph (A).
                                                                                              (C) 1990 FEE SCHEDULES.—For radiologist services (other
                                                                                            than portable X-ray services) furnished under this part
                                                                                            during 1990, after March 31 of such year, the conversion
                                                                                            factors used under this subsection shall be 96 percent of
                                                                                            the conversion factors that applied under this subsection
                                                                                            as of December 31, 1989.
                                                                                              (D) 1991 FEE SCHEDULES.—For radiologist services (other
                                                                                            than portable X-ray services) furnished under this part
                                                                                            during 1991, the conversion factors used in a locality
                                                                                            under this subsection shall, subject to clause (vii), be re-
                                                                                            duced to the adjusted conversion factor for the locality de-
                                                                                            termined as follows:
                                                                                                   (i) NATIONAL WEIGHTED AVERAGE CONVERSION FAC-
                                                                                                 TOR.—The Secretary shall estimate the national
                                                                                                 weighted average of the conversion factors used under
                                                                                                 this subsection for services furnished during 1990 be-
                                                                                                 ginning on April 1, using the best available data.
                                                                                                   (ii) REDUCED NATIONAL WEIGHTED AVERAGE.—The
                                                                                                 national weighted average estimated under clause (i)
                                                                                                 shall be reduced by 13 percent.
                                                                                                   (iii) COMPUTATION OF 1990 LOCALITY INDEX RELATIVE
                                                                                                 TO NATIONAL AVERAGE.—The Secretary shall establish
                                                                                                 an index which reflects, for each locality, the ratio of
                                                                                                 the conversion factor used in the locality under this
                                                                                                 subsection to the national weighted average estimated
                                                                                                 under clause (i).
                                                                                                   (iv) ADJUSTED CONVERSION FACTOR.—The adjusted
                                                                                                 conversion factor for the professional or technical com-
                                                                                                 ponent of a service in a locality is the sum of 1⁄2 of the
                                                                                                 locally-adjusted amount determined under clause (v)
                                                                                                 and 1⁄2 of the GPCI-adjusted amount determined
                                                                                                 under clause (vi).
                                                                                                   (v) LOCALLY-ADJUSTED AMOUNT.—For purposes of
                                                                                                 clause (iv), the locally adjusted amount determined
                                                                                                 under this clause is the product of (I) the national
                                                                                                 weighted average conversion factor computed under
                                                                                                 clause (ii), and (II) the index value established under
                                                                                                 clause (iii) for the locality.
                                                                                                   (vi) GPCI-ADJUSTED AMOUNT.—For purposes of
                                                                                                 clause (iv), the GPCI-adjusted amount determined
                                                                                                 under this clause is the sum of—
                                                                                                         (I) the product of (a) the portion of the reduced
                                                                                                      national weighted average conversion factor com-
                                                                                                      puted under clause (ii) which is attributable to
                                                                                                      physician work and (b) the geographic work index
                                                                                                      value for the locality (specified in Addendum C to




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                                                                                                      the Model Fee Schedule for Physician Services




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                                                                                                     (published on September 4, 1990, 55 Federal Reg-
                                                                                                     ister pp. 36238–36243)); and
                                                                                                        (II) the product of (a) the remaining portion of
                                                                                                     the reduced national weighted average conversion
                                                                                                     factor computed under clause (ii), and (b) the geo-
                                                                                                     graphic practice cost index value specified in sec-
                                                                                                     tion 1842(b)(14)(C)(iv) for the locality.
                                                                                               In applying this clause with respect to the professional
                                                                                               component of a service, 80 percent of the conversion
                                                                                               factor shall be considered to be attributable to physi-
                                                                                               cian work and with respect to the technical component
                                                                                               of the service, 0 percent shall be considered to be at-
                                                                                               tributable to physician work.
                                                                                                  (vii) LIMITS ON CONVERSION FACTOR.—The conver-
                                                                                               sion factor to be applied to a locality to the profes-
                                                                                               sional or technical component of a service shall not be
                                                                                               reduced under this subparagraph by more than 9.5
                                                                                               percent below the conversion factor applied in the lo-
                                                                                               cality under subparagraph (C) to such component, but
                                                                                               in no case shall the conversion factor be less than 60
                                                                                               percent of the national weighted average of the con-
                                                                                               version factors (computed under clause (i)).
                                                                                             (E) RULE FOR CERTAIN SCANNING SERVICES.—In the case
                                                                                          of the technical components of magnetic resonance imaging
                                                                                          (MRI) services and computer assisted tomography (CAT)
                                                                                          services furnished after December 31, 1990, the amount
                                                                                          otherwise payable shall be reduced by 10 percent.
                                                                                             (F) SUBSEQUENT UPDATING.—For radiologist services fur-
                                                                                          nished in subsequent years, the fee schedules shall be the
                                                                                          schedules for the previous year updated by the percentage
                                                                                          increase in the MEI (as defined in section 1842(i)(3)) for
                                                                                          the year.
                                                                                             (G) NONPARTICIPATING PHYSICIANS AND SUPPLIERS.—
                                                                                          Each fee schedule so established shall provide that the
                                                                                          payment rate recognized for nonparticipating physicians
                                                                                          and suppliers is equal to the appropriate percent (as de-
                                                                                          fined in section 1842(b)(4)(A)(iv)) of the payment rate rec-
                                                                                          ognized for participating physicians and suppliers.
                                                                                        (5) LIMITING CHARGES OF NONPARTICIPATING PHYSICIANS AND
                                                                                      SUPPLIERS.—
                                                                                             (A) IN GENERAL.—In the case of radiologist services fur-
                                                                                          nished after January 1, 1989, for which payment is made
                                                                                          under a fee schedule under this subsection, if a nonpartici-
                                                                                          pating physician or supplier furnishes the service to an in-
                                                                                          dividual entitled to benefits under this part, the physician
                                                                                          or supplier may not charge the individual more than the
                                                                                          limiting charge (as defined in subparagraph (B)).
                                                                                             (B) LIMITING CHARGE DEFINED.—In subparagraph (A),
                                                                                          the term ‘‘limiting charge’’ means, with respect to a service
                                                                                          furnished—
                                                                                                  (i) in 1989, 125 percent of the amount specified for
                                                                                               the service in the appropriate fee schedule established




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                                                                                               under paragraph (1),




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                                                                                                   (ii) in 1990, 120 percent of the amount specified for
                                                                                                the service in the appropriate fee schedule established
                                                                                                under paragraph (1), and
                                                                                                   (iii) after 1990, 115 percent of the amount specified
                                                                                                for the service in the appropriate fee schedule estab-
                                                                                                lished under paragraph (1).
                                                                                              (C) ENFORCEMENT.—If a physician or supplier knowingly
                                                                                           and willfully bills in violation of subparagraph (A), the
                                                                                           Secretary may apply sanctions against such physician or
                                                                                           supplier in accordance with section 1842(j)(2) in the same
                                                                                           manner as such sanctions may apply to a physician.
                                                                                        (6) RADIOLOGIST SERVICES DEFINED.—For the purposes of
                                                                                      this subsection and section 1833(a)(1)(J), the term ‘‘radiologist
                                                                                      services’’ only includes radiology services performed by, or
                                                                                      under the direction or supervision of, a physician—
                                                                                              (A) who is certified, or eligible to be certified, by the
                                                                                           American Board of Radiology, or
                                                                                              (B) for whom radiology services account for at least 50
                                                                                           percent of the total amount of charges made under this
                                                                                           part.
                                                                                   (c) PAYMENT AND STANDARDS FOR SCREENING MAMMOGRAPHY.—
                                                                                        (1) IN GENERAL.—With respect to expenses incurred for
                                                                                      screening mammography (as defined in section 1861(jj)), pay-
                                                                                      ment may be made only—
                                                                                              (A) for screening mammography conducted consistent
                                                                                           with the frequency permitted under paragraph (2); and
                                                                                              (B) if the screening mammography is conducted by a fa-
                                                                                           cility that has a certificate (or provisional certificate)
                                                                                           issued under section 354 of the Public Health Service Act.
                                                                                        (2) FREQUENCY COVERED.—
                                                                                              (A) IN GENERAL.—Subject to revision by the Secretary
                                                                                           under subparagraph (B)—
                                                                                                   (i) no payment may be made under this part for
                                                                                                screening mammography performed on a woman
                                                                                                under 35 years of age;
                                                                                                   (ii) payment may be made under this part for only
                                                                                                one screening mammography performed on a woman
                                                                                                over 34 years of age, but under 40 years of age; and
                                                                                                   (iii) in the case of a woman over 39 years of age,
                                                                                                payment may not be made under this part for screen-
                                                                                                ing mammography performed within 11 months fol-
                                                                                                lowing the month in which a previous screening mam-
                                                                                                mography was performed.
                                                                                              (B) REVISION OF FREQUENCY.—
                                                                                                   (i) REVIEW.—The Secretary, in consultation with the
                                                                                                Director of the National Cancer Institute, shall review
                                                                                                periodically the appropriate frequency for performing
                                                                                                screening mammography, based on age and such other
                                                                                                factors as the Secretary believes to be pertinent.
                                                                                                   (ii) REVISION OF FREQUENCY.—The Secretary, taking
                                                                                                into consideration the review made under clause (i),
                                                                                                may revise from time to time the frequency with
                                                                                                which screening mammography may be paid for under




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                                                                                                this subsection.




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                                                                                 (d) FREQUENCY LIMITS AND PAYMENT FOR COLORECTAL CANCER
                                                                               SCREENING TESTS.—
                                                                                     (1) SCREENING FECAL-OCCULT BLOOD TESTS.—
                                                                                          (A) PAYMENT AMOUNT.—The payment amount for
                                                                                       colorectal cancer screening tests consisting of screening
                                                                                       fecal-occult blood tests is equal to the payment amount es-
                                                                                       tablished for diagnostic fecal-occult blood tests under sec-
                                                                                       tion 1833(h).
                                                                                          (B) FREQUENCY LIMIT.—No payment may be made under
                                                                                       this part for a colorectal cancer screening test consisting of
                                                                                       a screening fecal-occult blood test—
                                                                                               (i) if the individual is under 50 years of age; or
                                                                                               (ii) if the test is performed within the 11 months
                                                                                            after a previous screening fecal-occult blood test.
                                                                                     (2) SCREENING FLEXIBLE SIGMOIDOSCOPIES.—
                                                                                          (A) FEE SCHEDULE.—With respect to colorectal cancer
                                                                                       screening        tests   consisting   of   screening     flexible
                                                                                       sigmoidoscopies, payment under section 1848 shall be con-
                                                                                       sistent with payment under such section for similar or re-
                                                                                       lated services.
                                                                                          (B) PAYMENT LIMIT.—In the case of screening flexible
                                                                                       sigmoidoscopy services, payment under this part shall not
                                                                                       exceed such amount as the Secretary specifies, based upon
                                                                                       the rates recognized for diagnostic flexible sigmoidoscopy
                                                                                       services.
                                                                                          (C) FACILITY PAYMENT LIMIT.—
                                                                                               (i) IN GENERAL.—Notwithstanding subsections
                                                                                            (i)(2)(A) and (t) of section 1833, in the case of screen-
                                                                                            ing flexible sigmoidoscopy services furnished on or
                                                                                            after January 1, 1999, that—
                                                                                                     (I) in accordance with regulations, may be per-
                                                                                                  formed in an ambulatory surgical center and for
                                                                                                  which the Secretary permits ambulatory surgical
                                                                                                  center payments under this part, and
                                                                                                     (II) are performed in an ambulatory surgical
                                                                                                  center or hospital outpatient department,
                                                                                            payment under this part shall be based on the lesser
                                                                                            of the amount under the fee schedule that would apply
                                                                                            to such services if they were performed in a hospital
                                                                                            outpatient department in an area or the amount under
                                                                                            the fee schedule that would apply to such services if
                                                                                            they were performed in an ambulatory surgical center
                                                                                            in the same area.
                                                                                               (ii) LIMITATION ON COINSURANCE.—Subject to section
                                                                                            1833(a)(1)(Y), but notwithstanding any other provision
                                                                                            of this title, in the case of a beneficiary who receives
                                                                                            the services described in clause (i)—
                                                                                                     (I) in computing the amount of any applicable
                                                                                                  copayment, the computation of such coinsurance
                                                                                                  shall be based upon the fee schedule under which
                                                                                                  payment is made for the services, and
                                                                                                     (II) the amount of such coinsurance is equal to
                                                                                                  25 percent of the payment amount under the fee




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                                                                                                  schedule described in subclause (I).




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                                                                                              (D) SPECIAL RULE FOR DETECTED LESIONS.—Subject to
                                                                                           section 1833(a)(1)(Y), if during the course of such screening
                                                                                           flexible sigmoidoscopy, a lesion or growth is detected which
                                                                                           results in a biopsy or removal of the lesion or growth, pay-
                                                                                           ment under this part shall not be made for the screening
                                                                                           flexible sigmoidoscopy but shall be made for the procedure
                                                                                           classified as a flexible sigmoidoscopy with such biopsy or
                                                                                           removal.
                                                                                              (E) FREQUENCY LIMIT.—No payment may be made under
                                                                                           this part for a colorectal cancer screening test consisting of
                                                                                           a screening flexible sigmoidoscopy—
                                                                                                   (i) if the individual is under 50 years of age; or
                                                                                                   (ii) if the procedure is performed within the 47
                                                                                                months        after   a    previous   screening     flexible
                                                                                                sigmoidoscopy or, in the case of an individual who is
                                                                                                not at high risk for colorectal cancer, if the procedure
                                                                                                is performed within the 119 months after a previous
                                                                                                screening colonoscopy.
                                                                                         (3) SCREENING COLONOSCOPY.—
                                                                                              (A) FEE SCHEDULE.—With respect to colorectal cancer
                                                                                           screening test consisting of a screening colonoscopy, pay-
                                                                                           ment under section 1848 shall be consistent with payment
                                                                                           amounts under such section for similar or related services.
                                                                                              (B) PAYMENT LIMIT.—In the case of screening
                                                                                           colonoscopy services, payment under this part shall not ex-
                                                                                           ceed such amount as the Secretary specifies, based upon
                                                                                           the rates recognized for diagnostic colonoscopy services.
                                                                                              (C) FACILITY PAYMENT LIMIT.—
                                                                                                   (i) IN GENERAL.—Notwithstanding subsections
                                                                                                (i)(2)(A) and (t) of section 1833, in the case of screen-
                                                                                                ing colonoscopy services furnished on or after January
                                                                                                1, 1999, that are performed in an ambulatory surgical
                                                                                                center or a hospital outpatient department, payment
                                                                                                under this part shall be based on the lesser of the
                                                                                                amount under the fee schedule that would apply to
                                                                                                such services if they were performed in a hospital out-
                                                                                                patient department in an area or the amount under
                                                                                                the fee schedule that would apply to such services if
                                                                                                they were performed in an ambulatory surgical center
                                                                                                in the same area.
                                                                                                   (ii) LIMITATION ON COINSURANCE.—Subject to section
                                                                                                1833(a)(1)(Y), but notwithstanding any other provision
                                                                                                of this title, in the case of a beneficiary who receives
                                                                                                the services described in clause (i)—
                                                                                                         (I) in computing the amount of any applicable
                                                                                                      coinsurance, the computation of such coinsurance
                                                                                                      shall be based upon the fee schedule under which
                                                                                                      payment is made for the services, and
                                                                                                         (II) the amount of such coinsurance is equal to
                                                                                                      25 percent of the payment amount under the fee
                                                                                                      schedule described in subclause (I).
                                                                                              (D) SPECIAL RULE FOR DETECTED LESIONS.—Subject to
                                                                                           section 1833(a)(1)(Y), if during the course of such screening
                                                                                           colonoscopy, a lesion or growth is detected which results in




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                                                                                           a biopsy or removal of the lesion or growth, payment under




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                                                                                        this part shall not be made for the screening colonoscopy
                                                                                        but shall be made for the procedure classified as a
                                                                                        colonoscopy with such biopsy or removal.
                                                                                           (E) FREQUENCY LIMIT.—No payment may be made under
                                                                                        this part for a colorectal cancer screening test consisting of
                                                                                        a screening colonoscopy for individuals at high risk for
                                                                                        colorectal cancer if the procedure is performed within the
                                                                                        23 months after a previous screening colonoscopy or for
                                                                                        other individuals if the procedure is performed within the
                                                                                        119 months after a previous screening colonoscopy or with-
                                                                                        in 47 months after a previous screening flexible
                                                                                        sigmoidoscopy.
                                                                                 (e) ACCREDITATION REQUIREMENT FOR ADVANCED DIAGNOSTIC IM-
                                                                               AGING SERVICES.—
                                                                                      (1) IN GENERAL.—
                                                                                           (A) IN GENERAL.—Beginning with January 1, 2012, with
                                                                                        respect to the technical component of advanced diagnostic
                                                                                        imaging services for which payment is made under the fee
                                                                                        schedule established under section 1848(b) and that are
                                                                                        furnished by a supplier, payment may only be made if
                                                                                        such supplier is accredited by an accreditation organiza-
                                                                                        tion designated by the Secretary under paragraph (2)(B)(i).
                                                                                           (B) ADVANCED DIAGNOSTIC IMAGING SERVICES DEFINED.—
                                                                                        In this subsection, the term ‘‘advanced diagnostic imaging
                                                                                        services’’ includes—
                                                                                                (i) diagnostic magnetic resonance imaging, computed
                                                                                             tomography, and nuclear medicine (including positron
                                                                                             emission tomography); and
                                                                                                (ii) such other diagnostic imaging services, including
                                                                                             services described in section 1848(b)(4)(B) (excluding
                                                                                             X-ray, ultrasound, and fluoroscopy), as specified by the
                                                                                             Secretary in consultation with physician specialty or-
                                                                                             ganizations and other stakeholders.
                                                                                           (C) SUPPLIER DEFINED.—In this subsection, the term
                                                                                        ‘‘supplier’’ has the meaning given such term in section
                                                                                        1861(d).
                                                                                      (2) ACCREDITATION ORGANIZATIONS.—
                                                                                           (A) FACTORS FOR DESIGNATION OF ACCREDITATION ORGA-
                                                                                        NIZATIONS.—The Secretary shall consider the following fac-
                                                                                        tors in designating accreditation organizations under sub-
                                                                                        paragraph (B)(i) and in reviewing and modifying the list of
                                                                                        accreditation organizations designated pursuant to sub-
                                                                                        paragraph (C):
                                                                                                (i) The ability of the organization to conduct timely
                                                                                             reviews of accreditation applications.
                                                                                                (ii) Whether the organization has established a proc-
                                                                                             ess for the timely integration of new advanced diag-
                                                                                             nostic imaging services into the organization’s accredi-
                                                                                             tation program.
                                                                                                (iii) Whether the organization uses random site vis-
                                                                                             its, site audits, or other strategies for ensuring accred-
                                                                                             ited suppliers maintain adherence to the criteria de-




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                                                                                             scribed in paragraph (3).




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                                                                                                   (iv) The ability of the organization to take into ac-
                                                                                                 count the capacities of suppliers located in a rural
                                                                                                 area (as defined in section 1886(d)(2)(D)).
                                                                                                   (v) Whether the organization has established rea-
                                                                                                 sonable fees to be charged to suppliers applying for ac-
                                                                                                 creditation.
                                                                                                   (vi) Such other factors as the Secretary determines
                                                                                                 appropriate.
                                                                                              (B) DESIGNATION.—Not later than January 1, 2010, the
                                                                                            Secretary shall designate organizations to accredit sup-
                                                                                            pliers furnishing the technical component of advanced di-
                                                                                            agnostic imaging services. The list of accreditation organi-
                                                                                            zations so designated may be modified pursuant to sub-
                                                                                            paragraph (C).
                                                                                              (C) REVIEW AND MODIFICATION OF LIST OF ACCREDITA-
                                                                                            TION ORGANIZATIONS.—
                                                                                                   (i) IN GENERAL.—The Secretary shall review the list
                                                                                                 of accreditation organizations designated under sub-
                                                                                                 paragraph (B) taking into account the factors under
                                                                                                 subparagraph (A). Taking into account the results of
                                                                                                 such review, the Secretary may, by regulation, modify
                                                                                                 the list of accreditation organizations designated
                                                                                                 under subparagraph (B).
                                                                                                   (ii) SPECIAL RULE FOR ACCREDITATIONS DONE PRIOR
                                                                                                   TO REMOVAL FROM LIST OF DESIGNATED ACCREDITATION
                                                                                                   ORGANIZATIONS.—In the case where the Secretary re-
                                                                                                moves an organization from the list of accreditation or-
                                                                                                ganizations designated under subparagraph (B), any
                                                                                                supplier that is accredited by the organization during
                                                                                                the period beginning on the date on which the organi-
                                                                                                zation is designated as an accreditation organization
                                                                                                under subparagraph (B) and ending on the date on
                                                                                                which the organization is removed from such list shall
                                                                                                be considered to have been accredited by an organiza-
                                                                                                tion designated by the Secretary under subparagraph
                                                                                                (B) for the remaining period such accreditation is in
                                                                                                effect.
                                                                                         (3) CRITERIA FOR ACCREDITATION.—The Secretary shall estab-
                                                                                      lish procedures to ensure that the criteria used by an accredi-
                                                                                      tation organization designated under paragraph (2)(B) to
                                                                                      evaluate a supplier that furnishes the technical component of
                                                                                      advanced diagnostic imaging services for the purpose of accred-
                                                                                      itation of such supplier is specific to each imaging modality.
                                                                                      Such criteria shall include—
                                                                                              (A) standards for qualifications of medical personnel who
                                                                                           are not physicians and who furnish the technical compo-
                                                                                           nent of advanced diagnostic imaging services;
                                                                                              (B) standards for qualifications and responsibilities of
                                                                                           medical directors and supervising physicians, including
                                                                                           standards that recognize the considerations described in
                                                                                           paragraph (4);
                                                                                              (C) procedures to ensure that equipment used in fur-
                                                                                           nishing the technical component of advanced diagnostic




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                                                                                           imaging services meets performance specifications;




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                                                                                            (D) standards that require the supplier have procedures
                                                                                         in place to ensure the safety of persons who furnish the
                                                                                         technical component of advanced diagnostic imaging serv-
                                                                                         ices and individuals to whom such services are furnished;
                                                                                            (E) standards that require the establishment and main-
                                                                                         tenance of a quality assurance and quality control program
                                                                                         by the supplier that is adequate and appropriate to ensure
                                                                                         the reliability, clarity, and accuracy of the technical qual-
                                                                                         ity of diagnostic images produced by such supplier; and
                                                                                            (F) any other standards or procedures the Secretary de-
                                                                                         termines appropriate.
                                                                                       (4) RECOGNITION IN STANDARDS FOR THE EVALUATION OF
                                                                                    MEDICAL DIRECTORS AND SUPERVISING PHYSICIANS.—The stand-
                                                                                    ards described in paragraph (3)(B) shall recognize whether a
                                                                                    medical director or supervising physician—
                                                                                            (A) in a particular specialty receives training in ad-
                                                                                         vanced diagnostic imaging services in a residency program;
                                                                                            (B) has attained, through experience, the necessary ex-
                                                                                         pertise to be a medical director or a supervising physician;
                                                                                            (C) has completed any continuing medical education
                                                                                         courses relating to such services; or
                                                                                            (D) has met such other standards as the Secretary deter-
                                                                                         mines appropriate.
                                                                                       (5) RULE FOR ACCREDITATIONS MADE PRIOR TO DESIGNA-
                                                                                    TION.—In the case of a supplier that is accredited before Janu-
                                                                                    ary 1, 2010, by an accreditation organization designated by the
                                                                                    Secretary under paragraph (2)(B) as of January 1, 2010, such
                                                                                    supplier shall be considered to have been accredited by an or-
                                                                                    ganization designated by the Secretary under such paragraph
                                                                                    as of January 1, 2012, for the remaining period such accredita-
                                                                                    tion is in effect.
                                                                                 (f) REDUCTION IN PAYMENTS FOR PHYSICIAN PATHOLOGY SERVICES
                                                                               DURING 1991.—
                                                                                       (1) IN GENERAL.—For physician pathology services furnished
                                                                                    under this part during 1991, the prevailing charges used in a
                                                                                    locality under this part shall be 7 percent below the prevailing
                                                                                    charges used in the locality under this part in 1990 after
                                                                                    March 31.
                                                                                       (2) LIMITATION.—The prevailing charge for the technical and
                                                                                    professional components of an physician pathology service fur-
                                                                                    nished by a physician through an independent laboratory shall
                                                                                    not be reduced pursuant to paragraph (1) to the extent that
                                                                                    such reduction would reduce such prevailing charge below 115
                                                                                    percent of the prevailing charge for the professional component
                                                                                    of such service when furnished by a hospital-based physician
                                                                                    in the same locality. For purposes of the preceding sentence,
                                                                                    an independent laboratory is a laboratory that is independent
                                                                                    of a hospital and separate from the attending or consulting
                                                                                    physicians’ office.
                                                                                 (g) PAYMENT FOR OUTPATIENT CRITICAL ACCESS HOSPITAL SERV-
                                                                               ICES.—
                                                                                       (1) IN GENERAL.—The amount of payment for outpatient crit-
                                                                                    ical access hospital services of a critical access hospital is equal




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                                                                                    to 101 percent of the reasonable costs of the hospital in pro-




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                                                                                      viding such services, unless the hospital makes the election
                                                                                      under paragraph (2).
                                                                                         (2) ELECTION OF COST-BASED HOSPITAL OUTPATIENT SERVICE
                                                                                      PAYMENT PLUS FEE SCHEDULE FOR PROFESSIONAL SERVICES.—A
                                                                                      critical access hospital may elect to be paid for outpatient crit-
                                                                                      ical access hospital services amounts equal to the sum of the
                                                                                      following, less the amount that such hospital may charge as
                                                                                      described in section 1866(a)(2)(A):
                                                                                              (A) FACILITY FEE.—With respect to facility services, not
                                                                                           including any services for which payment may be made
                                                                                           under subparagraph (B), 101 percent of the reasonable
                                                                                           costs of the critical access hospital in providing such serv-
                                                                                           ices.
                                                                                              (B) FEE SCHEDULE FOR PROFESSIONAL SERVICES.—With
                                                                                           respect to professional services otherwise included within
                                                                                           outpatient critical access hospital services, 115 percent of
                                                                                           such amounts as would otherwise be paid under this part
                                                                                           if such services were not included in outpatient critical ac-
                                                                                           cess hospital services. Subsections (x) and (y) of section
                                                                                           1833 shall not be taken into account in determining the
                                                                                           amounts that would otherwise be paid pursuant to the pre-
                                                                                           ceding sentence.
                                                                                      The Secretary may not require, as a condition for applying sub-
                                                                                      paragraph (B) with respect to a critical access hospital, that
                                                                                      each physician or other practitioner providing professional
                                                                                      services in the hospital must assign billing rights with respect
                                                                                      to such services, except that such subparagraph shall not apply
                                                                                      to those physicians and practitioners who have not assigned
                                                                                      such billing rights.
                                                                                         (3) DISREGARDING CHARGES.—The payment amounts under
                                                                                      this subsection shall be determined without regard to the
                                                                                      amount of the customary or other charge.
                                                                                         (4) TREATMENT OF CLINICAL DIAGNOSTIC LABORATORY SERV-
                                                                                      ICES.—No coinsurance, deductible, copayment, or other cost-
                                                                                      sharing otherwise applicable under this part shall apply with
                                                                                      respect to clinical diagnostic laboratory services furnished as
                                                                                      an outpatient critical access hospital service. Nothing in this
                                                                                      title shall be construed as providing for payment for clinical di-
                                                                                      agnostic laboratory services furnished as part of outpatient
                                                                                      critical access hospital services, other than on the basis de-
                                                                                      scribed in this subsection. For purposes of the preceding sen-
                                                                                      tence and section 1861(mm)(3), clinical diagnostic laboratory
                                                                                      services furnished by a critical access hospital shall be treated
                                                                                      as being furnished as part of outpatient critical access services
                                                                                      without regard to whether the individual with respect to whom
                                                                                      such services are furnished is physically present in the critical
                                                                                      access hospital, or in a skilled nursing facility or a clinic (in-
                                                                                      cluding a rural health clinic) that is operated by a critical ac-
                                                                                      cess hospital, at the time the specimen is collected.
                                                                                         (5) COVERAGE OF COSTS FOR CERTAIN EMERGENCY ROOM ON-
                                                                                      CALL PROVIDERS.—In determining the reasonable costs of out-
                                                                                      patient critical access hospital services under paragraphs (1)
                                                                                      and (2)(A), the Secretary shall recognize as allowable costs,
                                                                                      amounts (as defined by the Secretary) for reasonable com-




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                                                                                      pensation and related costs for physicians, physician assist-




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                                                                                   ants, nurse practitioners, and clinical nurse specialists who are
                                                                                   on-call (as defined by the Secretary) to provide emergency serv-
                                                                                   ices but who are not present on the premises of the critical ac-
                                                                                   cess hospital involved, and are not otherwise furnishing serv-
                                                                                   ices covered under this title and are not on-call at any other
                                                                                   provider or facility.
                                                                                 (h) PAYMENT FOR PROSTHETIC DEVICES AND ORTHOTICS AND
                                                                               PROSTHETICS.—
                                                                                     (1) GENERAL RULE FOR PAYMENT.—
                                                                                           (A) IN GENERAL.—Payment under this subsection for
                                                                                        prosthetic devices and orthotics and prosthetics shall be
                                                                                        made in a lump-sum amount for the purchase of the item
                                                                                        in an amount equal to 80 percent of the payment basis de-
                                                                                        scribed in subparagraph (B).
                                                                                           (B) PAYMENT BASIS.—Except as provided in subpara-
                                                                                        graphs (C), (E), and (H)(i), the payment basis described in
                                                                                        this subparagraph is the lesser of—
                                                                                                (i) the actual charge for the item; or
                                                                                                (ii) the amount recognized under paragraph (2) as
                                                                                             the purchase price for the item.
                                                                                           (C) EXCEPTION FOR CERTAIN PUBLIC HOME HEALTH AGEN-
                                                                                        CIES.—Subparagraph (B)(i) shall not apply to an item fur-
                                                                                        nished by a public home health agency (or by another
                                                                                        home health agency which demonstrates to the satisfaction
                                                                                        of the Secretary that a significant portion of its patients
                                                                                        are low income) free of charge or at nominal charges to the
                                                                                        public.
                                                                                           (D) EXCLUSIVE PAYMENT RULE.—Subject to subparagraph
                                                                                        (H)(ii), this subsection shall constitute the exclusive provi-
                                                                                        sion of this title for payment for prosthetic devices,
                                                                                        orthotics, and prosthetics under this part or under part A
                                                                                        to a home health agency.
                                                                                           (E) EXCEPTION FOR CERTAIN ITEMS.—Payment for ostomy
                                                                                        supplies, tracheostomy supplies, and urologicals shall be
                                                                                        made in accordance with subparagraphs (B) and (C) of sec-
                                                                                        tion 1834(a)(2).
                                                                                           (F) SPECIAL PAYMENT RULES FOR CERTAIN PROSTHETICS
                                                                                        AND CUSTOM-FABRICATED ORTHOTICS.—
                                                                                                (i) IN GENERAL.—No payment shall be made under
                                                                                             this subsection for an item of custom-fabricated
                                                                                             orthotics described in clause (ii) or for an item of pros-
                                                                                             thetics unless such item is—
                                                                                                     (I) furnished by a qualified practitioner; and
                                                                                                     (II) fabricated by a qualified practitioner or a
                                                                                                   qualified supplier at a facility that meets such cri-
                                                                                                   teria as the Secretary determines appropriate.
                                                                                                (ii) DESCRIPTION OF CUSTOM-FABRICATED ITEM.—
                                                                                                     (I) IN GENERAL.—An item described in this
                                                                                                   clause is an item of custom-fabricated orthotics
                                                                                                   that requires education, training, and experience
                                                                                                   to custom-fabricate and that is included in a list
                                                                                                   established by the Secretary in subclause (II).
                                                                                                   Such an item does not include shoes and shoe in-




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                                                                                                   serts.




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                                                                                                           (II) LIST OF ITEMS.—The Secretary, in consulta-
                                                                                                        tion with appropriate experts in orthotics (includ-
                                                                                                        ing national organizations representing manufac-
                                                                                                        turers of orthotics), shall establish and update as
                                                                                                        appropriate a list of items to which this subpara-
                                                                                                        graph applies. No item may be included in such
                                                                                                        list unless the item is individually fabricated for
                                                                                                        the patient over a positive model of the patient.
                                                                                                     (iii) QUALIFIED PRACTITIONER DEFINED.—In this sub-
                                                                                                  paragraph, the term ‘‘qualified practitioner’’ means a
                                                                                                  physician or other individual who—
                                                                                                           (I) is a qualified physical therapist or a qualified
                                                                                                        occupational therapist;
                                                                                                           (II) in the case of a State that provides for the
                                                                                                        licensing of orthotics and prosthetics, is licensed
                                                                                                        in orthotics or prosthetics by the State in which
                                                                                                        the item is supplied; or
                                                                                                           (III) in the case of a State that does not provide
                                                                                                        for the licensing of orthotics and prosthetics, is
                                                                                                        specifically trained and educated to provide or
                                                                                                        manage the provision of prosthetics and custom-
                                                                                                        designed or -fabricated orthotics, and is certified
                                                                                                        by the American Board for Certification in
                                                                                                        Orthotics and Prosthetics, Inc. or by the Board for
                                                                                                        Orthotist/Prosthetist       Certification,    or      is
                                                                                                        credentialed and approved by a program that the
                                                                                                        Secretary determines, in consultation with appro-
                                                                                                        priate experts in orthotics and prosthetics, has
                                                                                                        training and education standards that are nec-
                                                                                                        essary to provide such prosthetics and orthotics.
                                                                                                     (iv) QUALIFIED SUPPLIER DEFINED.—In this subpara-
                                                                                                  graph, the term ‘‘qualified supplier’’ means any entity
                                                                                                  that is accredited by the American Board for Certifi-
                                                                                                  cation in Orthotics and Prosthetics, Inc. or by the
                                                                                                  Board for Orthotist/Prosthetist Certification, or accred-
                                                                                                  ited and approved by a program that the Secretary de-
                                                                                                  termines has accreditation and approval standards
                                                                                                  that are essentially equivalent to those of such Board.
                                                                                                (G) REPLACEMENT OF PROSTHETIC DEVICES AND PARTS.—
                                                                                                     (i) IN GENERAL.—Payment shall be made for the re-
                                                                                                  placement of prosthetic devices which are artificial
                                                                                                  limbs, or for the replacement of any part of such de-
                                                                                                  vices, without regard to continuous use or useful life-
                                                                                                  time restrictions if an ordering physician determines
                                                                                                  that the provision of a replacement device, or a re-
                                                                                                  placement part of such a device, is necessary because
                                                                                                  of any of the following:
                                                                                                           (I) A change in the physiological condition of the
                                                                                                        patient.
                                                                                                           (II) An irreparable change in the condition of
                                                                                                        the device, or in a part of the device.
                                                                                                           (III) The condition of the device, or the part of
                                                                                                        the device, requires repairs and the cost of such




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                                                                                                        repairs would be more than 60 percent of the cost




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                                                                                                     of a replacement device, or, as the case may be, of
                                                                                                     the part being replaced.
                                                                                                  (ii) CONFIRMATION MAY BE REQUIRED IF DEVICE OR
                                                                                               PART BEING REPLACED IS LESS THAN 3 YEARS OLD.—If
                                                                                               a physician determines that a replacement device, or
                                                                                               a replacement part, is necessary pursuant to clause
                                                                                               (i)—
                                                                                                        (I) such determination shall be controlling; and
                                                                                                        (II) such replacement device or part shall be
                                                                                                     deemed to be reasonable and necessary for pur-
                                                                                                     poses of section 1862(a)(1)(A);
                                                                                               except that if the device, or part, being replaced is less
                                                                                               than 3 years old (calculated from the date on which
                                                                                               the beneficiary began to use the device or part), the
                                                                                               Secretary may also require confirmation of necessity of
                                                                                               the replacement device or replacement part, as the
                                                                                               case may be.
                                                                                             (H) APPLICATION OF COMPETITIVE ACQUISITION TO
                                                                                          ORTHOTICS; LIMITATION OF INHERENT REASONABLENESS AU-
                                                                                          THORITY.—In the case of orthotics described in paragraph
                                                                                          (2)(C) of section 1847(a) furnished on or after January 1,
                                                                                          2011, subject to subsection (a)(1)(G), that are included in
                                                                                          a competitive acquisition program in a competitive acquisi-
                                                                                          tion area under such section—
                                                                                                  (i) the payment basis under this subsection for such
                                                                                               orthotics furnished in such area shall be the payment
                                                                                               basis determined under such competitive acquisition
                                                                                               program; and
                                                                                                  (ii) subject to subsection (a)(1)(G), the Secretary may
                                                                                               use information on the payment determined under
                                                                                               such competitive acquisition programs to adjust the
                                                                                               payment amount otherwise recognized under subpara-
                                                                                               graph (B)(ii) for an area that is not a competitive ac-
                                                                                               quisition area under section 1847, and in the case of
                                                                                               such adjustment, paragraphs (8) and (9) of section
                                                                                               1842(b) shall not be applied.
                                                                                        (2) PURCHASE PRICE RECOGNIZED.—For purposes of para-
                                                                                      graph (1), the amount that is recognized under this paragraph
                                                                                      as the purchase price for prosthetic devices, orthotics, and
                                                                                      prosthetics is the amount described in subparagraph (C) of this
                                                                                      paragraph, determined as follows:
                                                                                             (A) COMPUTATION OF LOCAL PURCHASE PRICE.—Each car-
                                                                                          rier under section 1842 shall compute a base local pur-
                                                                                          chase price for the item as follows:
                                                                                                  (i) The carrier shall compute a base local purchase
                                                                                               price for each item equal to the average reasonable
                                                                                               charge in the locality for the purchase of the item for
                                                                                               the 12-month period ending with June 1987.
                                                                                                  (ii) The carrier shall compute a local purchase price,
                                                                                               with respect to the furnishing of each particular
                                                                                               item—
                                                                                                        (I) in 1989 and 1990, equal to the base local
                                                                                                     purchase price computed under clause (i) in-
                                                                                                     creased by the percentage increase in the con-




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                                                                                                     sumer price index for all urban consumers (United




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                                                                                                    States city average) for the 6-month period ending
                                                                                                    with December 1987, or
                                                                                                       (II) in 1991, 1992 or 1993, equal to the local
                                                                                                    purchase price computed under this clause for the
                                                                                                    previous year increased by the applicable percent-
                                                                                                    age increase for the year.
                                                                                             (B) COMPUTATION OF REGIONAL PURCHASE PRICE.—With
                                                                                          respect to the furnishing of a particular item in each re-
                                                                                          gion (as defined by the Secretary), the Secretary shall com-
                                                                                          pute a regional purchase price—
                                                                                                 (i) for 1992, equal to the average (weighted by rel-
                                                                                               ative volume of all claims among carriers) of the local
                                                                                               purchase prices for the carriers in the region computed
                                                                                               under subparagraph (A)(ii)(II) for the year, and
                                                                                                 (ii) for each subsequent year, equal to the regional
                                                                                               purchase price computed under this subparagraph for
                                                                                               the previous year increased by the applicable percent-
                                                                                               age increase for the year.
                                                                                             (C) PURCHASE PRICE RECOGNIZED.—For purposes of para-
                                                                                          graph (1) and subject to subparagraph (D), the amount
                                                                                          that is recognized under this paragraph as the purchase
                                                                                          price for each item furnished—
                                                                                                 (i) in 1989, 1990, or 1991, is 100 percent of the local
                                                                                               purchase price computed under subparagraph (A)(ii);
                                                                                                 (ii) in 1992, is the sum of (I) 75 percent of the local
                                                                                               purchase price computed under subparagraph
                                                                                               (A)(ii)(II) for 1992, and (II) 25 percent of the regional
                                                                                               purchase price computed under subparagraph (B) for
                                                                                               1992;
                                                                                                 (iii) in 1993, is the sum of (I) 50 percent of the local
                                                                                               purchase price computed under subparagraph
                                                                                               (A)(ii)(II) for 1993, and (II) 50 percent of the regional
                                                                                               purchase price computed under subparagraph (B) for
                                                                                               1993; and
                                                                                                 (iv) in 1994 or a subsequent year, is the regional
                                                                                               purchase price computed under subparagraph (B) for
                                                                                               that year.
                                                                                             (D) RANGE ON AMOUNT RECOGNIZED.—The amount that
                                                                                          is recognized under subparagraph (C) as the purchase
                                                                                          price for an item furnished—
                                                                                                 (i) in 1992, may not exceed 125 percent, and may
                                                                                               not be lower than 85 percent, of the average of the
                                                                                               purchase prices recognized under such subparagraph
                                                                                               for all the carrier service areas in the United States
                                                                                               in that year; and
                                                                                                 (ii) in a subsequent year, may not exceed 120 per-
                                                                                               cent, and may not be lower than 90 percent, of the av-
                                                                                               erage of the purchase prices recognized under such
                                                                                               subparagraph for all the carrier service areas in the
                                                                                               United States in that year.
                                                                                        (3) APPLICABILITY OF CERTAIN PROVISIONS RELATING TO DURA-
                                                                                      BLE MEDICAL EQUIPMENT.—Paragraphs (12) and (17) and sub-
                                                                                      paragraphs (A) and (B) of paragraph (10) and paragraph (11)




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                                                                                      of subsection (a) shall apply to prosthetic devices, orthotics,




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                                                                                      and prosthetics in the same manner as such provisions apply
                                                                                      to covered items under such subsection.
                                                                                        (4) DEFINITIONS.—In this subsection—
                                                                                              (A) the term ‘‘applicable percentage increase’’ means—
                                                                                                   (i) for 1991, 0 percent;
                                                                                                   (ii) for 1992 and 1993, the percentage increase in
                                                                                                the consumer price index for all urban consumers
                                                                                                (United States city average) for the 12-month period
                                                                                                ending with June of the previous year;
                                                                                                   (iii) for 1994 and 1995, 0 percent;
                                                                                                   (iv) for 1996 and 1997, the percentage increase in
                                                                                                the consumer price index for all urban consumers
                                                                                                (United States city average) for the 12-month period
                                                                                                ending with June of the previous year;
                                                                                                   (v) for each of the years 1998 through 2000, 1 per-
                                                                                                cent;
                                                                                                   (vi) for 2001, the percentage increase in the con-
                                                                                                sumer price index for all urban consumers (U.S. city
                                                                                                average) for the 12-month period ending with June
                                                                                                2000;
                                                                                                   (vii) for 2002, 1 percent;
                                                                                                   (viii) for 2003, the percentage increase in the con-
                                                                                                sumer price index for all urban consumers (United
                                                                                                States city average) for the 12-month period ending
                                                                                                with June of the previous year;
                                                                                                   (ix) for 2004, 2005, and 2006, 0 percent;
                                                                                                   (x) for for each of 2007 through 2010, the percentage
                                                                                                increase in the consumer price index for all urban con-
                                                                                                sumers (United States city average) for the 12-month
                                                                                                period ending with June of the previous year; and
                                                                                                   (xi) for 2011 and each subsequent year—
                                                                                                         (I) the percentage increase in the consumer
                                                                                                      price index for all urban consumers (United States
                                                                                                      city average) for the 12-month period ending with
                                                                                                      June of the previous year, reduced by—
                                                                                                         (II) the productivity adjustment described in
                                                                                                      section 1886(b)(3)(B)(xi)(II).
                                                                                              (B) the term ‘‘prosthetic devices’’ has the meaning given
                                                                                           such term in section 1861(s)(8), except that such term does
                                                                                           not include parenteral and enteral nutrition nutrients,
                                                                                           supplies, and equipment and does not include an
                                                                                           implantable item for which payment may be made under
                                                                                           section 1833(t); and
                                                                                              (C) the term ‘‘orthotics and prosthetics’’ has the meaning
                                                                                           given such term in section 1861(s)(9) (and includes shoes
                                                                                           described in section 1861(s)(12)), but does not include
                                                                                           intraocular lenses or medical supplies (including catheters,
                                                                                           catheter supplies, ostomy bags, and supplies related to
                                                                                           ostomy care) furnished by a home health agency under sec-
                                                                                           tion 1861(m)(5).
                                                                                      The application of subparagraph (A)(xi)(II) may result in the
                                                                                      applicable percentage increase under subparagraph (A) being
                                                                                      less than 0.0 for a year, and may result in payment rates
                                                                                      under this subsection for a year being less than such payment




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                                                                                      rates for the preceding year.




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                                                                                        (5) DOCUMENTATION CREATED BY ORTHOTISTS AND
                                                                                      PROSTHETISTS.—For purposes of determining the reasonable-
                                                                                    ness and medical necessity of orthotics and prosthetics, docu-
                                                                                    mentation created by an orthotist or prosthetist shall be con-
                                                                                    sidered part of the individual’s medical record to support docu-
                                                                                    mentation created by eligible professionals described in section
                                                                                    1848(k)(3)(B).
                                                                                 (i) PAYMENT FOR SURGICAL DRESSINGS.—
                                                                                      (1) IN GENERAL.—Payment under this subsection for surgical
                                                                                    dressings (described in section 1861(s)(5)) shall be made in a
                                                                                    lump sum amount for the purchase of the item in an amount
                                                                                    equal to 80 percent of the lesser of—
                                                                                           (A) the actual charge for the item; or
                                                                                           (B) a payment amount determined in accordance with
                                                                                        the methodology described in subparagraphs (B) and (C) of
                                                                                        subsection (a)(2) (except that in applying such method-
                                                                                        ology, the national limited payment amount referred to in
                                                                                        such subparagraphs shall be initially computed based on
                                                                                        local payment amounts using average reasonable charges
                                                                                        for the 12-month period ending December 31, 1992, in-
                                                                                        creased by the covered item updates described in such sub-
                                                                                        section for 1993 and 1994).
                                                                                      (2) EXCEPTIONS.—Paragraph (1) shall not apply to surgical
                                                                                    dressings that are—
                                                                                           (A) furnished as an incident to a physician’s professional
                                                                                        service; or
                                                                                           (B) furnished by a home health agency.
                                                                                 (j) REQUIREMENTS FOR SUPPLIERS OF MEDICAL EQUIPMENT AND
                                                                               SUPPLIES.—
                                                                                      (1) ISSUANCE AND RENEWAL OF SUPPLIER NUMBER.—
                                                                                           (A) PAYMENT.—Except as provided in subparagraph (C),
                                                                                        no payment may be made under this part after the date
                                                                                        of the enactment of the Social Security Act Amendments
                                                                                        of 1994 for items furnished by a supplier of medical equip-
                                                                                        ment and supplies unless such supplier obtains (and re-
                                                                                        news at such intervals as the Secretary may require) a
                                                                                        supplier number.
                                                                                           (B) STANDARDS FOR POSSESSING A SUPPLIER NUMBER.—A
                                                                                        supplier may not obtain a supplier number unless—
                                                                                                (i) for medical equipment and supplies furnished on
                                                                                             or after the date of the enactment of the Social Secu-
                                                                                             rity Act Amendments of 1994 and before January 1,
                                                                                             1996, the supplier meets standards prescribed by the
                                                                                             Secretary in regulations issued on June 18, 1992; and
                                                                                                (ii) for medical equipment and supplies furnished on
                                                                                             or after January 1, 1996, the supplier meets revised
                                                                                             standards prescribed by the Secretary (in consultation
                                                                                             with representatives of suppliers of medical equipment
                                                                                             and supplies, carriers, and consumers) that shall in-
                                                                                             clude requirements that the supplier—
                                                                                                      (I) comply with all applicable State and Federal
                                                                                                   licensure and regulatory requirements;
                                                                                                      (II) maintain a physical facility on an appro-




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                                                                                                   priate site;




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                                                                                                             (III) have proof of appropriate liability insur-
                                                                                                           ance; and
                                                                                                             (IV) meet such other requirements as the Sec-
                                                                                                           retary may specify.
                                                                                              (C) EXCEPTION FOR ITEMS FURNISHED AS INCIDENT TO A
                                                                                            PHYSICIAN’S SERVICE.—Subparagraph (A) shall not apply
                                                                                           with respect to medical equipment and supplies furnished
                                                                                           incident to a physician’s service.
                                                                                              (D) PROHIBITION AGAINST MULTIPLE SUPPLIER NUM-
                                                                                           BERS.—The Secretary may not issue more than one sup-
                                                                                           plier number to any supplier of medical equipment and
                                                                                           supplies unless the issuance of more than one number is
                                                                                           appropriate to identify subsidiary or regional entities
                                                                                           under the supplier’s ownership or control.
                                                                                              (E) PROHIBITION AGAINST DELEGATION OF SUPPLIER DE-
                                                                                           TERMINATIONS.—The Secretary may not delegate (other
                                                                                           than by contract under section 1842) the responsibility to
                                                                                           determine whether suppliers meet the standards necessary
                                                                                           to obtain a supplier number.
                                                                                         (2) CERTIFICATES OF MEDICAL NECESSITY.—
                                                                                              (A) LIMITATION ON INFORMATION PROVIDED BY SUPPLIERS
                                                                                           ON CERTIFICATES OF MEDICAL NECESSITY.—
                                                                                                  (i) IN GENERAL.—Effective 60 days after the date of
                                                                                                the enactment of the Social Security Act Amendments
                                                                                                of 1994, a supplier of medical equipment and supplies
                                                                                                may distribute to physicians, or to individuals entitled
                                                                                                to benefits under this part, a certificate of medical ne-
                                                                                                cessity for commercial purposes which contains no
                                                                                                more than the following information completed by the
                                                                                                supplier:
                                                                                                        (I) An identification of the supplier and the ben-
                                                                                                     eficiary to whom such medical equipment and
                                                                                                     supplies are furnished.
                                                                                                        (II) A description of such medical equipment
                                                                                                     and supplies.
                                                                                                        (III) Any product code identifying such medical
                                                                                                     equipment and supplies.
                                                                                                        (IV) Any other administrative information
                                                                                                     (other than information relating to the bene-
                                                                                                     ficiary’s medical condition) identified by the Sec-
                                                                                                     retary.
                                                                                                  (ii) INFORMATION ON PAYMENT AMOUNT AND
                                                                                                CHARGES.—If a supplier distributes a certificate of
                                                                                                medical necessity containing any of the information
                                                                                                permitted to be supplied under clause (i), the supplier
                                                                                                shall also list on the certificate of medical necessity
                                                                                                the fee schedule amount and the supplier’s charge for
                                                                                                the medical equipment or supplies being furnished
                                                                                                prior to distribution of such certificate to the physi-
                                                                                                cian.
                                                                                                  (iii) PENALTY.—Any supplier of medical equipment
                                                                                                and supplies who knowingly and willfully distributes a
                                                                                                certificate of medical necessity in violation of clause (i)
                                                                                                or fails to provide the information required under




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                                                                                                clause (ii) is subject to a civil money penalty in an




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                                                                                                amount not to exceed $1,000 for each such certificate
                                                                                                of medical necessity so distributed. The provisions of
                                                                                                section 1128A (other than subsections (a) and (b))
                                                                                                shall apply to civil money penalties under this sub-
                                                                                                paragraph in the same manner as they apply to a pen-
                                                                                                alty or proceeding under section 1128A(a).
                                                                                              (B) DEFINITION.—For purposes of this paragraph, the
                                                                                           term ‘‘certificate of medical necessity’’ means a form or
                                                                                           other document containing information required by the
                                                                                           carrier to be submitted to show that an item is reasonable
                                                                                           and necessary for the diagnosis or treatment of illness or
                                                                                           injury or to improve the functioning of a malformed body
                                                                                           member.
                                                                                         (3) COVERAGE AND REVIEW CRITERIA.—The Secretary shall
                                                                                      annually review the coverage and utilization of items of med-
                                                                                      ical equipment and supplies to determine whether such items
                                                                                      should be made subject to coverage and utilization review cri-
                                                                                      teria, and if appropriate, shall develop and apply such criteria
                                                                                      to such items.
                                                                                         (4) LIMITATION ON PATIENT LIABILITY.—If a supplier of med-
                                                                                      ical equipment and supplies (as defined in paragraph (5))—
                                                                                              (A) furnishes an item or service to a beneficiary for
                                                                                           which no payment may be made by reason of paragraph
                                                                                           (1);
                                                                                              (B) furnishes an item or service to a beneficiary for
                                                                                           which payment is denied in advance under subsection
                                                                                           (a)(15); or
                                                                                              (C) furnishes an item or service to a beneficiary for
                                                                                           which payment is denied under section 1862(a)(1);
                                                                                      any expenses incurred for items and services furnished to an
                                                                                      individual by such a supplier not on an assigned basis shall be
                                                                                      the responsibility of such supplier. The individual shall have
                                                                                      no financial responsibility for such expenses and the supplier
                                                                                      shall refund on a timely basis to the individual (and shall be
                                                                                      liable to the individual for) any amounts collected from the in-
                                                                                      dividual for such items or services. The provisions of subsection
                                                                                      (a)(18) shall apply to refunds required under the previous sen-
                                                                                      tence in the same manner as such provisions apply to refunds
                                                                                      under such subsection.
                                                                                         (5) DEFINITION.—The term ‘‘medical equipment and supplies’’
                                                                                      means—
                                                                                              (A) durable medical equipment (as defined in section
                                                                                           1861(n));
                                                                                              (B) prosthetic devices (as described in section 1861(s)(8));
                                                                                              (C) orthotics and prosthetics (as described in section
                                                                                           1861(s)(9));
                                                                                              (D) surgical dressings (as described in section
                                                                                           1861(s)(5));
                                                                                              (E) lymphedema compression treatment items (as defined
                                                                                           in section 1861(lll));
                                                                                              ø(E)¿ (F) such other items as the Secretary may deter-
                                                                                           mine; and
                                                                                              ø(F)¿ (G) for purposes of paragraphs (1) and (3)—
                                                                                                   (i) home dialysis supplies and equipment (as de-




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                                                                                                scribed in section 1861(s)(2)(F)),




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                                                                                                (ii) immunosuppressive drugs (as described in sec-
                                                                                             tion 1861(s)(2)(J)),
                                                                                                (iii) therapeutic shoes for diabetics (as described in
                                                                                             section 1861(s)(12)),
                                                                                                (iv) oral drugs prescribed for use as an anticancer
                                                                                             therapeutic      agent     (as   described    in  section
                                                                                             1861(s)(2)(Q)), and
                                                                                                (v) self-administered erythropoetin (as described in
                                                                                             section 1861(s)(2)(P)).
                                                                                 (k) PAYMENT FOR OUTPATIENT THERAPY SERVICES AND COM-
                                                                               PREHENSIVE OUTPATIENT REHABILITATION SERVICES.—
                                                                                      (1) IN GENERAL.—With respect to services described in sec-
                                                                                   tion 1833(a)(8) or 1833(a)(9) for which payment is determined
                                                                                   under this subsection, the payment basis shall be—
                                                                                           (A) for services furnished during 1998, the amount de-
                                                                                        termined under paragraph (2); or
                                                                                           (B) for services furnished during a subsequent year, 80
                                                                                        percent of the lesser of—
                                                                                                (i) the actual charge for the services, or
                                                                                                (ii) the applicable fee schedule amount (as defined in
                                                                                             paragraph (3)) for the services.
                                                                                      (2) PAYMENT IN 1998 BASED UPON ADJUSTED REASONABLE
                                                                                   COSTS.—The amount under this paragraph for services is the
                                                                                   lesser of—
                                                                                           (A) the charges imposed for the services, or
                                                                                           (B) the adjusted reasonable costs (as defined in para-
                                                                                        graph (4)) for the services,
                                                                                   less 20 percent of the amount of the charges imposed for such
                                                                                   services.
                                                                                      (3) APPLICABLE FEE SCHEDULE AMOUNT.—In this subsection,
                                                                                   the term ‘‘applicable fee schedule amount’’ means, with respect
                                                                                   to services furnished in a year, the amount determined under
                                                                                   the fee schedule established under section 1848 for such serv-
                                                                                   ices furnished during the year or, if there is no such fee sched-
                                                                                   ule established for such services, the amount determined under
                                                                                   the fee schedule established for such comparable services as
                                                                                   the Secretary specifies.
                                                                                      (4) ADJUSTED REASONABLE COSTS.—In paragraph (2), the
                                                                                   term ‘‘adjusted reasonable costs’’ means, with respect to any
                                                                                   services, reasonable costs determined for such services, re-
                                                                                   duced by 10 percent. The 10-percent reduction shall not apply
                                                                                   to services described in section 1833(a)(8)(B) (relating to serv-
                                                                                   ices provided by hospitals).
                                                                                      (5) UNIFORM CODING.—For claims for services submitted on
                                                                                   or after April 1, 1998, for which the amount of payment is de-
                                                                                   termined under this subsection, the claim shall include a code
                                                                                   (or codes) under a uniform coding system specified by the Sec-
                                                                                   retary that identifies the services furnished.
                                                                                      (6) RESTRAINT ON BILLING.—The provisions of subparagraphs
                                                                                   (A) and (B) of section 1842(b)(18) shall apply to therapy serv-
                                                                                   ices for which payment is made under this subsection in the
                                                                                   same manner as they apply to services provided by a practi-
                                                                                   tioner described in section 1842(b)(18)(C).
                                                                                      (7) ADJUSTMENT IN DISCOUNT FOR CERTAIN MULTIPLE THER-




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                                                                                   APY SERVICES.—In the case of therapy services furnished on or




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                                                                                    after April 1, 2013, and for which payment is made under this
                                                                                    subsection pursuant to the applicable fee schedule amount (as
                                                                                    defined in paragraph (3)), instead of the 25 percent multiple
                                                                                    procedure payment reduction specified in the final rule pub-
                                                                                    lished by the Secretary in the Federal Register on November
                                                                                    29, 2010, the reduction percentage shall be 50 percent.
                                                                                 (l) ESTABLISHMENT OF FEE SCHEDULE FOR AMBULANCE SERV-
                                                                               ICES.—
                                                                                       (1) IN GENERAL.—The Secretary shall establish a fee sched-
                                                                                    ule for payment for ambulance services whether provided di-
                                                                                    rectly by a supplier or provider or under arrangement with a
                                                                                    provider under this part through a negotiated rulemaking proc-
                                                                                    ess described in title 5, United States Code, and in accordance
                                                                                    with the requirements of this subsection.
                                                                                       (2) CONSIDERATIONS.—In establishing such fee schedule, the
                                                                                    Secretary shall—
                                                                                            (A) establish mechanisms to control increases in expend-
                                                                                         itures for ambulance services under this part;
                                                                                            (B) establish definitions for ambulance services which
                                                                                         link payments to the type of services provided;
                                                                                            (C) consider appropriate regional and operational dif-
                                                                                         ferences;
                                                                                            (D) consider adjustments to payment rates to account for
                                                                                         inflation and other relevant factors; and
                                                                                            (E) phase in the application of the payment rates under
                                                                                         the fee schedule in an efficient and fair manner consistent
                                                                                         with paragraph (11), except that such phase-in shall pro-
                                                                                         vide for full payment of any national mileage rate for am-
                                                                                         bulance services provided by suppliers that are paid by
                                                                                         carriers in any of the 50 States where payment by a car-
                                                                                         rier for such services for all such suppliers in such State
                                                                                         did not, prior to the implementation of the fee schedule, in-
                                                                                         clude a separate amount for all mileage within the county
                                                                                         from which the beneficiary is transported.
                                                                                       (3) SAVINGS.—In establishing such fee schedule, the Sec-
                                                                                    retary shall—
                                                                                            (A) ensure that the aggregate amount of payments made
                                                                                         for ambulance services under this part during 2000 does
                                                                                         not exceed the aggregate amount of payments which would
                                                                                         have been made for such services under this part during
                                                                                         such year if the amendments made by section 4531(a) of
                                                                                         the Balanced Budget Act of 1997 continued in effect, ex-
                                                                                         cept that in making such determination the Secretary
                                                                                         shall assume an update in such payments for 2002 equal
                                                                                         to percentage increase in the consumer price index for all
                                                                                         urban consumers (U.S. city average) for the 12-month pe-
                                                                                         riod ending with June of the previous year reduced in the
                                                                                         case of 2002 by 1.0 percentage points;
                                                                                            (B) set the payment amounts provided under the fee
                                                                                         schedule for services furnished in 2001 and each subse-
                                                                                         quent year at amounts equal to the payment amounts
                                                                                         under the fee schedule for services furnished during the
                                                                                         previous year, increased, subject to subparagraph (C) and
                                                                                         the succeeding sentence of this paragraph, by the percent-




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                                                                                         age increase in the consumer price index for all urban con-




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                                                                                           sumers (U.S. city average) for the 12-month period ending
                                                                                           with June of the previous year reduced in the case of 2002
                                                                                           by 1.0 percentage points; and
                                                                                              (C) for 2011 and each subsequent year, after deter-
                                                                                           mining the percentage increase under subparagraph (B)
                                                                                           for the year, reduce such percentage increase by the pro-
                                                                                           ductivity      adjustment       described       in     section
                                                                                           1886(b)(3)(B)(xi)(II).
                                                                                      The application of subparagraph (C) may result in the percent-
                                                                                      age increase under subparagraph (B) being less than 0.0 for a
                                                                                      year, and may result in payment rates under the fee schedule
                                                                                      under this subsection for a year being less than such payment
                                                                                      rates for the preceding year.
                                                                                         (4) CONSULTATION.—In establishing the fee schedule for am-
                                                                                      bulance services under this subsection, the Secretary shall con-
                                                                                      sult with various national organizations representing individ-
                                                                                      uals and entities who furnish and regulate ambulance services
                                                                                      and share with such organizations relevant data in estab-
                                                                                      lishing such schedule.
                                                                                         (5) LIMITATION ON REVIEW.—There shall be no administra-
                                                                                      tive or judicial review under section 1869 or otherwise of the
                                                                                      amounts established under the fee schedule for ambulance
                                                                                      services under this subsection, including matters described in
                                                                                      paragraph (2).
                                                                                         (6) RESTRAINT ON BILLING.—The provisions of subparagraphs
                                                                                      (A) and (B) of section 1842(b)(18) shall apply to ambulance
                                                                                      services for which payment is made under this subsection in
                                                                                      the same manner as they apply to services provided by a prac-
                                                                                      titioner described in section 1842(b)(18)(C).
                                                                                         (7) CODING SYSTEM.—The Secretary may require the claim
                                                                                      for any services for which the amount of payment is deter-
                                                                                      mined under this subsection to include a code (or codes) under
                                                                                      a uniform coding system specified by the Secretary that identi-
                                                                                      fies the services furnished.
                                                                                         (8) SERVICES FURNISHED BY CRITICAL ACCESS HOSPITALS.—
                                                                                      Notwithstanding any other provision of this subsection, the
                                                                                      Secretary shall pay 101 percent of the reasonable costs in-
                                                                                      curred in furnishing ambulance services if such services are
                                                                                      furnished—
                                                                                              (A) by a critical access hospital (as defined in section
                                                                                           1861(mm)(1)), or
                                                                                              (B) by an entity that is owned and operated by a critical
                                                                                           access hospital,
                                                                                      but only if the critical access hospital or entity is the only pro-
                                                                                      vider or supplier of ambulance services that is located within
                                                                                      a 35-mile drive of such critical access hospital.
                                                                                         (9) TRANSITIONAL ASSISTANCE FOR RURAL PROVIDERS.—In the
                                                                                      case of ground ambulance services furnished on or after July
                                                                                      1, 2001, and before January 1, 2004, for which the transpor-
                                                                                      tation originates in a rural area (as defined in section
                                                                                      1886(d)(2)(D)) or in a rural census tract of a metropolitan sta-
                                                                                      tistical area (as determined under the most recent modification
                                                                                      of the Goldsmith Modification, originally published in the Fed-
                                                                                      eral Register on February 27, 1992 (57 Fed. Reg. 6725)), the




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                                                                                      fee schedule established under this subsection shall provide




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                                                                                      that, with respect to the payment rate for mileage for a trip
                                                                                      above 17 miles, and up to 50 miles, the rate otherwise estab-
                                                                                      lished shall be increased by not less than 1⁄2 of the additional
                                                                                      payment per mile established for the first 17 miles of such a
                                                                                      trip originating in a rural area.
                                                                                         (10) PHASE-IN PROVIDING FLOOR USING BLEND OF FEE SCHED-
                                                                                      ULE AND REGIONAL FEE SCHEDULES.—In carrying out the
                                                                                      phase-in under paragraph (2)(E) for each level of ground serv-
                                                                                      ice furnished in a year, the portion of the payment amount
                                                                                      that is based on the fee schedule shall be the greater of the
                                                                                      amount determined under such fee schedule (without regard to
                                                                                      this paragraph) or the following blended rate of the fee sched-
                                                                                      ule under paragraph (1) and of a regional fee schedule for the
                                                                                      region involved:
                                                                                              (A) For 2004 (for services furnished on or after July 1,
                                                                                           2004), the blended rate shall be based 20 percent on the
                                                                                           fee schedule under paragraph (1) and 80 percent on the re-
                                                                                           gional fee schedule.
                                                                                              (B) For 2005, the blended rate shall be based 40 percent
                                                                                           on the fee schedule under paragraph (1) and 60 percent on
                                                                                           the regional fee schedule.
                                                                                              (C) For 2006, the blended rate shall be based 60 percent
                                                                                           on the fee schedule under paragraph (1) and 40 percent on
                                                                                           the regional fee schedule.
                                                                                              (D) For 2007, 2008, and 2009, the blended rate shall be
                                                                                           based 80 percent on the fee schedule under paragraph (1)
                                                                                           and 20 percent on the regional fee schedule.
                                                                                              (E) For 2010 and each succeeding year, the blended rate
                                                                                           shall be based 100 percent on the fee schedule under para-
                                                                                           graph (1).
                                                                                      For purposes of this paragraph, the Secretary shall establish
                                                                                      a regional fee schedule for each of the nine census divisions
                                                                                      (referred to in section 1886(d)(2)) using the methodology (used
                                                                                      in establishing the fee schedule under paragraph (1)) to cal-
                                                                                      culate a regional conversion factor and a regional mileage pay-
                                                                                      ment rate and using the same payment adjustments and the
                                                                                      same relative value units as used in the fee schedule under
                                                                                      such paragraph.
                                                                                         (11) ADJUSTMENT IN PAYMENT FOR CERTAIN LONG TRIPS.—In
                                                                                      the case of ground ambulance services furnished on or after
                                                                                      July 1, 2004, and before January 1, 2009, regardless of where
                                                                                      the transportation originates, the fee schedule established
                                                                                      under this subsection shall provide that, with respect to the
                                                                                      payment rate for mileage for a trip above 50 miles the per mile
                                                                                      rate otherwise established shall be increased by 1⁄4 of the pay-
                                                                                      ment per mile otherwise applicable to miles in excess of 50
                                                                                      miles in such trip.
                                                                                         (12) ASSISTANCE FOR RURAL PROVIDERS FURNISHING SERVICES
                                                                                      IN LOW POPULATION DENSITY AREAS.—
                                                                                              (A) IN GENERAL.—In the case of ground ambulance serv-
                                                                                           ices furnished on or after July 1, 2004, and before January
                                                                                           1, 2023, for which the transportation originates in a quali-
                                                                                           fied rural area (identified under subparagraph (B)(iii)), the
                                                                                           Secretary shall provide for a percent increase in the base




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                                                                                           rate of the fee schedule for a trip established under this




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                                                                                                                              119

                                                                                          subsection. In establishing such percent increase, the Sec-
                                                                                          retary shall estimate the average cost per trip for such
                                                                                          services (not taking into account mileage) in the lowest
                                                                                          quartile as compared to the average cost per trip for such
                                                                                          services (not taking into account mileage) in the highest
                                                                                          quartile of all rural county populations.
                                                                                            (B) IDENTIFICATION OF QUALIFIED RURAL AREAS.—
                                                                                                  (i) DETERMINATION OF POPULATION DENSITY IN
                                                                                               AREA.—Based upon data from the United States de-
                                                                                               cennial census for the year 2000, the Secretary shall
                                                                                               determine, for each rural area, the population density
                                                                                               for that area.
                                                                                                  (ii) RANKING OF AREAS.—The Secretary shall rank
                                                                                               each such area based on such population density.
                                                                                                  (iii) IDENTIFICATION OF QUALIFIED RURAL AREAS.—
                                                                                               The Secretary shall identify those areas (in subpara-
                                                                                               graph (A) referred to as ‘‘qualified rural areas’’) with
                                                                                               the lowest population densities that represent, if each
                                                                                               such area were weighted by the population of such
                                                                                               area (as used in computing such population densities),
                                                                                               an aggregate total of 25 percent of the total of the pop-
                                                                                               ulation of all such areas.
                                                                                                  (iv) RURAL AREA.—For purposes of this paragraph,
                                                                                               the term ‘‘rural area’’ has the meaning given such
                                                                                               term in section 1886(d)(2)(D). If feasible, the Secretary
                                                                                               shall treat a rural census tract of a metropolitan sta-
                                                                                               tistical area (as determined under the most recent
                                                                                               modification of the Goldsmith Modification, originally
                                                                                               published in the Federal Register on February 27,
                                                                                               1992 (57 Fed. Reg. 6725) as a rural area for purposes
                                                                                               of this paragraph.
                                                                                                  (v) JUDICIAL REVIEW.—There shall be no administra-
                                                                                               tive or judicial review under section 1869, 1878, or
                                                                                               otherwise, respecting the identification of an area
                                                                                               under this subparagraph.
                                                                                        (13) TEMPORARY INCREASE FOR GROUND AMBULANCE SERV-
                                                                                      ICES.—
                                                                                            (A) IN GENERAL.—After computing the rates with respect
                                                                                          to ground ambulance services under the other applicable
                                                                                          provisions of this subsection, in the case of such services
                                                                                          furnished on or after July 1, 2004, and before January 1,
                                                                                          2007, and for such services furnished on or after July 1,
                                                                                          2008, and before January 1, 2023, for which the transpor-
                                                                                          tation originates in—
                                                                                                  (i) a rural area described in paragraph (9) or in a
                                                                                               rural census tract described in such paragraph, the fee
                                                                                               schedule established under this section shall provide
                                                                                               that the rate for the service otherwise established,
                                                                                               after the application of any increase under paragraphs
                                                                                               (11) and (12), shall be increased by 2 percent (or 3 per-
                                                                                               cent if such service is furnished on or after July 1,
                                                                                               2008, and before January 1, 2023); and
                                                                                                  (ii) an area not described in clause (i), the fee sched-
                                                                                               ule established under this subsection shall provide




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                                                                                               that the rate for the service otherwise established,




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                                                                                                                              120

                                                                                               after the application of any increase under paragraph
                                                                                               (11), shall be increased by 1 percent (or 2 percent if
                                                                                               such service is furnished on or after July 1, 2008, and
                                                                                               before January 1, 2023).
                                                                                             (B) APPLICATION OF INCREASED PAYMENTS AFTER APPLI-
                                                                                          CABLE PERIOD.—The increased payments under subpara-
                                                                                          graph (A) shall not be taken into account in calculating
                                                                                          payments for services furnished after the applicable period
                                                                                          specified in such subparagraph.
                                                                                        (14) PROVIDING APPROPRIATE COVERAGE OF RURAL AIR AMBU-
                                                                                      LANCE SERVICES.—
                                                                                             (A) IN GENERAL.—The regulations described in section
                                                                                          1861(s)(7) shall provide, to the extent that any ambulance
                                                                                          services (whether ground or air) may be covered under
                                                                                          such section, that a rural air ambulance service (as defined
                                                                                          in subparagraph (C)) is reimbursed under this subsection
                                                                                          at the air ambulance rate if the air ambulance service—
                                                                                                  (i) is reasonable and necessary based on the health
                                                                                               condition of the individual being transported at or im-
                                                                                               mediately prior to the time of the transport; and
                                                                                                  (ii) complies with equipment and crew requirements
                                                                                               established by the Secretary.
                                                                                             (B) SATISFACTION OF REQUIREMENT OF MEDICALLY NEC-
                                                                                          ESSARY.—The requirement of subparagraph (A)(i) is
                                                                                          deemed to be met for a rural air ambulance service if—
                                                                                                  (i) subject to subparagraph (D), such service is re-
                                                                                               quested by a physician or other qualified medical per-
                                                                                               sonnel (as specified by the Secretary) who certifies or
                                                                                               reasonably determines that the individual’s condition
                                                                                               is such that the time needed to transport the indi-
                                                                                               vidual by land or the instability of transportation by
                                                                                               land poses a threat to the individual’s survival or seri-
                                                                                               ously endangers the individual’s health; or
                                                                                                  (ii) such service is furnished pursuant to a protocol
                                                                                               that is established by a State or regional emergency
                                                                                               medical service (EMS) agency and recognized or ap-
                                                                                               proved by the Secretary under which the use of an air
                                                                                               ambulance is recommended, if such agency does not
                                                                                               have an ownership interest in the entity furnishing
                                                                                               such service.
                                                                                             (C) RURAL AIR AMBULANCE SERVICE DEFINED.—For pur-
                                                                                          poses of this paragraph, the term ‘‘rural air ambulance
                                                                                          service’’ means fixed wing and rotary wing air ambulance
                                                                                          service in which the point of pick up of the individual oc-
                                                                                          curs in a rural area (as defined in section 1886(d)(2)(D)) or
                                                                                          in a rural census tract of a metropolitan statistical area
                                                                                          (as determined under the most recent modification of the
                                                                                          Goldsmith Modification, originally published in the Fed-
                                                                                          eral Register on February 27, 1992 (57 Fed. Reg. 6725)).
                                                                                             (D) LIMITATION.—
                                                                                                  (i) IN GENERAL.—Subparagraph (B)(i) shall not apply
                                                                                               if there is a financial or employment relationship be-
                                                                                               tween the person requesting the rural air ambulance
                                                                                               service and the entity furnishing the ambulance serv-




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                                                                                               ice, or an entity under common ownership with the en-




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                                                                                                tity furnishing the air ambulance service, or a finan-
                                                                                                cial relationship between an immediate family mem-
                                                                                                ber of such requester and such an entity.
                                                                                                   (ii) EXCEPTION.—Where a hospital and the entity
                                                                                                furnishing rural air ambulance services are under
                                                                                                common ownership, clause (i) shall not apply to remu-
                                                                                                neration (through employment or other relationship)
                                                                                                by the hospital of the requester or immediate family
                                                                                                member if the remuneration is for provider-based phy-
                                                                                                sician services furnished in a hospital (as described in
                                                                                                section 1887) which are reimbursed under part A and
                                                                                                the amount of the remuneration is unrelated directly
                                                                                                or indirectly to the provision of rural air ambulance
                                                                                                services.
                                                                                        (15) PAYMENT ADJUSTMENT FOR NON-EMERGENCY AMBULANCE
                                                                                      TRANSPORTS FOR ESRD BENEFICIARIES.—The fee schedule
                                                                                      amount otherwise applicable under the preceding provisions of
                                                                                      this subsection shall be reduced by 10 percent for ambulance
                                                                                      services furnished during the period beginning on October 1,
                                                                                      2013, and ending on September 30, 2018, and by 23 percent for
                                                                                      such services furnished on or after October 1, 2018, consisting
                                                                                      of non-emergency basic life support services involving trans-
                                                                                      port of an individual with end-stage renal disease for renal di-
                                                                                      alysis services (as described in section 1881(b)(14)(B)) fur-
                                                                                      nished other than on an emergency basis by a provider of serv-
                                                                                      ices or a renal dialysis facility.
                                                                                        (16) PRIOR AUTHORIZATION FOR REPETITIVE SCHEDULED NON-
                                                                                      EMERGENT AMBULANCE TRANSPORTS.—
                                                                                             (A) IN GENERAL.—Beginning January 1, 2017, if the ex-
                                                                                           pansion to all States of the model of prior authorization
                                                                                           described in paragraph (2) of section 515(a) of the Medi-
                                                                                           care Access and CHIP Reauthorization Act of 2015 meets
                                                                                           the requirements described in paragraphs (1) through (3)
                                                                                           of section 1115A(c), then the Secretary shall expand such
                                                                                           model to all States.
                                                                                             (B) FUNDING.—The Secretary shall use funds made
                                                                                           available under section 1893(h)(10) to carry out this para-
                                                                                           graph.
                                                                                             (C) CLARIFICATION REGARDING BUDGET NEUTRALITY.—
                                                                                           Nothing in this paragraph may be construed to limit or
                                                                                           modify the application of section 1115A(b)(3)(B) to models
                                                                                           described in such section, including with respect to the
                                                                                           model described in subparagraph (A) and expanded begin-
                                                                                           ning on January 1, 2017, under such subparagraph.
                                                                                        (17) SUBMISSION OF COST AND OTHER INFORMATION.—
                                                                                             (A) DEVELOPMENT OF DATA COLLECTION SYSTEM.—The
                                                                                           Secretary shall develop a data collection system (which
                                                                                           may include use of a cost survey) to collect cost, revenue,
                                                                                           utilization, and other information determined appropriate
                                                                                           by the Secretary with respect to providers of services (in
                                                                                           this paragraph referred to as ‘‘providers’’) and suppliers of
                                                                                           ground ambulance services. Such system shall be designed
                                                                                           to collect information—
                                                                                                   (i) needed to evaluate the extent to which reported




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                                                                                                costs relate to payment rates under this subsection;




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                                                                                                   (ii) on the utilization of capital equipment and am-
                                                                                                 bulance capacity, including information consistent
                                                                                                 with the type of information described in section
                                                                                                 1121(a); and
                                                                                                   (iii) on different types of ground ambulance services
                                                                                                 furnished in different geographic locations, including
                                                                                                 rural areas and low population density areas described
                                                                                                 in paragraph (12).
                                                                                               (B) SPECIFICATION OF DATA COLLECTION SYSTEM.—
                                                                                                   (i) IN GENERAL.—The Secretary shall—
                                                                                                         (I) not later than December 31, 2019, specify the
                                                                                                      data collection system under subparagraph (A);
                                                                                                      and
                                                                                                         (II) identify the providers and suppliers of
                                                                                                      ground ambulance services that would be required
                                                                                                      to submit information under such data collection
                                                                                                      system, including the representative sample de-
                                                                                                      scribed in clause (ii).
                                                                                                   (ii) DETERMINATION OF REPRESENTATIVE SAMPLE.—
                                                                                                         (I) IN GENERAL.—Not later than December 31,
                                                                                                      2019, with respect to the data collection for the
                                                                                                      first year under such system, and for each subse-
                                                                                                      quent year through 2024, the Secretary shall de-
                                                                                                      termine a representative sample to submit infor-
                                                                                                      mation under the data collection system.
                                                                                                         (II) REQUIREMENTS.—The sample under sub-
                                                                                                      clause (I) shall be representative of the different
                                                                                                      types of providers and suppliers of ground ambu-
                                                                                                      lance services (such as those providers and sup-
                                                                                                      pliers that are part of an emergency service or
                                                                                                      part of a government organization) and the geo-
                                                                                                      graphic locations in which ground ambulance
                                                                                                      services are furnished (such as urban, rural, and
                                                                                                      low population density areas).
                                                                                                         (III) LIMITATION.—The Secretary shall not in-
                                                                                                      clude an individual provider or supplier of ground
                                                                                                      ambulance services in the sample under subclause
                                                                                                      (I) in 2 consecutive years, to the extent prac-
                                                                                                      ticable.
                                                                                               (C) REPORTING OF COST INFORMATION.—For each year, a
                                                                                            provider or supplier of ground ambulance services identi-
                                                                                            fied by the Secretary under subparagraph (B)(i)(II) as
                                                                                            being required to submit information under the data col-
                                                                                            lection system with respect to a period for the year shall
                                                                                            submit to the Secretary information specified under the
                                                                                            system. Such information shall be submitted in a form and
                                                                                            manner, and at a time, specified by the Secretary for pur-
                                                                                            poses of this subparagraph.
                                                                                               (D) PAYMENT REDUCTION FOR FAILURE TO REPORT.—
                                                                                                   (i) IN GENERAL.—Beginning January 1, 2022, subject
                                                                                                 to clause (ii), a 10 percent reduction to payments
                                                                                                 under this subsection shall be made for the applicable
                                                                                                 period (as defined in clause (ii)) to a provider or sup-




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                                                                                                 plier of ground ambulance services that—




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                                                                                                                              123

                                                                                                         (I) is required to submit information under the
                                                                                                      data collection system with respect to a period
                                                                                                      under subparagraph (C); and
                                                                                                         (II) does not sufficiently submit such informa-
                                                                                                      tion, as determined by the Secretary.
                                                                                                   (ii) APPLICABLE PERIOD DEFINED.—For purposes of
                                                                                                clause (i), the term ‘‘applicable period’’ means, with re-
                                                                                                spect to a provider or supplier of ground ambulance
                                                                                                services, a year specified by the Secretary not more
                                                                                                than 2 years after the end of the period with respect
                                                                                                to which the Secretary has made a determination
                                                                                                under clause (i)(II) that the provider or supplier of
                                                                                                ground ambulance services failed to sufficiently sub-
                                                                                                mit information under the data collection system.
                                                                                                   (iii) HARDSHIP EXEMPTION.—The Secretary may ex-
                                                                                                empt a provider or supplier from the payment reduc-
                                                                                                tion under clause (i) with respect to an applicable pe-
                                                                                                riod in the event of significant hardship, such as a
                                                                                                natural disaster, bankruptcy, or other similar situa-
                                                                                                tion that the Secretary determines interfered with the
                                                                                                ability of the provider or supplier of ground ambulance
                                                                                                services to submit such information in a timely man-
                                                                                                ner for the specified period.
                                                                                                   (iv) INFORMAL REVIEW.—The Secretary shall estab-
                                                                                                lish a process under which a provider or supplier of
                                                                                                ground ambulance services may seek an informal re-
                                                                                                view of a determination that the provider or supplier
                                                                                                is subject to the payment reduction under clause (i).
                                                                                              (E) ONGOING DATA COLLECTION.—
                                                                                                   (i) REVISION OF DATA COLLECTION SYSTEM.—The Sec-
                                                                                                retary may, as the Secretary determines appropriate
                                                                                                and, if available, taking into consideration the report
                                                                                                (or reports) under subparagraph (F), revise the data
                                                                                                collection system under subparagraph (A).
                                                                                                   (ii) SUBSEQUENT DATA COLLECTION.—In order to con-
                                                                                                tinue to evaluate the extent to which reported costs re-
                                                                                                late to payment rates under this subsection and for
                                                                                                other purposes the Secretary deems appropriate, the
                                                                                                Secretary shall require providers and suppliers of
                                                                                                ground ambulance services to submit information for
                                                                                                years after 2024 as the Secretary determines appro-
                                                                                                priate, but in no case less often than once every 3
                                                                                                years.
                                                                                              (F) GROUND AMBULANCE DATA COLLECTION SYSTEM
                                                                                            STUDY.—
                                                                                                   (i) IN GENERAL.—Not later than the second June
                                                                                                15th following the date on which the Secretary trans-
                                                                                                mits data for the first representative sample of pro-
                                                                                                viders and suppliers of ground ambulance services to
                                                                                                the Medicare Payment Advisory Commission, and as
                                                                                                determined necessary by such Commission thereafter,,
                                                                                                such Commission shall assess, and submit to Congress
                                                                                                a report on, information submitted by providers and
                                                                                                suppliers of ground ambulance services through the




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                                                                                                data collection system under subparagraph (A), the




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