PUBLIC LAW 106-554—APPENDIX F 114 STAT. 2763A-503 "(iii) ADJUSTMENT FOR SERVICE MIX CHANGES.— Insofar 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 Hkely to) result in a change in aggregate payments under this subsection during the year that are a result of changes in the coding or classification 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.". (2) EFFECTIVE DATE.— The amendments made by paragraph (1) shall take effect as if included in the enactment of BBA. (c) SPECIAL RULE FOR PAYMENT FOR 2001. — Notwithstanding the amendment made by subsection (a), for purposes of making payments under section 1833(t) of the Social Security Act (42 U.S.C. 13951(t)) for covered OPD services furnished during 2001, the medicare OPD fee schedule amount under such section— (1) for services furnished on or after January 1, 2001, and before April 1, 2001, shall be the medicare OPD fee schedule amount for 2001 as determined under the provisions of law in effect on the day before the date of the enactment of this Act; and (2) for services furnished on or after April 1, 2001, and before January 1, 2002, shall be the fee schedule amount (as determined taking into account the amendment made by subsection (a)), increased by a transitional percentage allowance equal to 0.32 percent (to account for the timing of implementation of the full market basket update). SEC. 402. CLARIFYING PROCESS AND STANDARDS FOR DETERMINING ELIGIBILITY OF DEVICES FOR PASS-THROUGH PAY- MENTS UNDER HOSPITAL OUTPATIENT PPS. (a) IN GENERAL. —Section 1833(t)(6) (42 U.S.C. 13951(t)(6)) is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by striking subparagraph (B) and inserting the following new subparagraphs: "(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 requirements 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 requirements as of such date shall be determined
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