PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2213
(A) Section 1851(i) (42 U.S.C. 1395w–21(i)) is amended— (i) in paragraph (1), by inserting ‘‘1853(a)(4),’’ after ‘‘Subject to sections 1852(a)(5),’’; and (ii) in paragraph (2), by inserting ‘‘1853(a)(4),’’ after ‘‘Subject to sections’’. (B) Section 1853(c)(5) is amended by striking ‘‘subsections (a)(3)(C)(iii) and (i)’’ and inserting ‘‘subsections (a)(3)(C)(iii), (a)(4), and (i)’’. (c) ADDITIONAL CONTRACT REQUIREMENTS.—Section 1857(e) (42 U.S.C. 1395w–27(e)) is amended by adding at the end the following new paragraph: ‘‘(3) AGREEMENTS WITH FEDERALLY QUALIFIED HEALTH CENTERS.— ‘‘(A) PAYMENT LEVELS AND AMOUNTS.—A contract under this section with an MA organization shall require the organization to provide, in any written agreement described in section 1853(a)(4) between the organization and a federally qualified health center, for a level and amount of payment to the federally qualified health center for services provided by such health center that is not less than the level and amount of payment that the plan would make for such services if the services had been furnished by a entity providing similar services that was not a federally qualified health center. ‘‘(B) COST-SHARING.—Under the written agreement referred to in subparagraph (A), a federally qualified health center must accept the payment amount referred to in such subparagraph plus the Federal payment provided for in section 1833(a)(3)(B) as payment in full for services covered by the agreement, except that such a health center may collect any amount of cost-sharing permitted under the contract under this section, so long as the amounts of any deductible, coinsurance, or copayment comply with the requirements under section 1854(e).’’. (d) SAFE HARBOR.—Section 1128B(b)(3) (42 U.S.C. 1320a– 7b(b)(3)), as amended by section 101(f)(2), is amended— (1) in subparagraph (F), by striking ‘‘and’’ after the semicolon at the end; (2) in subparagraph (G), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following new subparagraph: ‘‘(H) any remuneration between a federally qualified health center (or an entity controlled by such a health center) and an MA organization pursuant to a written agreement described in section 1853(a)(4).’’. (e) EFFECTIVE DATE.—The amendments made by this section shall apply to services provided on or after January 1, 2006, and contract years beginning on or after such date. SEC. 238. INSTITUTE OF MEDICINE EVALUATION AND REPORT ON HEALTH CARE PERFORMANCE MEASURES.
(a) EVALUATION.— (1) IN GENERAL.—Not later than the date that is 2 months after the date of the enactment of this Act, the Secretary shall enter into an arrangement under which the Institute of Medicine of the National Academy of Sciences (in this section
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42 USC 1395w–23.
42 USC 1320a–7b note.
42 USC 1395ll note. Deadline. Contracts.
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