101 STAT. 1330-112
42 USC 1395x note.
PUBLIC LAW 100-203—DEC. 22, 1987
tory not independent of a physician's office that has a volume of clinical diagnostic laboratory tests exceeding 5,000 per year" after "physician's office,". (2) The amendment made by paragraph (1) shall apply to diagnostic tests performed on or after January 1, 1990. SEC. 4065. RETURN ON EQUITY PAYMENTS TO OUTPATIENT DEPARTMENTS.
42 USC 1395x note.
(a) IN GENERAL.—Section 1861(v)(l) of the Social Security Act (42 U.S.C. 1395x(v)(l)) is amended by adding at the end thereof the following new subparagraph: "(S) Such regulations shall not include provision for specific recognition of any return on equity capital with respect to hospital outpatient departments.". O> CONFORMING AMENDMENT.—Section 18810t)X2)(C) of such Act t) (42 U.S.C. 1395rra)X2XC)) is amended by striking "facilities" and inserting "facilities (other than hospital outpatient departments)". (c) EFFECTIVE DATE.—The amendments made by this section shall become effective on January 1, 1988. SEC. 4066. PAYMENTS TO HOSPITAL OUTPATIENT DEPARTMENTS FOR RADIOLOGY.
(a) AMOUNTS PAYABLE.—Section 1833 of the Social Security Act (42 U.S.C. 13951) is amended— (1) in subsection (a)(2)— ili ' '^.-..,•,:,'> '^,^.:. (A) by striking "and" in subparagraph (C), (B) by adding "and" at the end of subparagraph (D), and ii) ii(C) by adding at the end thereof the following new subparagraph: "(E) with respect to— "(i) outpatient hospital radiology services (including •jn-jL diagnostic and therapeutic radiology, nuclear medicine and CAT scan procedures, magnetic resonance imaging, and ultrasound and other imaging services), and
- (ii) effective for procedures performed on or after
October 1, 1989, diagnostic procedures (as defined by the Secretary) described in section 1861(s)(3) (other than diagnostic x-ray tests and diagnostic laboratory ,,,j tests), the amount determined under subsection (n);"; and (2) by adding at the end, as previously amended, the following new subsection: "(n)(l)(A) The aggregate amount of the payments to be made for all or part of a cost reporting period beginning on or after October 1, 1988 under this part for services described in subsection (a)(2)(E) 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 for radiology services and diagnostic procedures determined in accordance with subparagraph (B). "(B)(i) The blend amount for radiology services and diagnostic procedures 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 (iiXID) 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