103 STAT. 2224 PUBLIC LAW 101-239—DEC. 19, 1989 42 USC 1395W-1 note. 42 USC 1395m note. SEC 6138. PHTSPRC STUDY OF PAYMENTS FOR ASSISTANTS AT SURGERY. (a) STUDIO CJONTENTS. —The Physician Pajonent Review Comi&ifh sion shall conduct a study of the payments made under title XVDI of the Social Security Act for assistants at sui^ery. Such study shall examine— (1) the necessity and appropriateness of using an assistant at suigeipr; (2) the use of physician and non-physician assistants at sur- (3) the appropriateness of providing for payments, and the appropriate level of payment, under title X\^ of the Social Security Act for assistants at surgeiy; and (4) the effect of the amendments made l^ section 9338 of the Omnibus Budget Reconciliation Act of 1986 on the employment of roistered nurses as assistants at sundry, and whether or not the reductions described in subsection (d) of such section have been implemented. (b) REPOBT.— By not later than April 1, 1991, the Commission shall submit a report to Congress on the study conducted under subsec- tion (a), and shall include in the report such recommendations as it deems appropriate. SECL 6139. GAO STUDY OF STANDARDS FOR USE OF AND PAYMENT FOR ITEMS OF DURABLE MEDICAL EQUIPMENT. (a) STUDY.—The Comptroller General shall conduct a study of the appropriate uses of items of durable medical equipment and of the appropriate criteria for making determinations of medical necessity under title XVIII of the Social Security Act for such items, with particular emphasis on items (includii^ seat-lift chairs) that may be subject to abusive billing practices. Such study shall include an analysis of— (1) the appropriate use of forms in making medical necessity determinations for items of durable medic^ equipment under such title; and (2) procedures for identifying items of durable medical equip- ment that should no longer be covered under such title. (b) UsB OF PANEL IN CONDUCTING STUDY.— The Comptroller Cren- eral shall conduct such study with a panel convened by the Comptroller General consisting of— (1) sp«nalists in the disciplines of orthopedic medicine, re- habilitation, arthritis, and geriatric medicine; (2) representatives of consumer organizations; and (3) representative of carriers under the medicare program. (c) REPOBT. —Not later than April 1, 1991, the Comptroller General shall submit a report to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate on the study conducted under subsection (a), and shall include in such report such recommenda- tions as the Comptroller General deems appropriate. SEC 6140. NARROWING OF RANGE OF AMOUNTS RECOGNIZED FOR ITEMS OF DURABLE MEDICAL EQUIPMENT. Paragraphs (8) and (9) of section 1834(a) of the Social Security Act (42 U.S.C. 1395m(a)) are each amended in subparagraph (D)— (1) in clause (i), by striking "1991" and all that follows through "80 percent" and inserting "1991, may not exceed 125 percent, and may not be lower than 85 percent'; and
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