Page:United States Statutes at Large Volume 104 Part 2.djvu/469

This page needs to be proofread.


PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-61 Register the performance standard rates of increase specified in section 1848(f)(2)(C) of the Social Security Act for fiscal year 1991. SEC. 4106. NEW PHYSICIANS AND OTHER NEW HEALTH CARE PRACTI- TIONERS. (a) EXTENSION OF CUSTOMARY CHARGE LIMIT AND INCLUSION OF HEALTH CARE PRACTITIONERS. — (1) IN GENERAL. — Subparagraph (F) of section 1842(b)(4) (42 U.S.C. 1395u(b)(4)) is amended to read as follows: "(F)(i) In the case of physicians' services and professional services of a health care practitioner (other than primary care services and other than services furnished in a rural area (as defined in section 1886(d)(2)(D)) that is designated, under section 332(a)(1)(A) of the Public Health Service Act, as a health manpower shortage area) furnished during the physician's or practitioner's first through fourth years of practice (if payment for those services is made separately under this part and on other than a cost-related basis), the prevailing charge or fee schedule amount to be applied under this part shall be 80 percent for the first year of practice, 85 percent for the second year of practice, 90 percent for the third year of practice, and 95 percent for the fourth year of practice, of the prevailing charge or fee schedule amount for that service under the other provisions of this part. "(ii) For purposes of clause (i): "(I) The term 'health care practitioner' means a physician assistant, certified nurse-midwife, qualified psychologist, nurse practitioner, clinical social worker, physical therapist, occupational therapist, respiratory therapist, certified registered nurse anesthetist, or any other practitioner as may be specified by the Secretary. "(II) The term 'first year of practice' means, with respect to a physician or practitioner, the first calendar year during the first 6 months of which the physician or practitioner furnishes professional services for which payment is made under this part, and includes any period before such year. "(Ill) The terms 'second year of practice', 'third year of practice', and 'fourth year of practice' mean the second, third, and fourth calendar years, respectively, following the first year of practice.". (2) CONFORMING AMENDMENTS. —Section 6108(a)(2)(A) of the Omnibus Budget Reconciliation Act of 1989 is amended— 42 USC 1395u (A) by inserting "or 1991" after "1990", and note. (B) by inserting "or 1990" after "1989". (b) APPLICATION UNDER FEE SCHEDULE. — (1) IN GENERAL.— Section 1848(a) (42 U.S.C. 1395w-4(a)) is amended by adding at the end the following new paragraph: "(4) TREATMENT OF NEW PHYSICIANS. —In the case of physicians' services furnished by a physician before the end of the physician's first full calendar year of furnishing services for which payment may be made under this part, and during each of the 3 succeeding years, the fee schedule amount to be applied shall be 80 percent, 85 percent, 90 percent, and 95 percent, respectively, of the fee schedule amount applicable to physicians who are not subject to this paragraph. The preceding sentence shall not apply to primary care services or services furnished in a rural area (as defined in section 1886(d)(2)) that is