Page:United States Statutes at Large Volume 104 Part 2.djvu/520

This page needs to be proofread.

104 STAT. 1388-112 PUBLIC LAW 101-508—NOV. 5, 1990 ployer or former employer (or the employer or former employer of the individual's spouse) on or after January 1, 1991. 42 USC 1395mm (f) STUDY OF CHIROPRACTIC SERVICES.— ^°^- (1) The Secretary shall conduct a study of the extent to which health maintenance organizations with contracts under section 1876 of the Social Security Act make available to enrollees entitled to benefits under title XVIII of such Act chiropractic services that are covered under such title. (2) The study shall examine the arrangements under which such services are made available and the types of practitioners furnishing such services to such enrollees. (3) The study shall be based on contracts entered into or renewed on or after January 1, 1991, and before January 1, 1993. (4) The Secretary shall issue a final 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 results of the study not later than January 1, 1993. The report shall include recommendations with respect to any legislative and regulatory changes that the Secretary determines are necessary to ensure access to such services. (g) PROHIBITING CERTAIN EMPLOYER MARKETING ACTIVITIES.— (1) IN GENERAL.— Section 1862(b)(3) (42 U.S.C. 1395y(b)(3)) is amended by adding at the end the following new subparagraph: "(C) PROHIBITION OF FINANCIAL INCENTIVES NOT TO ENROLL IN A GROUP HEALTH PLAN.— It is unlawful for an employer or other entity to offer any financial or other incentive for an individual entitled to benefits under this title not to enroll (or to terminate enrollment) under a group health plan which would (in the case of such enrollment) be a primary plan (as defined in paragraph (2)(A)), unless such incentive is also offered to all individuals who are eligible for coverage under the plan. Any entity that violates the previous sentence is subject to a civil money penalty of not to exceed $5,000 for each such violation. The provisions of section 1128A (other than the first sentence of subsection (a) and other than subsection (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).". 42 USC 1395y (2) EFFECTIVE DATE. — The amendment made by paragraph (1) "°*®" shall apply to incentives offered on or after the date of the enactment of this Act. SEC. 4205. PEER REVIEW ORGANIZATIONS. (a) USE OF CORRECTIVE ACTION PLANS.— (1) IN GENERAL. — Section 1156(b)(1) (42 U.S.C. 1320c-5(b)(l)) is amended— (A) by inserting "and, if appropriate, after the practitioner or person has been given a reasonable opportunity to enter into and complete a corrective action plan (which may include remedial education) agreed to by the organization, and has failed successfully to complete such plan," after "concerned,"; and (B) by inserting after the second sentence the following: "In determining whehter^i a practitioner or person has demonstrated an unwillingness or lack of ability substan-

  • • So in originid. Probably should be "whether".