Page:United States Statutes at Large Volume 104 Part 2.djvu/618

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104 STAT. 1388-210 PUBLIC LAW 101-508 —NOV. 5, 1990 42 USC 1396a note. 42 USC 1396a. is not taken in accordance with the approved plan and timetable. ". (b) STATE UTIUZATION REVIEW SYSTEMS. — Section 9432 of the Omnibus Budget Reconciliation Act of 1986 is amended— (1) in subsection (a)— (A) by inserting "(D" after "IN GENERAL. —", (B) by striking ", during the period" and all that follows through "Congress,", and (C) by adding at the end the following new paragraph: "(2) The Secretary may not, during the period beginning on the date of the enactment of the Omnibus Budget Reconciliation Act of 1990 and ending on the date that is 180 days after the date on which the report required by subsection (d) is submitted to the Congress, publish final or interim final regulations requiring a State plan approved under title XIX of the Social Security Act to include a program for ambulatory surgery, preadmission testing, or same-day surgery."; (2) in subsection (b)(4), by inserting "and subsection (d)" after "In this subsection"; and (3) by adding at the end the following new subsection: "(d) REPORT.—The Secretary shall report to Congress, by not later than January 1, 1993, for each State in a representative sample of States— "(1) an analysis of the procedures for which programs for ambulatory surgery, preadmission testing, and same-day surgery are appropriate for patients who are covered under the State medicaid plan, and "(2) the effects of such programs on access of such patients to necessary care, quality of care, and costs of care. In selecting such a sample of States, the Secretary shall include some States with medicaid plans that include such programs.". (c) ADDITIONAL MISCELLANEOUS PROVISIONS. — (1) Effective July 1, 1990— (A) section 1902(a)(10)(C)(iv) of the Social Security Act is amended by striking "through (20)" and inserting "through (21)", and (B) section 1902(j) of such Act is amended by striking "through (21)" and inserting "through (22)". (2) Effective as if included in subtitle D of title VI of the Omnibus Budget Reconciliation Act of 1989, section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended by adding at the end the following: "This paragraph does not authorize the withholding of information from either House of Congress or from, to the extent of matter within its jurisdiction, any committee or subcommittee of such committee or any joint committee of Congress or any subcommittee of such joint committee.". (3) Section 505(b) (42 U.S.C. 7050?)) is amended in the matter preceding pargigraph (1) by striking "requirement" and inserting "requirements".