Page:United States Statutes at Large Volume 104 Part 2.djvu/739

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-331 a charge imposed by any health care provider, for inpatient hospital services which are covered for purposes of benefit payments under this chapter and part A of title XVIII of the Social Security Act, to the extent that such charge exceeds applicable limitations on hospital charges established for Medicare purposes under section 1886 of the Social Security Act (42 U.S.C. 1895ww). Hospital providers who have in force participation agreements with the Secretary of Health and Human Services consistent with sections 1814(a) and 1866 of the Social Security Act (42 U.S.C. 1395f(a) and 1895cc), whereby the participating provider accepts Medicare benefits as full payment for covered items and services after applicable patient copayments under section 1813 of such Act (42 U.S.C. 1395e) have been satisfied, shall accept equivalent benefit payments and enrollee copayments under this chapter as full payment for services described in the preceding sentence. The Office of Personnel Management shall notify the Secretary of Health and Human Services if a hospital is found to knowingly and willfully violate this subsection on a repeated basis and the Secretary may invoke appropriate sanctions in accordance with section 1866(b)(2) of the Social Security Act (42 U.S.C. 1395cc(b)(2)) and applicable regulations. "(2) Notwithstanding any other provision of law, the Secretary of Health and Human Services and the Director of the Office of Personnel Management, and their Eigents, shall exchange any information necessary to implement this subsection. "(3)(A) Not later than December 1, 1991, and periodically thereafter, the Secretary of Health and Human Services (in consultation with the Director of the Office of Personnel Management) shall supply to carriers of plans described in paragraphs (1) through (3) of section 8903 the Medicare program information necessary for them to comply with paragraph (1). "(B) For purposes of this paragraph, the term 'Medicare program information' includes the limitations on hospital charges established for Medicare purposes under section 1886 of the Social Security Act (42 U.S.C. 1395ww) and the identity of hospitals which have in force agreements with the Secretary of Health and Human Services consistent with section 1814(a) and 1866 of the Social Security Act (42 U.S.C. 1395f(a) and 1395cc). ". (2) The amendments made by this subsection shall apply with 5 USC 8904 note, respect to contract years beginning on or after January 1, 1992. (g) EFFECTIVE DATE.—Except as provided in subsection (f), the 5 USC 8902 note, amendments made by this section shall apply with respect to contract years beginning on or after January 1, 1991. Subtitle B—Postal Service SEC. 7101. FUNDING OF COLAS FOR POSTAL SERVICE ANNUITANTS AND SURVIVOR ANNUITANTS. (a) EXPANDED SCOPE OF COVERAGE; CHANGE IN PRORATION RULE. — Section 8348(m)(l) of title 5, United States Code, is amended by striking "October 1, 1986," each place it appears and inserting " July 1, 1971,". (b) REPEAL OF PROVISION RELATING TO CERTAIN EARUER COLAS.— Section 4002(b) of the Omnibus Budget Reconciliation Act of 1989 (Public Law 101-239; 103 Stat. 2134) is repealed. 5 USC 8348 note. (c) PROVISION RELATING TO PRE-1991 COLAs.— (1) For the purpose 5 USC 8348 note, of this subsection—