Page:United States Statutes at Large Volume 107 Part 1.djvu/623

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PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 597 "(iiXD in a building in which the referring physician (or another physician who is a member of the same group practice) furnishes physicians' services imrelated to the furnishing of designated health services, or "(11) in the case of a referring physician who is a member of a group practice, in another building which is used by the group practice— "(aa) for the provision of some or all of the group's clinical laboratory services, or "(bb) for the centralized provision of the group's designated health services (other than clinical laboratory services), unless the Secretary determines other terms and conditions under which the provision of such services does not present a risk of program or patient abuse, and "(B) that are billed by the physician performing or supervising the services, by a group practice of which such physician is a member under a billing number assigned to the group practice, or by an entity that is wholly owned by such physician or such group practice, if the ownership or investment interest in such services meets such other requirements as the Secretary may impose by regulation as needed to protect against program or patient abuse. "(3) PREPAID PLANS. —In the case of services furnished by an organization— "(A) with a contract under section 1876 to an individual enrolled with the organization, "(B) described in section 1833(a)(l)(A) to an individual enrolled with the organization, "(C) receiving payments on a prepaid basis, under a demonstration project under section 402(a) of the Social Security Amendments of 1967 or under section 222(a) of the Social Security Amendments of 1972, to an individual enrolled with the organization, or "(D) that is a qualified health maintenance organization (within the meaning of section 1310(d) of the Public Health Service Act) to an individual enrolled with the organization. "(4) OTHER PERMISSIBLE EXCEPTIONS. — In the case of any other financial relationship which the Secretary determines, and specifies in regulations, does not pose a risk of program or patient abuse. "(c) GENERAL EXCEPTION RELATED ONLY TO OWNERSHIP OR INVESTMENT PROHIBITION FOR OWNERSHIP IN PUBLICLY TRADED SECURITIES AND MUTUAL FUNDS. — Ownership of the following shall not be considered to be an ownership or investment interest described in subsection (a)(2)(A): "(1) Ownership of investment securities (including shares or bonds, debentures, notes, or other debt instruments) which may be purchased on terms generally available to the public and whi(ui are— "(A)(i) securities listed on the New York Stock Exchange, the American Stock Exchange, or any regional exchange in which quotations are published on a daily basis, or foreign securities listed on a recognized foreign,