PUBLIC LAW 103-432—OCT. 31, 1994 108 STAT. 4419 (2) CONFORMING AMENDMENT. —Effective 60 days after the date of enactment of the Social Security Act Amendments of 1994, paragraph (16) of section 1834(a) (42 U.S.C. 1395m(a)) is repealed. (b) USE OF COVERED ITEMS BY DISABLED BENEFICIARIES.— (1) IN GENERAL.— The Secretary of Health and Human Services, in consultation with representatives of suppliers of durable medical equipment under part B of the medicare program and individuals entitled to benefits under such program on the basis of disability, shall conduct a study of the effects of the methodology for determining payments for items of such equipment under such part on the ability of such individuals to obtain items of such equipment, including customized items. (2) REPORT.— Not later than one year after the date of the enactment of this Act, the Secretary shall submit a report to Congress on the study conducted under paragraph (1), and shall include in the report such recommendations as the Secretary considers appropriate to assure that disabled medicare beneficiaries have access to items of durable medical equipment. (c) CRITERIA FOR TREATMENT OF ITEMS AS PROSTHETIC DEVICES OR ORTHOTICS AND PROSTHETICS.— Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a 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 describing prosthetic devices or orthotics and prosthetics covered under part B of the medicare program that do not require individualized or custom fitting and adjustment to be used by a patient. Such report shall include recommendations for an appropriate methodology for determining the amount of payment for such items under such program. SEC. 132. RESTRICTIONS ON CERTAIN MARKETING AND SALES ACTIVITIES. (a) PROHIBITING UNSOLICITED TELEPHONE CONTACTS FROM SUPPLIERS OF DURABLE MEDICAL EQUIPMENT TO MEDICARE BENE- FICIARIES.— (1) IN GENERAL. —Section 1834(a) (42 U.S.C. 1395m(a)) is amended by adding at the end the following new paragraph: "(17) PROHIBITION AGAINST UNSOLICITED TELEPHONE CON- TACTS BY SUPPLIERS.— "(A) IN GENERAL.— ^A supplier of a covered item under this subsection may not contact an individual enrolled under this part by telephone regarding the furnishing of a covered item to the individual unless 1 of the following applies: "(i) The individual has given written permission to the supplier to make contact by telephone regarding the furnishing of a covered item. "(ii) The supplier has furnished a covered item to the individual and the supplier is contacting the individual only regarding the furnishing of such covered item. "(iii) If the contact is regarding the furnishing of a covered item other than a covered item already furnished to the individual, the supplier has furnished at least 1 covered item to the individual during the 42 USC 1395m note. 42 USC 1395m note. Reports. 79-194 O—95 —30:QL 3 Part 5
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