Page:United States Statutes at Large Volume 108 Part 5.djvu/932

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108 STAT. 4422 PUBLIC LAW 103-432—OCT. 31, 1994 for such items or services. The provisions of section 1834(a)(18) shall apply to refunds required under the previous sentence in the same manner as such provisions apply to refunds under such section.". 42 USC I320a-7b (c) EFFECTIVE DATE.— The amendments made by this section "°*^® shall apply to items or services furnished on or after January 1, 1995. SEC. 134. ADJUSTMENTS FOR INHERENT REASONABLENESS. (a) ADJUSTMENTS MADE TO FINAL PAYMENT AMOUNTS.— (1) IN GENERAL.— Section 1834(a)(10XB) (42 U.S.C. 1395m(a)(10XB)) is amended by adding at the end the following:

    • In applying such provisions to payments for an item under

this siibsection, the Secretary shall make a<^ustments to the payment bsisis for the item described in paragraph (I)(B) if the Secretary determines (in accordance with such provisions and on the basis of prices and costs appHcable at the time the item is furnished) that such payment basis is not inherentiy reasonable.". 42 USC 1395m (2) EFFECTIVE DATE.— The amendment made by paragraph " °*® (1) shall take effect on the date of the enactment of this Act 42 USC 1395m (b) ADJUSTMENT REQUIRED FOR CERTAIN ITEMS. — "°^® (1) IN GENERAL. —In accordance with section 1834(a)(10XB) of the Social Security Act (as amended by subsection (a)), the Secretary of Health and Human Services shall determine whether the payment amounts for the items described in paragraph (2) are not inherentiy reasonable, and shall adjust such amounts in accordance wim such section if the amounts are not inherentiy reasonable. (2) ITEMS DESCRIBED.— The items referred to in paragraph (1) are decubitus care equipment, transcutaneous electrical nerve stimulators, and any other items considered appropriate by the Secretary. SEC. 136. MISCELLANEOUS AND TECHNICAL CORRECTIONS. (a) UPDATES TO PAYMENT AMOUNTS.—(1) Subparagraph (A) of section 1834(a)(14) (42 U.S.C. 1395m(a)(14)) is amended to read as follows: "(A) for 1991 and 1992, the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June of the previous year reduced by 1 percentage point* and". Effective date. (2) The amendment made by paragraph (1) shall oe effective ^^ ti^ ^^^^"^ °^ *^® ^^*® °^ *^® enactment of this Act Effective date (^) ADVANCE DETERMINATIONS OF COVERAGE.— (1) Effective On the date of the enactment of this Act section 1834(a)(15) (42 U.S.C. 1395m(a)(15)) is amended to read as follows: "(15) ADVANCE DETERMINATIONS OF COVERAGE FOR CERTAIN ITEMS.—

    • (A) DEVELOPMENT OF USTS OF ITEMS BY SECRETARY. —

The Secretary may develop and periodically update a Ust of items for which payment may oe made under this subsection that the Secretary determines, on the beisis of prior payment experience, are frequentiy subject to unnecessary utilization throughout a carrier's entire service area or a portion of such area. "(B) DEVELOPMENT OF LISTS OF SUPPUERS BY SEC- RETARY. —The Secretary may develop and periodically