Page:United States Statutes at Large Volume 108 Part 5.djvu/946

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108 STAT. 4436 PUBLIC LAW 103-432—OCT. 31, 1994 42 USC 1395y. 42 USC 1395y note. 26 USC 6103 note. 42 USC 1395y note. 42 USC 1395y. 42 USC 1395y note. 4203(c)(1)(B) of OBRA-1990 is amended by striking "clauses (i) and (ii)" and inserting "this subparagraph". (5) Effective as if included in the enactment of OBRA- 1989, section 1862(b)(1)(C) is amended in the matter after clause (ii), by striking "taking into account that" and inserting "paying benefits secondary to this title when". (6) Effective as if included in the enactment of OBRA- 1989, section 1862(b)(5)(C)(i) (42 U.S.C. 1395y(b)(5)(C)(i)) is amended by striking "6103(l)(12)(D)(iii)" and inserting "6103(l)(12)(E)(iii)". (7) Effective as if included in the enactment of OBRA- 1990, section 4203(c)(2) of such Act is amended— (A) by striking "the application of clause (iii)" and inserting "the second sentence"; (B) by striking "on individuals" and all that follows through "section 226A of such Act"; (C) in clause (ii), by striking "clause" and inserting "sentence"; (D) in clause (v), by adding "and" at the end; and (E) in clause (wi)— (i) by inserting "of such Act" after "1862(b)(1)(C)", and (ii) by striking the period at the end and inserting the following: ", without regard to the number of employees covered by such plans.". (8) Effective as if included in the enactment of OBRA- 1990, section 4203(d) of OBRA-1990 is amended by striking "this subsection" and inserting "this section". (9) Effective as if included in the enactment of OBRA- 1993, section 13561(e)(1)(D) of OBRA-1993 is amended— (A) by inserting "effective as if included in the enactment of OBRA-1989," after "(D)", and (B) by striking "of each subparagraph". (10) The amendment made by section 13561(e)(1)(G) of OBRA-1993, to the extent it relates to the definition of large group health plan, shall be effective as if included in the enactment of OBRA-1989. SEC. 152. PHYSICIAN OWNERSfflP AND REFERRAL. (a) IN GENERAL. — Section 1877(f) (42 U.S.C. 1395nn) is amended— (1) in the matter before paragraph (1), by inserting ", investment, and compensation" after "ownership"; (2) in paragraph (2), by inserting ", or with a compensation arrangement (as described in subsection (a)(2)(B))," after "investment interest (as described in subsection (a)(2)(A))"; (3) in paragraph (2), by inserting "interest or who have such a compensation relationship with the entity" before the period at the end; (4) in the fourth sentence, by striking "covered items and" and inserting "designated health"; and (5) by striking the third and fifth sentences. (b) RADIOLOGY SERVICES.— Section 1877(h)(6) (42 U.S.C. 1395nn(h)(6)), as amended by section 13562(a)(2) of OBRA-1993, is amended— (1) in subparagraph (D), by striking "or other diagnostic services" and inserting "services, including magnetic resonance