PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 449 "(8) SPECIAL RULES FOR CERTAIN HOSPITALS. —In the case of hospitals described in section 1886(d)(l)(B)(v)— "(A) the system under this subsection shall not apply to covered OPD services furnished before January 1, 2000; and "(B) the Secretary may establish a separate conversion factor for such services in a manner that specifically takes into account the unique costs incurred by such hospitals by virtue of their patient population and service intensity. "(9) LIMITATION ON REVIEW. —T here shall be no administrative or judicial review under section 1869, 1878, or otherwise of— "(A) the development of the classification system under paragraph (2), including the establishment of groups and relative payment weights for covered OPD services, of wage adjustment factors, other adjustments, and methods described in paragraph (2)(F); "(B) the calculation of base amounts under paragraph (3); "(C) periodic adjustments made under paragraph (6); and "(D) the establishment of a separate conversion factor under paragraph (8)(B).". (b) COINSURANCE.— Section 1866(a)(2)(A)(ii) (42 U.S.C. 1395cc(a)(2)(A)(ii)) is amended by adding at the end the following: "In the case of items and services for which payment is made under part B under the prospective payment system established under section 1833(t), clause (ii) of the first sentence shall be applied by substituting for 20 percent of the reasonable charge, the applicable copa5ment amount established under section 1833(t)(5). ". (c) TREATMENT OF REDUCTION IN COPAYMENT AMOUNT.—Section 1128A(i)(6) (42 U.S.C. 1320a-7a(i)(6)) is amended— (1) by striking "or" at the end of subparagraph (B), (2) by striking the period at the end of subparagraph (C) and inserting "; or", and (3) by adding at the end the following new subparagraph: "(D) a reduction in the copayment amount for covered OPD services under section 1833(t)(5)(B).". (d) CONFORMING AMENDMENTS. — (1) APPROVED ASC PROCEDURES PERFORMED IN HOSPITAL OUTPATIENT DEPARTMENTS.— (A)(i) Section 1833(i)(3)(A) (42 U.S.C. 13951(i)(3)(A)) is amended— (I) by inserting "before January 1, 1999," after "furnished", and (II) by striking "in a cost reporting period". (ii) The amendment made by clause (i) shall apply Applicability. to services furnished on or after January 1, 1999. 42 USC 1395/ (B) Section 1833(a)(4) (42 U.S.C. 13951(a)(4)) is amend- "*^- ed by inserting "or subsection (t)" before the semicolon. (2) RADIOLOGY AND OTHER DIAGNOSTIC PROCEDURES.— (A) Section 1833(n)(l)(A) (42 U.S.C. 13951(n)(l)(A)) is amended by inserting "and before January 1, 1999," after "October 1, 1988," and after "October 1, 1989,".
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