Page:United States Statutes at Large Volume 111 Part 1.djvu/497

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PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 473 furnished post-institutional home health services, and (ii) which occurs in a month for which the individual is entitled to benefits under part A, and "(B) ending with the close of the first period of 60 consecutive days thereafter on each of which the individual is neither an inpatient of a hospital or rural primary care hospital nor an inpatient of a facility described in section 1819(a)(1) or subsection (y)(l) nor provided home health services.". (c) MAINTAINING APPEAL RIGHTS FOR HOME HEALTH SERV- ICES. —Section 1869(b)(2)(B) (42 U.S.C. 1395fR:b)(2)(B)) is amended by inserting "(or $100 in the case of home health services)" after "$500". (d) MAINTAINING SEAMLESS ADMINISTRATION THROUGH FISCAL INTERMEDIARIES.—Section 1842(b)(2) (42 U.S.C. 1395u(b)(2)) is amended by adding at the end the following: "(E) With respect to the payment of claims for home health services under this part that, but for the amendments made by section 4611 of the Balanced Budget Act of 1997, would be payable under part A instead of under this part, the Secretary shall continue administration of such claims through fiscal intermediaries under section 1816.". (e) TRANSITION.— 42 USC i395d (1) IN GENERAL. —Notwithstanding any provision of title note. XVIII of the Social Security Act, the Secretary of Health and Human Services shall establish a transition for the aggregate amount of expenditures that are transferred from part A, to part B, of title XVIII of the Social Security Act, as a result of the amendments made by this section, during each of the years during the period beginning with 1998 and ending with 2002 according to this subsection. Under the transition for each such year, the Secretary shall effect such transfer, between the trust funds under such parts, as will result in only the proportion (specified in paragraph (2)) of such aggregate expenditures for the year being transferred from such part A to such part B. (2) PROPORTION SPECiFiED.The proportion specified in this paragraph for— (A) 1998 is Ve, (B) 1999 is Va, (0 2000 is ^2, (D) 2001 is %, and (E) 2002 is %. (3) APPLICATION IN ESTABLISHING MONTHLY PREMIUMS FOR 1998 THROUGH 2003.— (A) IN GENERAL.—For purposes only of computing the monthly premium under section 1839 of the Social Security Act (42 U.S.C. 1395r), the monthly actuarial rate for enroU- ees age 65 and over shall be computed as though any reference in paragraph (1) of this subsection to 2002 were a reference to 2003 and as if the following proportions were substituted for the proportions specified in paragraph (2): (i) For 1998, V7. (ii) For 1999, ^7. (iii) For 2000, ^T. (iv) For 2001, y?. (v) For 2002,5/7.