PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 487 SEC. 4633. PERMITTING RECOVERY AGAINST THIRD PARTY ADMINIS- TRATORS. (a) PERMITTING RECOVERY AGAINST THIRD PARTY ADMINISTRA- TORS OF PRIMARY PLANS.— Section 1862(b)(2)(B)(ii) (42 U.S.C. 1395y(b)(2)(B)(ii)) is amended— (1) by striking "under this subsection to pay" and inserting "(directly, as a third-party administrator, or otherwise) to make payment"; and (2) by adding at the end the following: "The United States may not recover from a third-party administrator under this clause in cases where the third-party administrator would not be able to recover the amount at issue from the employer or group health plan and is not employed by or under contract with the employer or group health plan at the time the action for recovery is initiated by the United States or for whom it provides administrative services due to the insolvency or bankruptcy of the employer or plan.". (b) CLARIFICATION OF BENEFICIARY LIABILITY.— Section 1862(b)(1) (42 U.S.C. 1395y(b)(l)) is amended by adding at the end the following new subparagraph: "(F) LIMITATION ON BENEFICIARY LIABILITY. —An individual who is entitled to benefits under this title and is furnished an item or service for which such benefits are incorrectly paid is not liable for repayment of such benefits under this paragraph unless payment of such benefits was made to the individual.". (c) EFFECTIVE DATE. —The amendments made by this section 42 USC I395y apply to items and services furnished on or after the date of the "o^. enactment of this Act. CHAPTER 4—OTHER PROVISIONS SEC. 4641. PLACEMENT OF ADVANCE DIRECTIVE IN MEDICAL RECORD. (a) IN GENERAL. —Section 1866(f)(1)(B) (42 U.S.C. 1395cc(f)(l)(B)) is amended by striking "in the individual's medical record" and inserting "in a prominent part of the individual's current medical record". (b) EFFECTIVE DATE. —The amendment made by subsection (a) 42 USC I395cc shall apply to provider agreements entered into, renewed, or note, extended on or after such date (not later than 1 year after the date of the enactment of this Act) as the Secretary of Health and Human Services specifies. SEC. 4642. INCREASED CERTIFICATION PERIOD FOR CERTAIN ORGAN PROCUREMENT ORGANIZATIONS. Section 1138(b)(l)(A)(ii) (42 U.S.C. 1320b-8(b)(l)(A)(ii)) is amended by striking "two years" and inserting "2 years (4 years if the Secretary determines appropriate for an organization on the basis of its past practices)". SEC. 4643. OFFICE OF THE CHIEF ACTUARY IN THE HEALTH CARE FINANCING ADMINISTRATION. Section 1117 (42 U.S.C. 1317) is amended— (1) in the heading, by inserting "AND CHIEF ACTUARY" after "THE ADMINISTRATOR"; (2) by inserting "(a)" before "The Administrator"; and (3) by adding at the end the following:
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