PUBLIC LAW 106-310—OCT. 17, 2000 114 STAT. 1155 TITLE XX—GRADUATE MEDICAL EDU- CATION PROGRAMS IN CHILDREN'S HOSPITALS SEC. 2001. PROVISIONS TO REVISE AND EXTEND PROGRAM. (a) PAYMENTS.— Section 340E(a) of the Public Health Service Act (42 U.S.C. 256e(a)) is amended— (1) by striking "and 2001" and inserting "through 2005"; and (2) by adding at the end the following: "The Secretary Regulations, shall promulgate regulations pursuant to the rulemaking requirements of title 5, United States Code, which shall govern payments made under this subpart.". (b) UPDATING RATES.— Section 340E(c)(2)(F) of the Public Health Service Act (42 U.S.C. 256e(c)(2)(F)) is amended by striking "hospital's cost reporting period that begins during fiscal year 2000" and inserting "Federal fiscal year for which pa5mients are made". (c) RESIDENT COUNT FOR INTERIM PAYMENTS.— Section 340E(e)(l) of the Public Health Service Act (42 U.S.C. 256e(e)(l)) is amended by adding at the end the following: "Such interim payments to each individual hospital shall be based on the number of residents reported in the hospital's most recently filed Medicare cost report prior to the application date for the Federal fiscal year for which the interim payment amounts are established. In the case of a hospital that does not report residents on a Medicare cost report, such interim payments shall be based on the number of residents trained during the hospital's most recently completed Medicare cost report filing period.". (d) WITHHOLDING.— Section 340E(e)(2) of the Public Health Service Act (42 U.S.C. 256e(e)(2)) is amended— (1) by adding "and indirect" after "direct"; and (2) by adding at the end the following: "The Secretary shall withhold up to 25 percent from each interim installment for direct and indirect graduate medical education paid under paragraph (1) as necessary to ensure a hospital will not be overpaid on an interim basis.". (e) RECONCILIATION.— Section 340E(e)(3) of the Public Health Service Act (42 U.S.C. 256e(e)(3)) is amended to read as follows: "(3) RECONCILIATION.—Prior to the end of each fiscal year, the Secretary shall determine any changes to the number of residents reported by a hospital in the application of the hospital for the current fiscal year to determine the final amount payable to the hospital for the current fiscal year for both direct expense and indirect expense amounts. Based on such determination, the Secretary shall recoup any overpayments made to pay any balance due to the extent possible. The final amount so determined shall be considered a final intermediary determination for the purposes of section 1878 of the Social Security Act and shall be subject to administrative and judicial review under that section in the same manner as the amount of payment under section 1186(d) of such Act is subject to review under such section.". (f) AUTHORIZATION OF APPROPRIATIONS.— Section 340E(f) of the Public Health Service Act (42 U.S.C. 256e(f)) is amended— (1) in paragraph (1)(A)—
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