12 2 STA T . 2 498PUBLIC LA W 11 0– 2 75—J UL Y 15 , 2008 (2)WAIVEROF A P P L I C A T IO N OF D ED U CTI B LE .—Thefirst se n- ten c e o f section 183 3( b ) of the S oci al Sec u rit yA ct( 4 2 U .S. C . 13 95 l(b)) is a m en d ed— (A) by stri k in g‘ ‘and ’ ’ before ‘‘(8)’’
and ( B ) by inserting ‘‘ , and (9) such deductible shall not a p ply w ith respect to an initial pre v entive physical e x am- ination (as defined in section 18 6 1(ww))’’ before the period at the end. (3) EX TEN S ION OF ELI G IBILIT Y PERIOD FRO M SIX MONT H S TO ONE YEAR.—Section 1862(a)(1)( K ) of the Social Security Act (42 U.S.C. 1395y(a)(1)(K)) is amended by striking ‘‘6 months’’ and inserting ‘‘1 year’’. (4) TECHNICAL CORRECTION.—Section 1862(a)(1)(K) of the Social Security Act (42 U.S.C. 1395y(a)(1)(K)) is amended by striking ‘‘not later’’ and inserting ‘‘more’’. (c) EFFECTIVE D ATE.—The amendments made by this section shall apply to services furnished on or after J anuary 1, 2 0 09. SEC.102 .E LIM I NAT I O NO FD ISC R IMINATOR Y CO P AYMENT RATES FOR MEDICARE O U TPATIENT PSYC H IATRIC SER V ICES. Section 1833(c) of the Social Security Act (42 U.S.C. 1395l(c)) is amended to read as follows
‘‘(c)(1) N otwithstanding any other provision of this part, with respect to expenses incurred in a calendar year in connection with the treatment of mental, psychoneurotic, and personality disorders of an individual who is not an inpatient of a hospital at the time such expenses are incurred, there shall be considered as incurred expenses for purposes of subsections (a) and (b)— ‘‘(A) for expenses incurred in years prior to 2010, only 62 1⁄2 percent of such expenses; ‘‘(B) for expenses incurred in 2010 or 2011, only 68 3 ⁄ 4 percent of such expenses; ‘‘(C) for expenses incurred in 2012, only 7 5 percent of such expenses; ‘‘(D) for expenses incurred in 2013, only 811⁄4 percent of such expenses; and ‘‘(E) for expenses incurred in 2014 or any subse q uent cal- endar year, 100 percent of such expenses. ‘‘(2) F or purposes of subparagraphs (A) through (D) of para- graph (1), the term ‘treatment’ does not include brief office visits (as defined by the Secretary) for the sole purpose of monitoring or changing drug prescriptions used in the treatment of such dis- orders or partial hospitali z ation services that are not directly pro- vided by a physician.’’. SEC. 10 3 . PROHI B ITIONS AND LIMITATIONS ON CERTAIN SALES AND MAR K ETIN G ACTIVITIES UNDER MEDICARE ADVANTAGE PLANS AND PRESCRIPTION DRUG PLANS. (a) P ROHIBITIONS.— (1) M EDICARE ADVANTAGE PROGRAM.— (A) I N GENERAL.—Section 1851 of the Social Security Act (42 U.S.C. 1395w – 21) is amended— (i) in subsection (h)(4)— (I) in subparagraph (A)— (aa) by striking ‘‘cash or other monetary rebates’’ and inserting ‘‘, sub j ect to subsection (j)(2)(C), cash, gifts, prizes, or other monetary rebates’’; and 42USC1395lnote.
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