12 2 STA T . 2 54 1 PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 200 8SEC.138 . ADJU S TM E N T FOR MED I CARE MENTA LH EALTH SER V ICES. (a)PAYMENTADJUS TMENT .— ( 1 ) I N G ENE R A L .— Forpu rpo se so f pa ym e nt for ser vic es furnis h e d under the physician fee schedu l e under section 1 84 8 of the S ocial Security Act (4 2U .S. C . 1 395w– 4) durin g the period b eginning on J uly 1 , 2 0 08, and ending on D ecember 31, 2009, the Secretary of H ealth and Human Services shall increase the fee schedule otherwise applicable for specified services by 5 percent. (2) NO NA P PL IC ATION O FB UDGET - NEUTRALITY.— T he budget- neutrality provision of section 1848(c)(2)( B )(ii) of the Social Security Act (42 U.S.C. 1395w–4(c)(2)(B)(ii)) shall not apply to the ad j ustments described in paragraph (1). (b) DEFINITION OF SPECIFIED SER V ICES.—In this section, the term ‘ ‘specified services ’ ’ means procedure codes for services in the categories of the Health Care Common Procedure Coding System, established by the Secretary of Health and Human Services under section 1848(c)(5) of the Social Security Act (42 U.S.C. 1395w– 4(c)(5)), as of July 1, 200 7 , and as subse q uently modified by the Secretary, consisting of psychiatric therapeutic procedures furnished in office or other outpatient facility settings or in inpatient hospital, partial hospital, or residential care facility settings, but only with respect to such services in such categories that are in the subcat- egories of services which are— (1) insight oriented, behavior modifying, or supportive psychotherapy
or (2) interactive psychotherapy. (c) IMPLEMENTATION.—Notwithstanding any other provision of law, the Secretary may implement this section by program instruc- tion or otherwise. SEC. 13 9 . IM P ROVEMENTS FOR MEDICARE ANESTHESIA TEACHIN G PROGRAMS. (a) SPECIAL PAYMENT R ULE FOR TEAC H ING ANESTHESIOL- OGISTS.—Section 1848(a) of the Social Security Act (42 U.S.C. 1395w–4(a)), as amended by section 132(b), is amended— (1) in paragraph (4)(A), by inserting ‘‘e x cept as provided in paragraph (5),’’ after ‘‘anesthesia cases,’’; and (2) by adding at the end the following new paragraph
‘‘( 6 ) SPECIAL RULE FOR TEACHING ANESTHESIOLOGISTS.— W ith respect to physicians’ services furnished on or after January 1, 2010, in the case of teaching anesthesiologists involved in the training of physician residents in a single anes- thesia case or two concurrent anesthesia cases, the fee schedule amount to be applied shall be 100 percent of the fee schedule amount otherwise applicable under this section if the anes- thesia services were personally performed by the teaching anesthesiologist alone and paragraph (4) shall not apply if— ‘‘(A) the teaching anesthesiologist is present during all critical or k ey portions of the anesthesia service or procedure involved; and ‘‘(B) the teaching anesthesiologist (or another anesthe- siologist with whom the teaching anesthesiologist has entered into an arrangement) is immediately available to furnish anesthesia services during the entire procedure.’’. (b) TREATMENT OF CERTIFIED REGISTERED NURSE ANES- THETISTS.—With respect to items and services furnished on or after Ef f ectiv e da te .42USC1395l . Effective date. 42 USC 1395 w– 4.
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