Page:United States Statutes at Large Volume 122.djvu/2571

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12 2 STA T . 2 548PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 2008 SEC.146 . IMPROV E DA CCESS T OAM BUL A N CE SERVICES. (a)EXTENSIO NO FI N CR E A SE DM EDICARE P A YM ENTS FOR G RO U ND A M B U L ANCE S ER V ICES .— S ection1834 ( l )(13) o f t h e Social Sec ur it y Act (4 2U .S. C .13 95m (l)(13)) i s amen d ed— (1) in su bp ara g raph (A)— (A) in the matter preceding clause (i) , by inserting ‘ ‘and for such ser v ices furnished on or after J uly1,2 0 08, and before January 1, 2010 ’ ’ after ‘‘200 7 ,’’

( B ) in clause (i), by inserting ‘‘(or 3 percent if such service is furnished on or after July 1, 2008, and before January 1, 2010)’’ after ‘‘2 percent’’; and (C) in clause (ii), by inserting ‘‘(or 2 percent if such service is furnished on or after July 1, 2008, and before January 1, 2010)’’ after ‘‘1 percent’’; and (2) in subparagraph (B)— (A) in the heading, by stri k ing ‘‘ 20 0 6 ’’ and inserting ‘‘A P PLICABLE PERIOD’’; and (B) by inserting ‘‘applicable’’ before ‘‘period’’. (b) AIR AMBULANCE PAYMENT IMPROVEMENTS.— (1) T REATMENT OF CERTAIN AREAS FOR PAYMENT FOR AIR AMBULANCE SERVICES UNDER T H E AMBULANCE FEE SCHEDULE.— N ot w ithstanding any other provision of law, for purposes of making payments under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) for air ambulance services furnished during the period beginning on July 1, 2008, and ending on D ecember 31, 2009, any area that was designated as a rural area for purposes of making payments under such section for air ambulance services furnished on December 31, 200 6 , shall be treated as a rural area for purposes of making payments under such section for air ambulance services furnished during such period. (2) CLARIFICATION RE G ARDING SATISFACTION OF RE Q UIRE - MENT OF MEDICALLY NECESSARY.— (A) IN GENERAL.—Section 1834(l)(14)(B)(i) of the Social Security Act (42 U.S.C. 1395m(l)(14)(B)(i)) is amended by striking ‘‘reasonably determines or certifies’’ and inserting ‘‘certifies or reasonably determines’’. (B) EFFECTIVE DATE.—The amendment made by subparagraph (A) shall apply to services furnished on or after the date of the enactment of this Act. SEC. 14 7 .E X TENSION AND EXPANSION O F T H E MEDICARE HOLD HARM - LESS PROVISION UNDER THE PROSPECTIVE PA Y MENT SYSTEM FOR HOSPITAL OUTPATIENT DEPARTMENT ( HOPD ) SERVICES FOR CERTAIN HOSPITALS. Section 1833(t)(7)(D)(i) of the Social Security Act (42 U.S.C. 1395l(t)(7)(D)(i)) is amended— (1) in subclause (II)— (A) in the first sentence, by striking ‘‘2009’’ and inserting ‘‘2010’’; and (B) by striking the second sentence and inserting the following new sentence

‘‘ F or purposes of the preceding sentence, the applicable percentage shall be 95 percent with respect to covered O PD services furnished in 2006, 90 percent with respect to such services furnished in 2007, and 85 percent with respect to such services furnished in 2008 or 2009.’’; and 42USC1395mnote.Ti me p e r io d . 42 USC 1395m note.