12 2 STA T . 2 5 5 6PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 200 8(3)CONF O RMI N GA M E N D MEN TS.— ( A ) Section18 81( b )o f t h e Soci al Sec ur it y Act ( 42U .S.C. 13 95 rr(b)) i s a m en d ed— (i) in p ara g raph (12)(A) , by stri k ing ‘ ‘ I n lieu of pay - ment ’ ’ and inserting ‘‘Sub j ect to paragraph (14), in lieu of payment’’
(ii) in the second sentence of paragraph (12)( F )— (I) by inserting ‘‘or paragraph (14)’’ after ‘‘this para- graph’’; and (II) by inserting ‘‘or under the system under para- graph (14)’’ after ‘‘subparagraph ( B )’’; and (iii) in paragraph (13)— (I) in subparagraph (A), in the matter preceding clause (i), by striking ‘‘ T he payment amounts’’ and inserting ‘‘Subject to paragraph (14), the payment amounts’’; and (II) in subparagraph (B)— (aa) in clause (i), by striking ‘‘(i)’’ after ‘‘(B)’’ and by inserting ‘‘, subject to paragraph (14)’’ before the period at the end; and (bb) by striking clause (ii). (B) Section 18 6 1(s)(2)(F) of the Social Security Act (42 U.S.C. 1395 x (s)(2)(F)) is amended by inserting ‘‘, and, for items and ser v ices furnished on or after J anuary 1, 2 0 11, renal dialysis services (as defined in section 1881(b)(14)(B))’’ before the semicolon at the end. (C) Section 623(e) of the M edicare P rescription D rug, Improvement, and Moderni z ation Act of 2003 (42 U.S.C. 1395rr note) is repealed. (4) RUL EOF C ONSTRUCTION.— N othing in this subsection or the amendments made by this subsection shall be construed as authorizing or re q uiring the Secretary of H ealth and Human Services to make payments under the payment system imple- mented under paragraph (14)(A)(i) of section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)), as added by paragraph (1), for any unrecovered amount for any bad debt attributable to deductible and coinsurance on items and services not included in the basic case-mix adjusted composite rate under paragraph (12) of such section as in effect before the date of the enactment of this Act. (c) Q UALIT Y INCENTI V ESINT H E E ND-STAGE RENAL DISEASE PROGRAM.—Section 1881 of the Social Security Act (42 U.S.C. 1395rr) is amended by adding at the end the follo w ing new sub- section
‘‘(h) QUALITY INCENTIVES IN THE END-STAGE RENAL DISEASE PROGRAM.— ‘‘(1) QUALITY INCENTIVES.— ‘‘(A) IN GENERAL.— W ith respect to renal dialysis serv- ices (as defined in subsection (b)(14)(B)) furnished on or after January 1, 2012, in the case of a provider of services or a renal dialysis facility that does not meet the require- ment described in subparagraph (B) with respect to the year, payments otherwise made to such provider or facility under the system under subsection (b)(14) for such services shall be reduced by up to 2.0 percent, as determined appro- priate by the Secretary. ‘‘(B) RE Q UIREMENT.—The requirement described in this subparagraph is that the provider or facility meets (or Ef f ectiv e da te .42USC1395r r no te.
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