PUBLIC LAW 98-369—JULY 18, 1984
98 STAT. 1073
(e) In addition to any funds otherwise provided for fiscal years 1984 and 1985 for payment to carriers under contracts entered into under section 1842 of the Social Security Act, there are transferred 42 USC I395u. from the Federal Supplementary Medical Insurance Trust Fund, for payments to such carriers under such contracts to implement the amendments made by this section, not less than $8,000,000 for fiscal year 1984, and not less than $15,000,000 for fiscal year 1985. (f)(1) Section 1128A(a)(2) of the Social Security Act is amended by 42 USC inserting before the comma at the end thereof the following: ", or (C) 1320a-7a. an agreement to be a participating physician or supplier under section 1842(h)(1)". 42 USC 1395nn. (2) Section 1877(d) of such Act is amended— (A) by inserting "or agrees to be a participating physician or supplier under section 1842(h)(1)" after "1842(b)(3)(B)(ii)", and (B) by striking out "specified in subclause (I) of such section" and inserting in lieu thereof "or agreement". PAYMENT FOR SERVICES OF TEACHING PHYSICIANS
SEC. 2307. (a)(1) Subparagraph (A) of section 1842(b)(7)(A) of the Social Security Act (as redesignated by section 2306 of this title) is Ante, p. 1070 amended by adding at the end the following sentence: "If all the teaching physicians in a hospital agree to have payment made for all of their physicians' services under this part furnished patients in the hospital on the basis of an assignment described in paragraph (3)(B)(ii) or under the procedure described in section 1870(f)(1), not- 42 USC 1395gg. withstanding clause (ii) of this subparagraph, the carrier shall provide for payment in an amount equal to 90 percent of the prevailing charges paid for similar services in the same locality.". (2) Section 1842(b)(7)(B) of such Act is amended— (A) by striking out "physician who has a substantial practice outside the teaching setting" in clause (i) and inserting in lieu thereof "physician who is not a teaching physician (as defined by the Secretary)"; (B) by striking out "outside practice" in clause (i) and inserting in lieu thereof "practice outside the teaching setting"; (C) by striking out "In the case of a physician who does not have a practice described in clause (i)" in clause (ii) and inserting in lieu thereof "In the case of a teaching physician"; (D) by striking out "greater" in clause (ii) and inserting in lieu thereof "greatest"; (E) by striking out "or" at the end of subclause (I) of clause (ii); (F) by striking out the period at the end of subclause (II) of clause (ii) and inserting in lieu thereof ", or"; and (G) by adding at the end of clause (ii) the following new subclause: "(III) 85 percent of the prevailing charges paid for similar services in the same locality.". (3) The amendments made by this subsection shall apply to serv- Effective date. 42 USC 1395u ices furnished on or after July 1, 1984. (b)(1) Section 1886(d)(5)(B) of the Social Security Act is amended by note. adding at the end thereof the following new sentence: "In determin- 97 Stat. 152. ing such adjustment the Secretary shall not distinguish between 42 USC 1395WW. those interns and residents who are employees of a hospital and those interns and residents who furnish services to a hospital but are not employees of such hospital.".
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