MISCELLANEOUS AND TECHNICAL PROVISIONS.

SEC. 4039. MISCELLANEOUS AND TECHNICAL PROVISIONS. (a) Clarification of Criminal Penalties for Willful Misrepresentations.— Subsection (c) of section 1128B of the Social Security Act (42 U.S.C. 1320a–7(b)), 2828Copy read “1320a–7b)),”. as redesignated by section 4(d) of the Medicare and Medicaid Patient and Program Protection Act of 1987 (Public Law 100–93), is amended— (1) by striking “institution or facility” each place it appears and inserting “institution, facility, or entity”, and (2) by inserting “(including an eligible organization under section 1876(b))” after “other entity”. (b) Podiatrists.— (1) Section 1861(r)(3) of the Social Security Act (42 U.S.C. 1395x(r)(3)) is amended— (A) by striking “subsection (s) of this section” and inserting “subsections (k), (m), (p)(1), and (s) of this section and sections 1814(a), 1832(a)(2)(F)(ii), and 1835”, and (B) by striking “; and for the purposes” and all that follows through “which he is legally authorized to perform”. 101 STAT. 1330–82 (2) Section 1861(b)(6) of such Act (42 U.S.C. 1395x(b)(6)) is amended by striking “Council on Podiatry Education of the American Podiatry Association” and inserting “Council on Podiatric Medical Education of the American Podiatric Medical Association”. (c) Recovery of Payments for Certain Pacemaker Devices.— (1) Section 1862(h) of such Act (42 U.S.C. 1395y(h)) is amended— (A) in paragraph (1)(B), by striking “law,” and inserting “law (and any amount paid to a provider under any such warranty),”; (B) in paragraph (1)(D), by striking “(3),” and inserting “(3), in determining the amount subject to repayment under paragraph (2)(C),”; (C) in paragraph (2)— (i) by striking “and” at the end of subparagraph (A), (ii) by striking the period at the end of subparagraph (B) and inserting “, and”, and (iii) by adding at the end the following new subparagraph: “(C) to make repayment to the Secretary of amounts paid under this title to the provider with respect to any cardiac pacemaker device or lead which has been replaced by the manufacturer, or for which the manufacturer has made payment to the provider, under an express or implied warranty.”; and (D) in paragraph (4)(B)— (i) by striking “or has” and inserting “, has”, and (ii) by striking “(2)(B),” and inserting “(2)(B), or has failed to make repayment to the Secretary as required under paragraph (2)(C),”. (2) The amendments made by paragraph (1) shall become effective on January 1, 1988. (d) Extend and Clarify Prohibition on Cost Savings Policies Before Beginning of Fiscal Year.— Notwithstanding any other provision of law, except as required to implement specific provisions required under statute, the Secretary of Health and Human Services is not authorized to issue in final form, after the date of the enactment of this Act and before October 15, 1988, any regulation, instruction, or other policy which is estimated by the Secretary to result in a net reduction in expenditures under title XVIII of the Social Security Act in fiscal year 1989 of more than $50,000,000. (e) Moratorium on Prior Authorization for Home Health and Post-Hospital Extended Care Services.— The Secretary of Health and Human Services shall not implement any voluntary or mandatory program of prior authorization for home health services, extended care services, or post-hospital extended care services under part A or B of title XVIII of the Social Security Act at any time prior to six months after the date on which the Congress receives the report required under section 9305(k)(4) of the Omnibus Budget Reconciliation Act of 1986. (f) Delay in Publishing Regulations with Respect to Deeming the Status of Entities.— The Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) shall not deem any entity to be a provider of services (as defined in section 1861(u) of the Social Security Act) for purposes of title XVIII of such Act— 101 STAT. 1330–83 (1) on any date prior to 6 months after the date on which the Secretary has published a proposed rule with respect to the deeming of the entity, and (2) until the Secretary publishes a final rule with respect to the deeming of the entity. (g) Use of Interim Final Regulations.— The Secretary of Health and Human Services shall issue such regulations (on an interim or other basis) as may be necessary to implement this subtitle and the amendments made by this subtitle.