Pub. L. 100-203, tit. IV, pt. 3, subpt. B, sec. 4063
PAYMENT FOR INTRAOCULAR LENSES.
SEC. 4063. PAYMENT FOR INTRAOCULAR LENSES. (a) Provided in Physician’s Office.— Section 1842 of the Social Security Act (42 U.S.C. 1395u), a s previously amended is amended— (1) in subsection (b)(11)(C), as inserted by section 4046(a)(1)(C) of this subtitle— (A) by inserting “(i)” after “(C)” and by adding at the end the following new clause: “(ii) The reasonable charge for an intraocular lens implanted during cataract surgery in a physician’s office may not exceed the actual acquisition cost for the lens (taking into account any discount) plus a handling fee (not to exceed 5 percent of such actual acquisition cost).”, and (B) 3535Copy read “(C)”. in subparagraph (D), as so redesignated and as amended by section 4046(a)(1) of this subtitle, by inserting “or item” after “service” or “services” each place either appears; and (2) in subsection (j)(1)(D), as added by section 4045(c)(1)(B) of this subtitle and as amended by 4046(a)(2) of this subtitle— (A) in clause (ii), by striking “and” at the end of subclause (IV), by redesignating subclause (V) as subclause (VI) and by inserting before such subclause the following new subclause: “(IV) a reasonable charge limit is established under subsection (b)(11)(C)(ii), and”; and (B) in clause (iii)— (i) by striking “or” at the end of subclause (I), (ii) in subclause (II), by striking “(b)(11)(C)” and inserting “(b)(11)(C)(i)”, (iii) by striking the period at the end of subclause (II) and inserting “; or”, and (iv) by adding at the end the following new subclause: “(III) under subsection (b)(11)(C)(ii), the payment allowance established under such subsection.”. (b) Provided in Ambulatory Surgical Centers.— Section 1833(i)(2)(A) of such Act (42 U.S.C. 13951(i)(2)(A)) is amended— (1) by striking “and” at the end of clause (i), (2) by striking the period at the end of clause (ii) and inserting “,and”, and (3) by inserting after clause (ii) the following new clause: 101 STAT. 1330–110 “(iii) in the case of implantation of an intraocular lens during cataract surgery includes payment which is reasonable and related to the cost of acquiring the class of lens involved.”. (c) Effective Date.— The amendments made by this section shall apply to items furnished on or after July 1, 1988. (d) Special Rule.— With respect to the35a35aCopy read “the the”. establishment of a reasonable charge limit under section 1842(b)(11)(C)(ii) of the Social Security Act, in applying section 1842(j)(1)(D)(i) of such Act, the matter beginning with “plus” shall be considered to have been deleted.