AMBULATORY SURGICAL CENTER SERVICES.

SEC. 141. AMBULATORY SURGICAL CENTER SERVICES. (a) Payment Amounts for Services Furnished in Ambulatory Surgical Centers.— (1) Use of survey to determine incurred costs.— Section 1833(i)(2)(A)(i) (42 U.S.C. 13951(i)(2)(A)(i)) is amended by striking the comma at the end and inserting the following: “, as determined in accordance with a survey (based upon a representative sample of procedures and facilities) taken not later than January 1, 1995, and every 5 years thereafter, of the actual audited costs incurred by such centers in providing such services,”. (2) Automatic application of inflation adjustment.— Section 1833(i)(2) (42 U.S.C. 13951(i)(2)) is amended— (A) in the second sentence of subparagraph (A) and the second sentence of subparagraph (B), by striking “and may be adjusted by the Secretary, when appropriate,”; and (B) by adding at the end the following new subparagraph: “(C) Notwithstanding the second sentence of subparagraph (A) or the second sentence of subparagraph (B), if the Secretary has108 STAT. 4425 not updated amounts established under such subparagraphs with respect to facility services furnished during a fiscal year (beginning with fiscal year 1996), such amounts shall be increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) as estimated by the Secretary for the 12-month period ending with the midpoint of the year involved.”. (3) Consultation requirement.— The second sentence of section 1833(i)(l) (42 U.S.C. 13951(i)(D) is amended by striking the period and inserting the following: “, in consultation with appropriate trade and professional organizations.”. (b) Adjustments to Payment Amounts for New Technology Intraocular Lenses.— (1) Establishment of process for review of amounts.— Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) shall develop and implement a process under which interested parties may request review by the Secretary of the appropriateness of the reimbursement amount provided under section 1833(i)(2)(A)(iii) of the Social Security Act with respect to a class of new technology intraocular lenses. For purposes of the preceding sentence, an intraocular lens may not be treated as a new technology lens unless it has been approved by the Food and Drug Administration. (2) Factors considered.— In determining whether to provide an adjustment of payment with respect to a particular lens under paragraph (1), the Secretary shall take into account whether use of the lens is likely to result in reduced risk of intraoperative or postoperative complication or trauma, accelerated postoperative recovery, reduced induced astigmatism, improved postoperative visual acuity, more stable postoperative vision, or other comparable clinical advantages. (3) Notice and comment.— The Secretary shall publish notice in the Federal Register from time to time (but no less often than once each year) of a list of the requests that the Secretary has received for review under this subsection, and shall provide for a 30-day comment period on the lenses that are the subjects of the requests contained in such notice. The Secretary shall publish a notice of the Secretary’s determinations with respect to intraocular lenses listed in the notice within 90 days after the close of the comment period. (4) Effective date of adjustment.— Any adjustment of a payment amount (or payment limit) made under this subsection shall become effective not later than 30 days after the date on which the notice with respect to the adjustment is published under paragraph (3). (c) Technical Correction Relating to Blend Amounts for Ambulatory Surgical Center Payments.— (1) In general.— Subclauses (I) and (II) of section 1833(i)(3)(B)(ii) (42 U.S.C. 1395l(i)(3)(B)(ii)) are each amended— (A) by striking “for reporting” and inserting “for portions of cost reporting”; and (B) by striking “and on or before” and inserting “and ending on or before”. (2) Effective date.— The amendments made by paragraph (1) shall take effect as if included in the enactment of OBRA-1990. 108 STAT. 4426 (d) Technical Correction Related to Cataract Surgery.— Effective as if included in the enactment of OBRA-1990, section 4151(c)(3) of such Act is amended by striking “for the insertion of an intraocular lens” and inserting “for an intraocular lens inserted”.