Pub. L. 103-432, tit. I, subtit. B, pt. III, sec. 147
MISCELLANEOUS AND TECHNICAL CORRECTIONS.
SEC. 147. MISCELLANEOUS AND TECHNICAL CORRECTIONS. (a) Revision of Information on Part B Claims Forms.— Section 1833(q)(1) (42 U.S.C. 13951(q)(1)) is amended— (1) by striking “provider number” and inserting “unique physician identification number”; and (2) by striking “and indicate whether or not the referring physician is an interested investor (within the meaning of section 1877(h)(5))”. (b) Consultation for Social Workers.— Effective with respect to services furnished on or after January 1, 1991, section 6113(c) of OBRA-1989 is amended— (1) by inserting “and clinical social worker services” after “psychologist services”; and (2) by striking “psychologist” the second and third place it appears and inserting “psychologist or clinical social worker”, (c) Reports on Hospital Outpatient Payment.— (1) OBRA-1989 is amended by striking section 6137. (2) Section 1135(d) (42 U.S.C. 1320b–5(d)) is amended— (A) by striking paragraph (6); and (B) in paragraph (7)— (i) by striking “systems” each place it appears and inserting “system”; and (ii) by striking “paragraphs (1) and (6)” and inserting “paragraph (1)”. (d) Radiology and Diagnostic Services Provided in Hospital Outpatient Departments.— (1) Effective as if included in the enactment of OBRA-1989, section 1833(n)(1)(B)(i)(II) (42 U.S.C. 13951(n)(1)(B)(i)(II)) is amended— (A) by inserting “and for services described in subsection (a)(2)(E)(ii) furnished on or after January 1, 1992” after “1989”; and 108 STAT. 4430 (B) by striking “1842(b)” and inserting “1842(b) (or, in the case of services furnished on or after January 1, 1992, under section 1848)”. (2) Effective as if included in the enactment of OBRA-1989, section 1833(n)(1)(B)(i)(II) (42 U.S.C. 13951(n)(1)(B)(i)(II)) is amended by striking “January 1, 1989” and inserting “April 1, 1989”. (e) Payments to Nurse Practitioners in Rural Areas (Section 4155 OF OBRA-1990).— (1) Section 1861(s)(2)(K)(iii) (42 U.S.C. 1395x(s)(2)(K)(iii)) is amended— (A) by striking “subsection (aa)(3)” and inserting “subsection (aa)(5)”; and (B) by striking “subsection (aa)(4)” and inserting “subsection (aa)(6)”. (2) Section 1833(r)(1) (42 U.S.C. 13951(r)(1)) is amended— (A) by striking “ambulatory” each place it appears and inserting “or ambulatory”; and (B) by striking “center,” and inserting “center”. (3) Section 1833(r)(2)(A) (42 U.S.C. 13951(r)(2)(A)) is amended by striking “subsection (a)(1)(M)” and inserting “subsection (a)(1)(O)”. (4) Section 1861(b)(4) (42 U.S.C. 1395x(b)(4)) is amended by striking “subsection (s)(2)(K)(i)” and inserting “clauses (i) or (iii) of subsection (s)(2)(K)”. (5) Section 1861(aa)(5) (42 U.S.C. 1395x(aa)(5)) is amended by striking “this Act” and inserting “this title”. (6) Section 1862(a)(14) (42 U.S.C. 1395y(a)(14)) is amended by striking “1861(s)(2)(K)(i)” and inserting “1861(s)(2)(K)(i) or 1861(s)(2)(K)(iii)”. (7) Section 1866(a)(1)(H) (42 U.S.C. 1395cc(a)(1)(H)) is amended by striking “1861(s)(2)(K)(i)” and inserting “1861(s)(2)(K)(i) or 1861(s)(2)(K)(iii)”. (f) Other Miscellaneous and Technical Amendments.— (1) Immediate enrollment in part b by individuals covered by an employment-based plan.— (A) Subparagraphs (A) and (B) of section 1837(i)(3) (42 U.S.C. 1395p(iX3)) are each amended— (i) by striking “beginning with the first day of the first month in which the individual is no longer enrolled” and inserting “including each month during any part of which the individual is enrolled”; and (ii) by striking “and ending seven months later” and inserting “ending with the last day of the eighth consecutive month in which the individual is at no time so enrolled”. (B) Paragraphs (1) and (2) of section 1838(e) (42 U.S.C. 1395q(e)) are amended to read as follows: “(1) in any month of the special enrollment period in which the individual is at any time enrolled in a plan (specified in subparagraph (A) or (B), as applicable, of section 1837(i)(3)) or in the first month following such a month, the coverage period shall begin on the first day of the month in which the individual so enrolls (or, at the option of the individual, on the first day of any of the following three months), or “(2) in any other month of the special enrollment period, the coverage period shall begin on the first day of the month following the month in which the individual so enrolls.”. 108 STAT. 4431 (C) The amendments made by subparagraphs (A) and (B) shall take effect on the first day of the first month that begins after the expiration of the 120-day period that begins on the date of the enactment of this Act (2) Clinical diagnostic laboratory tests.— Section 4154(e)(5) of OBRA-1990 is amended by striking “(1)(A)” and inserting “(1)( A),”. (3) Separate payment under part b for certain services.— Section 4157(a) of OBRA-1990 is amended by striking “(a) Services of” and all that follows through “Section” and inserting “(a) Treatment of Services of Certain Health Practitioners.—Section”. (4) Community health centers and rural health clinics.— (A) The fourth sentence of section 1861(aa)(2) (42 U.S.C. 1395x(aa)(2)) is amended— (i) by striking “certification” the first place it appears and inserting “approval”; and (ii) by striking “the Secretary’s approval or disapproval of the certification” and inserting “Secretary’s approval or disapproval”. (B) Section 4161(a)(7)(B) of OBRA-1990 is amended by inserting “and to the Committee on Finance of the Senate” after “Representatives”. (5) Screening mammography.— Section 4163 of OBRA-1990 is amended— (A) by adding at the end of subsection (d) the following new paragraph: “(3) The amendment made by paragraph (2)(A)(iv) shall apply to screening pap smears performed on or after July 1, 1990.”; and (B) in subsection (e), by striking “The amendments” and inserting “Except as provided in subsection (d)(3), the amendments”. (6) Injectable drugs for treatment of osteoporosis.— (A) Clarification of drugs covered.— The section 1861(jj) (42 U.S.C. 1395x(jj)) inserted by section 4156(a)(2) of OBRA-1990 is amended— (i) in the matter preceding paragraph (1), by striking “a bone fracture related to”; and (ii) in paragraph (1), by striking “patient” and inserting “individual has suffered a bone fracture related to post-menopausal osteoporosis and that the individual”. (B) Limiting coverage to drugs provided by home health agencies.— (i) The section 1861(jj) (42 U.S.C. 1395x(jj)) inserted by section 4156(a)(2) of OBRA-1990 is amended by striking “if” and inserting “by a home health agency if”. (ii) Section 1861(m)(5) (42 U.S.C. 1395x(m)(5)) is amended by striking “but excluding” and inserting “and a covered osteoporosis drug (as defined in subsection (kk)), but excluding other”. (iii) Section 1861(s)(2) (42 U.S.C. 1395x(s)(2)) is amended— (I) by adding “and” at the end of subparagraph (N), and 108 STAT. 4432 (II) by striking subparagraph (O) and redesignating subparagraph (P) as subparagraph (O). (C) Payment based on reasonable cost.— Section 1833(a)(2) (42 U.S.C. 13951(a)(2)) is amended— (i) in subparagraph (A), by striking “health services” and inserting “health services (other than a covered osteoporosis drug (as defined in section 1861(kk)))”; (ii) by striking “and” at the end of subparagraph (D); (iii) by striking the semicolon at the end of subparagraph (E) and inserting “; and”; and (iv) by adding at the end the following new subparagraph: “(F) with respect to a covered osteoporosis drug (as defined in section 1861(kk)) furnished by a home health agency, 80 percent of the reasonable cost of such service, as determined under section 186 l(v);”. (D) Application of part b deductible.— Section 1833(b)(2) (42 U.S.C. 13951(b)(2)) is amended by striking “services” and inserting “services (other than a covered osteoporosis drug (as defined in section 1861(kk)))”. (E) Covered osteoporosis drug (section 4156 of obra-1990).— Section 1861 (42 U.S.C. 1395x) is amended, in the subsection (jj) inserted by section 4156(a)(2) of OBRA-1990, by striking “(jj) The term” and inserting “(kk) The term”. (7) Other miscellaneous and technical corrections.— (A) Ownership disclosure requirements.— (i) Section 1124A(a)(2)(A) (42 U.S.C. 1320a–3a(a)(2)(A)) is amended by striking “of the Social Security Act”. (ii) Section 4164(b)(4) of OBRA-1990 is amended by striking “paragraph” and inserting “paragraphs”. (B) Directory of unique physician identifier numbers.— Section 4164(c) of OBRA-1990 is amended by striking “publish” and inserting “publish, and shall periodically update,”. (g) Effective Date.— Except as otherwise provided in this section, the amendments made by this section shall take effect as if included in the enactment of OBRA-1990.