Pub. L. 103-432, tit. I, subtit. C, sec. 156

PEER REVIEW ORGANIZATIONS.

EnactedYear: 1994Length: 661 wordsOfficial source
SEC. 156. PEER REVIEW ORGANIZATIONS. (a) Repeal of PRO Precertification Requirement for Certain Surgical Procedures.— (1) In general.— Section 1164 (42 U.S.C. 1320c–13) is repealed. (2) Conforming amendments.— (A) Section 1154 (42 U.S.C. 1320c–3) is amended— (i) in subsection (a), by striking paragraph (12), and (ii) in subsection (d), by striking “(and except as provided in section 1164)”. (B) Section 1833 (42 U.S.C. 13951) is amended— (i) in subsection (a)(1)(D)(i), by striking “, or for tests furnished in connection with obtaining a second opinion required under section 1164(c)(2) (or a third opinion, if the second opinion was in disagreement with the first opinion)”; (ii) in subsection (a)(1), by striking subparagraph (G); (iii) in subsection (a)(2)(A), by striking “, to items and services (other than clinical diagnostic laboratory tests) furnished in connection with obtaining a second opinion required under section 1164(c)(2) (or a third opinion, if the second opinion was in disagreement with the first opinion),”; (iv) in subsection (a)(2)(D)(i)— (I) by striking “basis,” and inserting “basis or”, and (II) by striking “, or for tests furnished in connection with obtaining a second opinion required under section 1164(c)(2) (or a third opinion, if the second opinion was in disagreement with the first opinion)”; (v) in subsection (a)(3), by striking “and for items and services furnished in connection with obtaining a second opinion required under section 1164(c)(2), or a third opinion, if the second opinion was in disagreement with the first opinion”; and (vi) in the first sentence of subsection (b), by striking “(4)” and all that follows through “and (5)” and inserting “and (4)”. (C) Section 1834(g)(l)(B) (42 U.S.C. 1395m(g)(l)(B)) is amended by striking “and for items and services furnished in connection with obtaining a second opinion required under section 1164(c)(2), or a third opinion, if108 STAT. 4441 the second opinion was in disagreement with the first opinion”. (D) Section 1862(a) (42 U.S.C. 1395y(a)) is amended— (i) by adding “or” at the end of paragraph (14), (ii) by striking or” at the end of paragraph (15) and inserting a period, and (iii) by striking paragraph (16). (E) The third sentence of section 1866(a)(2)(A) (42 U.S.C. 1395w(a)(2)(A)) is amended by striking “, with respect to items and services furnished in connection with obtaining a second opinion required under section 1164(c)(2) (or a third opinion, if the second opinion was in disagreement with the first opinion),”. (3) Effective date.—The amendments made by this subsection shall apply to services provided on or after the date of the enactment of this Act. (b) Miscellaneous and Technical Corrections.— (1) The third sentence of section 1156(b)(1) (42 U.S.C. 1320c–5(b)(D) is amended by striking “whehter” and inserting “whether”. (2) (A) Section 1154(a)(9)(B) (42 U.S.C. 1320c–3(a)(9)(B)) is amended to read as follows: “(B) If the organization finds, after reasonable notice to and opportunity for discussion with the physician or practitioner concerned, that the physician or practitioner has furnished services in violation of section 1156(a) and the organization determines that the physician or practitioner should enter into a corrective action plan under section 1156(b)(1), the organization shall notify the State board or boards responsible for the licensing or disciplining of the physician or practitioner of its finding and of any action taken as a result of the finding.”. (B) Subparagraph (D) of section 1160(b)(1) (42 U.S.C. 1320c–9(b)(D) is amended to read as follows: “(D) to provide notice in accordance with section 1154(a)(9)(B),”. (3) Section 4205(d)(2)(B) of OBRA-1990 is amended by striking “amendments” and inserting “amendment”. (4) Section 1160(d) (42 U.S.C. 1320c–9(d)) is amended by striking “subpena” and inserting “subpoena”. (5) Section 4205(e)(2) of OBRA-1990 is amended by striking “amendments” and inserting “amendment” and by striking “all”. (6) (A) Except as provided in subparagraph (B), the amendments made by this subsection shall take effect as if included in the enactment of OBRA-1990. (B) The amendments made by paragraph (2) (relating to the requirement on reporting of information to State boards) shall take effect on the date of the enactment of this Act.
Pub. L. 103-432, tit. I, subtit. C, sec. 156: PEER REVIEW ORGANIZATIONS. | Justis AI