Pub. L. 108-173, tit. IX, subtit. D, sec. 939
APPEALS BY PROVIDERS WHEN THERE IS NO OTHER PARTY AVAILABLE.
SEC. 939. APPEALS BY PROVIDERS WHEN THERE IS NO OTHER PARTY AVAILABLE.(a) In General.—Section 1870 (42 U.S.C. 1395gg) is amended by adding at the end the following new subsection:“(h) Notwithstanding subsection (f) or any other provision of law, the Secretary shall permit a provider of services or supplier to appeal any determination of the Secretary under this title relating to services rendered under this title to an individual who subsequently dies if there is no other party available to appeal such determination.”.(b) Effective Date.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to items and services furnished on or after such date.