U.S. Code » Title 42 » Chapter CHAPTER 7— SOCIAL SECURITY › Subchapter SUBCHAPTER XVIII— HEALTH INSURANCE FOR AGED AND DISABLED › Part Part E— Miscellaneous Provisions

42 U.S.C. § 1395xx

Payment of provider-based physicians and payment under certain percentage arrangements

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar
(a) Criteria; amount of payments(1) The Secretary shall by regulation determine criteria for distinguishing those services (including inpatient and outpatient services) rendered in hospitals or skilled nursing facilities—(A) which constitute professional medical services, which are personally rendered for an individual patient by a physician and which contribute to the diagnosis or treatment of an individual patient, and which may be reimbursed as physicians’ services under part B, and(B) which constitute professional services which are rendered for the general benefit to patients in a hospital or skilled nursing facility and which may be reimbursed only on a reasonable cost basis or on the bases described in section 1395ww of this title.(2)(A) For purposes of cost reimbursement, the Secretary shall recognize as a reasonable cost of a hospital or skilled nursing facility only that portion of the costs attributable to services rendered by a physician in such hospital or facility which are services described in paragraph (1)(B), apportioned on the basis of the amount of time actually spent by such physician rendering such services.(B) In determining the amount of the payments which may be made with respect to services described in paragraph (1)(B), after apportioning costs as required by subparagraph (A), the Secretary may not recognize as reasonable (in the efficient delivery of health services) such portion of the provider’s costs for such services to the extent that such costs exceed the reasonable compensation equivalent for such services. The reasonable compensation equivalent for any service shall be established by the Secretary in regulations.(C) The Secretary may, upon a showing by a hospital or facility that it is unable to recruit or maintain an adequate number of physicians for the hospital or facility on account of the reimbursement limits established under this subsection, grant exceptions to such reimbursement limits as may be necessary to allow such provider to provide a compensation level sufficient to provide adequate physician services in such hospital or facility.(b) Prohibition of recognition of payments under certain percentage agreements(1) Except as provided in paragraph (2), in the case of a provider of services which is paid under this subchapter on a reasonable cost basis, or other basis related to costs that are reasonable, and which has entered into a contract for the purpose of having services furnished for or on behalf of it, the Secretary may not include any cost incurred by the provider under the contract if the amount payable under the contract by the provider for that cost is determined on the basis of a percentage (or other proportion) of the provider’s charges, revenues, or claim for reimbursement.(2) Paragraph (1) shall not apply—(A) to services furnished by a physician and described in subsection (a)(1)(B) and covered by regulations in effect under subsection (a), and(B) under regulations established by the Secretary, where the amount involved under the percentage contract is reasonable and the contract—(i) is a customary commercial business practice, or(ii) provides incentives for the efficient and economical operation of the provider of services.(Aug. 14, 1935, ch. 531, title XVIII, § 1887, as added and amended Pub. L. 97–248, title I, §§ 108(a)[(1)], 109(a), Sept. 3, 1982, 96 Stat. 337, 338; Pub. L. 98–21, title VI, § 602(j), Apr. 20, 1983, 97 Stat. 165.)Editorial NotesAmendments

1983—Subsec. (a)(1)(B). Pub. L. 98–21 inserted “or on the bases described in section 1395ww of this title”.

1982—Subsec. (b). Pub. L. 97–248, § 109(a)(2), added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1983 Amendment

Amendment by Pub. L. 98–21 applicable to items and services furnished by or under arrangement with a hospital beginning with its first cost reporting period that begins on or after Oct. 1, 1983, any change in a hospital’s cost reporting period made after November 1982 to be recognized for such purposes only if the Secretary finds good cause therefor, see section 604(a)(1) of Pub. L. 98–21, set out as a note under section 1395ww of this title.

Effective Date of 1982 Amendment

Pub. L. 97–248, title I, § 109(c)(1), (2), Sept. 3, 1982, 96 Stat. 339, provided that:“(1) The amendments made by this section [amending this section and section 1395x of this title] shall become effective on the date of the enactment of this Act [Sept. 3, 1982], except that section 1887(b)(1) of the Social Security Act [42 U.S.C. 1395xx(b)(1)] shall not apply before October 1, 1982, to services furnished by a physician and described in section 1887(a)(1)(B) of such Act [42 U.S.C. 1395xx(a)(1)(B)].“(2) In the case of a contract with a provider of services entered into prior to the date of the enactment of this Act [Sept. 3, 1982], the amendment made by subsection (a) [amending this section] shall apply to payments under such contract (A) 30 days after the first date (after such date of enactment) the provider of services may unilaterally terminate the contract, or (B) one year after the date of the enactment of this Act, whichever is earlier.”

Effective Date of Regulations

Pub. L. 97–248, title I, § 108(b), formerly § 108(c), Sept. 3, 1982, 96 Stat. 338, as redesignated by Pub. L. 97–448, title III, § 309(a)(3), Jan. 12, 1983, 96 Stat. 2408, provided that: “The Secretary of Health and Human Services shall first promulgate regulations to carry out section 1887(a) of the Social Security Act [42 U.S.C. 1395xx(a)] not later than October 1, 1982. Such regulations shall become effective on October 1, 1982, and shall be effective with respect to cost reporting periods ending after September 30, 1982, but in the case of any cost reporting period beginning before October 1, 1982, any reduction in payments under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] to a hospital or skilled nursing facility resulting from such regulations shall be imposed only in proportion to the part of the period which occurs after September 30, 1982.”

Notes of Decisions
Cited in 9 cases, 1984–2016 · leading case: Humana, Inc., D/B/A Humana Hosp. San Antonio, Plaintiff-Counter v. Avram A. Jacobson, M.D., P.A., Defendant-Counter, 804 F.2d 1390 (5th Cir. 1986).
Sort: Relevance Newest Treatment
Humana, Inc., D/B/A Humana Hosp. San Antonio, Plaintiff-Counter v. Avram A. Jacobson, M.D., P.A., Defendant-Counter, 804 F.2d 1390 (5th Cir. 1986). “at 860-61 ; 42 U.S.C. § 1395xx(a)(l) (1982). 5 . American Pathologists, 734 F.”
Nat'l Ass'n for Fixed Annuities v. United States Dep't of Labor, 217 F. Supp. 3d 1 (D.D.C. 2016). “§ 2176 (a)(1) (authorizing “reasonable compensation” for professional services rendered to the Financial Oversight and Management Board for Puerto Rico); 42 U.S.C. § 1395xx(a)(2)(B) (authorizing “reasonable compensation” for medical services under Medicare); 49 U.”
Cent. States, Se. & Sw. Areas Health & Welfare Fund v. Pathology Labs. of Arkansas, P.A., 71 F.3d 1251 (7th Cir. 1995). “See 42 U.S.C. § 1395xx(a)(l), 42 C.F.R. § 405.”
Minnesota Ass'n of Nurse Anesthetists v. Unity Hosp., 208 F.3d 655 (8th Cir. 2000). “See 42 U.S.C. § 1395xx; 42 C.F.R. § 415.110 .”
Arizona Soc'y of Pathologists v. Arizona Health Care Cost Containment Sys. Admin., 38 P.3d 1218 (Ariz. Ct. App. 2002). “42 U.S.C. § 1395xx(a)(l) (1994); 42 C.F.R.”
Minnesota Ass'n of Nurse Anesthetists v. Allina Health Sys. Corp., 276 F.3d 1032 (8th Cir. 2002). “324 , 337 (codified as amended at 42 U.S.C. § 1395xx(a)(l) (1994)). The regulations were to establish criteria for distinguishing between services rendered by a physician to an individual patient, which could be reimbursed on a reasonable charge basis, and services rendered to…”
Coll. of Am. Pathologists v. Margaret M. Heckler, Sec'y, Dep't of Health & Human Servs., 734 F.2d 859 (D.C. Cir. 1984). “1887(a)(1) of the Medicare Act [42 U.S.C. § 1395xx(a)(1)] (hereafter referred to as Section 1887 or the TEFRA amendment).”
Universirty of Kentucky v. Shalala, 858 F. Supp. 639 (E.D. Ky. 1994). “42 U.S.C. § 1395xx(a). In enacting this statute, Congress noted that the distinction between services reimbursable under Part A and those reimbursable under Part B had never been uniformly implemented, especially with respect to “hospital-based” physicians who perform teaching,…”
MN Assoc. of Nurse v. Unity Hosp. (8th Cir. 2000). “See 42 U.S.C. § 1395xx; 42 C.F.R. § 415.110 .”
— 42 U.S.C. § 1395xx(a) — 1 case
Universirty of Kentucky v. Shalala, 858 F. Supp. 639 (E.D. Ky. 1994). “42 U.S.C. § 1395xx(a). In enacting this statute, Congress noted that the distinction between services reimbursable under Part A and those reimbursable under Part B had never been uniformly implemented, especially with respect to “hospital-based” physicians who perform teaching,…”
— 42 U.S.C. § 1395xx(a)(1) — 1 case
Coll. of Am. Pathologists v. Margaret M. Heckler, Sec'y, Dep't of Health & Human Servs., 734 F.2d 859 (D.C. Cir. 1984). “1887(a)(1) of the Medicare Act [42 U.S.C. § 1395xx(a)(1)] (hereafter referred to as Section 1887 or the TEFRA amendment).”
— 42 U.S.C. § 1395xx(a)(2)(B) — 1 case
Nat'l Ass'n for Fixed Annuities v. United States Dep't of Labor, 217 F. Supp. 3d 1 (D.D.C. 2016). “§ 2176 (a)(1) (authorizing “reasonable compensation” for professional services rendered to the Financial Oversight and Management Board for Puerto Rico); 42 U.S.C. § 1395xx(a)(2)(B) (authorizing “reasonable compensation” for medical services under Medicare); 49 U.”
— 42 U.S.C. § 1395xx(a)(l) — 4 cases
Humana, Inc., D/B/A Humana Hosp. San Antonio, Plaintiff-Counter v. Avram A. Jacobson, M.D., P.A., Defendant-Counter, 804 F.2d 1390 (5th Cir. 1986). “at 860-61 ; 42 U.S.C. § 1395xx(a)(l) (1982). 5 . American Pathologists, 734 F.”
Cent. States, Se. & Sw. Areas Health & Welfare Fund v. Pathology Labs. of Arkansas, P.A., 71 F.3d 1251 (7th Cir. 1995). “See 42 U.S.C. § 1395xx(a)(l), 42 C.F.R. § 405.”
Arizona Soc'y of Pathologists v. Arizona Health Care Cost Containment Sys. Admin., 38 P.3d 1218 (Ariz. Ct. App. 2002). “42 U.S.C. § 1395xx(a)(l) (1994); 42 C.F.R.”
Minnesota Ass'n of Nurse Anesthetists v. Allina Health Sys. Corp., 276 F.3d 1032 (8th Cir. 2002). “324 , 337 (codified as amended at 42 U.S.C. § 1395xx(a)(l) (1994)). The regulations were to establish criteria for distinguishing between services rendered by a physician to an individual patient, which could be reimbursed on a reasonable charge basis, and services rendered to…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.