[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3126 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3126

    To amend title XVIII of the Social Security Act to restore the 
  nonapplicability of private contracts for the provision of Medicare 
                               benefits.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 1998

   Mr. Kleczka (for himself, Mr. Stark, Mr. Cardin, Mr. Matsui, Mr. 
   McDermott, Mr. Barrett of Wisconsin, Ms. Rivers, and Mr. Pallone) 
 introduced the following bill; which was referred to the Committee on 
  Ways and Means, and in addition to the Committee on Commerce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend title XVIII of the Social Security Act to restore the 
  nonapplicability of private contracts for the provision of Medicare 
                               benefits.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RESTORATION OF NONAPPLICABILITY OF PRIVATE CONTRACTS FOR THE 
              PROVISION OF MEDICARE BENEFITS.

    (a) In General.--Section 1802 of the Social Security Act (42 U.S.C. 
1395a(b)) is amended by striking subsection (b), as added by section 
4507(a) of the Balanced Budget Act of 1997, and inserting the following 
new subsection:
    ``(b) Prohibition on Private Contracts.--A provision of any 
contract, agreement, or other arrangement that provides for waiver of 
the claims submission requirement under paragraph (4) of section 
1848(g), for the waiver of the billing limitation described in 
paragraphs (1) and (2) of such section, or for both, is invalid and not 
enforceable.''.
    (b) Conforming Amendments.--
            (1) Section 1862(a) of the Social Security Act (42 U.S.C. 
        1395y(a)) is amended--
                    (A) by striking paragraph (19); and
                    (B) by redesignating paragraphs (20) and (21) as 
                paragraphs (19) and (20), respectively.
            (2) Subsection (b) of section 4507 of the Balanced Budget 
        Act of 1997 (relating to report) is repealed.
    (c) Effective Date.--The amendments made by subsection (a) and 
(b)(1) shall apply to items and services furnished on or after the date 
of the enactment of this Act, without regard to when a contract or 
other arrangement relating to the provision of such items or services 
may have been entered into.
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