[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3247 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3247

 To amend title XI of the Social Security Act to provide a safe harbor 
  under the anti-kickback statute for hospital restocking of certain 
                     ambulance drugs and supplies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1998

 Mr. Ney (for himself, Mr. LaTourette, Mr. Hobson, Mr. Brown of Ohio, 
Mr. Sawyer, and Mr. Hall of Ohio) introduced the following bill; which 
   was referred to the Committee on Commerce, and in addition to the 
Committee on Ways and Means, 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 XI of the Social Security Act to provide a safe harbor 
  under the anti-kickback statute for hospital restocking of certain 
                     ambulance drugs and supplies.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Safety Act of 1998''.

SEC. 2. SAFE HARBOR UNDER THE ANTI-KICKBACK STATUTE FOR HOSPITAL 
              RESTOCKING OF CERTAIN AMBULANCE DRUGS AND SUPPLIES.

    (a) In General.--Section 1128B(b)(3) of the Social Security Act (42 
U.S.C. 1320a-7b(b)(3)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(G) any remuneration from a hospital to an ambulance 
        provider if--
                    ``(i) the ambulance provider is owned or operated 
                (I) by a State or local government agency or (II) by an 
                organization that is described in paragraph (3) or (4) 
                of section 501(c) of the Internal Revenue Code of 1986 
                and that is exempt from taxation under section 501(a) 
                of such Code;
                    ``(ii) the remuneration is in the form of the 
                replenishment of drugs or supplies, or both, used by 
                the ambulance provider during the transport of a 
                patient to the hospital; and
                    ``(iii) the remuneration is not determined in a 
                manner that takes into account the volume or value of 
                any referrals or business otherwise generated between 
                the parties for which payment may be made in whole or 
                part under a Federal health care program.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to remuneration provided on or after the date of the enactment of 
this Act.
                                 <all>