PUBLIC LAW 100-360—JULY 1, 1988
102 STAT. 721
(m) EFFECTIVE DATES.—
42 USC 1395U
(1) IN GENERAL.—Except as otherwise provided in this subsec- ^^ote. tion, the amendments made by this section shall apply to items dispensed on or after Jsinuary 1, 1990. (2) CARRIERS.—The amendments made by subsection (e) shall teike effect on the date of the enactment of this Act; except that the eunendments made by subsection (e)(5) shall take effect on January 1, 1991, but shall not be construed as requiring payment before February 1, 1991. (3) HMO/CMP ENROiXMENTS.—The amendment made by subsection (f) shall apply to enrollments effected on or after January 1, 1990. (4) DIAGNOSTIC CODING.—The amendment made by subsection (g) shall apply to services furnished after March 31, 1989. (5) TRANSITION.—With respect to administrative expenses (and costs of the Prescription Drug Pajmaent Review Commission) for periods before January 1, 1990, amounts otherwise payable from the Federal Catastrophic Drug Insurance Trust Fund shall be payable from the Federal Supplementary Medical Insurance Trust Fund and shall also be treated as a debit to the Medicare Catastrophic Coverage Account. SEC. 203. COVERAGE OF HOME INTRAVENOUS DRUG THERAPY SERVICES.
(a) IN GENERAL.—Section 1832(a)(2)(A) (42 U.S.C. 1395k(a)(2)(A)) is amended by inserting "and home intravenous drug therapy services" before the semicolon. (b) HOME INTRAVENOUS DRUG THERAPY SERVICES DEFINED.—Sec-
tion 1861 (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: "(jjXD The term 'home intravenous drug therapy services' means the items and services described in p a r g ^ a p h (2) furnished to an individual who is under the care of a physician— "(A) in a place of residence used as such individued's home; "(B) by a quedified home intravenous drug therapy provider (as defined in paragraph (3)) or by others under arrangements with them made by such provider; and "(C) under a plan established and periodically reviewed by a physician. "(2) The items and services described in this paragraph are such nursing, pharmacy, and related services (including medical supplies, intravenous fluids, delivery, and equipment) as are necessary to conduct safely and effectively an intravenously administered drug regimen through use of a covered home IV drug (as defined in subsection (t)(4)), but do not include such covered outpatient drugs. "(3) The term 'qualified home intravenous drug therapy provider' means any entity that the Secretary determines meets the following requirements: "(i) The entity is capable of providing or arranging for the items and services described in paragraph (2) and covered home IV drugs. "(ii) The entity maintains clinical records on all patients, "(iii) The entity adheres to written protocols and policies with respect to the provision of items and services. ' (iv) The entity makes services available (as needed) seven days a week on a 24-hour basis. (v) The entity coordinates all services with the patient's physician.
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