P.L. 111–192, Approved June 25, 2010 (124 Stat. 1280)
Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010
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SECTION 1. [42 U.S.C. 1305 note] (a) Short Title.— This Act may be cited as the “Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010”.
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SEC. 102. [42 U.S.C. 1395ww note] CLARIFICATION OF 3–DAY PAYMENT WINDOW
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(c) No reopening of Previously Bundled Claims.—
(1) In general.—The Secretary of Health and Human Services may not reopen a claim, adjust a claim, or make a payment pursuant to any request for payment under title XVIII of the Social Security Act, submitted by an entity (including a hospital or an entity wholly owned or operated by the hospital) for services described in paragraph (2) for purposes of treating, as unrelated to a patient’s inpatient admission, services provided during the 3 days (or, in the case of a hospital that is not a subsection (d) hospital, during the 1 day) immediately preceding the date of the patient’s inpatient admission.
(2) Services described.—For purposes of paragraph (1), the services described in this paragraph are other services related to the admission (as described in section 1886(a)(4) of the Social Security Act (42 U.S.C. 1395ww(a)(4)), as amended by subsection (a)) which were previously included on a claim or request for payment submitted under part A of title XVIII of such Act for which a reopening, adjustment, or request for payment under part B of such title, was not submitted prior to the date of the enactment of this Act.
(d) Implementation.—Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of this section (and amendments made by this section) by program instruction or otherwise.
(e) Rule of Construction.—Nothing in the amendments made by this section shall be construed as changing the policy described in section 1886(a)(4) of the Social Security Act (42 U.S.C. 1395ww(a)(4)), as applied by the Secretary of Health and Human Services before the date of the enactment of this Act, with respect to diagnostic services.
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[Internal References.—SSAct §1886 (heading) and §1886(d)(7)(C) have footnotes referring to P.L. 111-192.]