
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1395z]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
        SUBCHAPTER XVIII--HEALTH INSURANCE FOR AGED AND DISABLED
 
                    Part D--Miscellaneous Provisions
 
Sec. 1395z. Consultation with State agencies and other 
        organizations to develop conditions of participation for 
        providers of services
        
    In carrying out his functions, relating to determination of 
conditions of participation by providers of services, under subsections 
(e)(9), (f)(4), (j)(15),\1\ (o)(6), (cc)(2)(I), and \2\ (dd)(2), and 
(mm)(1) of section 1395x of this title, or by ambulatory surgical 
centers under section 1395k(a)(2)(F)(i) of this title, the Secretary 
shall consult with appropriate State agencies and recognized national 
listing or accrediting bodies, and may consult with appropriate local 
agencies. Such conditions prescribed under any of such subsections may 
be varied for different areas or different classes of institutions or 
agencies and may, at the request of a State, provide higher requirements 
for such State than for other States; except that, in the case of any 
State or political subdivision of a State which imposes higher 
requirements on institutions as a condition to the purchase of services 
(or of certain specified services) in such institutions under a State 
plan approved under subchapter I, XVI, or XIX of this chapter, the 
Secretary shall impose like requirements as a condition to the payment 
for services (or for the services specified by the State or subdivision) 
in such institutions in such State or subdivision.
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    \1\ See References in Text note below.
    \2\ So in original. The word ``and'' probably should not appear.
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(Aug. 14, 1935, ch. 531, title XVIII, Sec. 1863, as added Pub. L. 89-97, 
title I, Sec. 102(a), July 30, 1965, 79 Stat. 325; amended Pub. L. 92-
603, title II, Sec. 234(g)(2), Oct. 30, 1972, 86 Stat. 1413; Pub. L. 96-
499, title IX, Secs. 933(f), 934(c)(1), Dec. 5, 1980, 94 Stat. 2636, 
2639; Pub. L. 97-248, title I, Sec. 122(g)(2), Sept. 3, 1982, 96 Stat. 
362; Pub. L. 98-369, div. B, title III, Secs. 2335(c), 2349(b)(1), 
2354(b)(32), July 18, 1984, 98 Stat. 1090, 1097, 1102; Pub. L. 100-360, 
title II, Secs. 203(e)(2), 204(c)(1), July 1, 1988, 102 Stat. 725, 728; 
Pub. L. 101-234, title II, Sec. 201(a), Dec. 13, 1989, 103 Stat. 1981; 
Pub. L. 101-239, title VI, Sec. 6003(g)(3)(C)(ii), Dec. 19, 1989, 103 
Stat. 2152; Pub. L. 101-508, title IV, Sec. 4163(c)(1), Nov. 5, 1990, 
104 Stat. 1388-99; Pub. L. 103-432, title I, Sec. 145(c)(2), Oct. 31, 
1994, 108 Stat. 4427.)

                       References in Text

    Subsection (j) of section 1395x of this title, referred to in text, 
was amended generally by Pub. L. 100-203, title IV, Sec. 4201(a)(1), 
Dec. 22, 1987, 101 Stat. 1330-160, and, as so amended, does not contain 
a par. (15).


                               Amendments

    1994--Pub. L. 103-432 struck out ``or whether screening mammography 
meets the standards established under section 1395m(c)(3) of this 
title,'' before ``the Secretary shall consult''.
    1990--Pub. L. 101-508 inserted ``or whether screening mammography 
meets the standards established under section 1395m(c)(3) of this 
title,'' after ``section 1395k(a)(2)(F)(i) of this title,''.
    1989--Pub. L. 101-239 substituted ``(jj)(3), and (mm)(1)'' for ``and 
(jj)(3)''.
    Pub. L. 101-234 repealed Pub. L. 100-360, Secs. 203(e)(2), 
204(c)(1), and provided that the provisions of law amended or repealed 
by such sections are restored or revived as if such sections had not 
been enacted, see 1988 Amendment notes below.
    1988--Pub. L. 100-360, Sec. 204(c)(1), inserted ``or whether 
screening mammography meets the standards established under section 
1395m(e)(3) of this title,'' after ``1395k(a)(2)(F)(i) of this title,''.
    Pub. L. 100-360, Sec. 203(e)(2), substituted ``(dd)(2), and 
(jj)(3)'' for ``and (dd)(2)''.
    1984--Pub. L. 98-369, Sec. 2335(c), struck out ``(g)(4),'' after 
``(e)(9), (f)(4),''.
    Pub. L. 98-369, Sec. 2354(b)(32), substituted ``(j)(15)'' for 
``(j)(11)''.
    Pub. L. 98-369, Sec. 2349(b)(1), substituted ``appropriate State 
agencies'' for ``the Health Insurance Benefits Advisory Council 
established by section 1395dd of this title, appropriate State 
agencies,''.
    1982--Pub. L. 97-248 substituted ``(cc)(2)(I), and (dd)(2)'' for 
``and (cc)(2)(I)''.
    1980--Pub. L. 96-499, Sec. 933(f), substituted ``(o)(6), and 
(cc)(2)(I) of section 1395x'' for ``and (o)(6) of section 1395x''.
    Pub. L. 96-499, Sec. 934(c)(1), inserted ``or by ambulatory surgical 
centers under section 1395k(a)(2)(F)(i) of this title,''.
    1972--Pub. L. 92-603 substituted ``subsections (e)(9), (f)(4), 
(g)(4), (j)(11), and (o)(6) of section 1395x of this title'' for 
``subsections (e)(8), (f)(4), (g)(4), (j)(10), and (o)(5) of section 
1395x of this title''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-432 applicable to mammography furnished by 
a facility on and after the first date that the certificate requirements 
of section 263b(b) of this title apply to such mammography conducted by 
such facility, see section 145(d) of Pub. L. 103-432, set out as a note 
under section 1395m of this title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 applicable to screening mammography 
performed on or after Jan. 1, 1991, see section 4163(e) of Pub. L. 101-
508, set out as a note under section 1395l of this title.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-234 effective Jan. 1, 1990, see section 
201(c) of Pub. L. 101-234, set out as a note under section 1320a-7a of 
this title.


                    Effective Date of 1988 Amendment

    Amendment by section 203(e)(2) of Pub. L. 100-360 applicable to 
items and services furnished on or after Jan. 1, 1990, see section 
203(g) of Pub. L. 100-360, set out as a note under section 1320c-3 of 
this title.
    Amendment by section 204(c)(1) of Pub. L. 100-360 applicable to 
screening mammography performed on or after Jan. 1, 1990, see section 
204(e) of Pub. L. 100-360, set out as a note under section 1395m of this 
title.


                    Effective Date of 1984 Amendment

    Amendment by section 2335(c) of Pub. L. 98-369 effective July 18, 
1984, see section 2335(g) of Pub. L. 98-369, set out as a note under 
section 1395f of this title.
    Amendment by section 2349(b)(1) of Pub. L. 98-369 effective July 18, 
1984, see section 2349(c) of Pub. L. 98-369, set out as a note under 
section 907a of this title.
    Amendment by section 2354(b)(32) of Pub. L. 98-369 effective July 
18, 1984, but not to be construed as changing or affecting any right, 
liability, status, or interpretation which existed (under the provisions 
of law involved) before that date, see section 2354(e)(1) of Pub. L. 98-
369, set out as a note under section 1320a-1 of this title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-248 applicable to hospice care provided on 
or after Nov. 1, 1983, see section 122(h)(1) of Pub. L. 97-248, as 
amended, set out as a note under section 1395c of this title.


                    Effective Date of 1980 Amendment

    Amendment by section 933(f) of Pub. L. 96-499 effective with respect 
to a comprehensive outpatient rehabilitation facility's first accounting 
period beginning on or after July 1, 1981, see section 933(h) of Pub. L. 
96-499, set out as a note under section 1395k of this title.


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-603 applicable with respect to providers of 
services for fiscal years beginning after the fifth month following 
October 1972, see section 234(i) of Pub. L. 92-603, set out as a note 
under section 1395x of this title.


                    Termination of Advisory Councils

    Advisory councils in existence on Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period following Jan. 5, 1973, 
unless, in the case of a council established by the President or an 
officer of the Federal Government, such council is renewed by 
appropriate action prior to the expiration of such 2-year period, or in 
the case of a council established by the Congress, its duration is 
otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, 
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, 
Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 1395bb of this title; title 
45 section 231f.
