gardless of its admissibility in a court of
law, and
‘‘(v) to submit a written statement at
the close of the hearing, and
‘‘(D) upon completion of the hearing, the
physician has the right—
‘‘(i) to receive the written rec-
ommendation of the arbitrator, officer, or
panel, including a statement of the basis
for the recommendations, and
‘‘(ii) to receive a written decision of
the health services organization, including
a statement of the basis for the decision.
‘‘(c) RULE OF CONSTRUCTION.—A health services or-
ganization’s failure to meet the conditions described in
paragraphs (2) through (4) of subsection (b) shall not, in
itself, constitute failure to meet the standards of sub-
section (a).’’.
SEC. 8. DEFINITIONS.
Section 431(6) of the Health Care Quality Improve-
ment Act of 1986, as redesignated by section 3(b)(1) of
this Act, is amended by inserting before the period the
following: ‘‘(except that such term means an institution
described in such paragraph (1) (without regard to such
paragraph (7)) if, under applicable State or local law, the
institution is permitted to operate without being licensed
or otherwise approved as a hospital)’’.
SEC. 9. EFFECTIVE DATES.
(a) INCORPORATION OF TEXT OF AMENDMENTS.—
The amendments described in this Act are made upon the
date of the enactment of this Act.
(b) SUBSTANTIVE EFFECT.—Except as provided in
subsection (c)(1) and subsection (d), and except as other-
wise provided in this Act—
(1) the amendments made by this Act take ef-
fect upon the expiration of the 1-year period begin-
ning on the date of the enactment of this Act; and
(2) prior to the expiration of such period, the
Health Care Quality Improvement Act of 1986, as
in effect on the day before such date of enactment,
continues in effect.
(c) REGULATIONS.—
(1) IN GENERAL.—With respect to the amend-
ments made by this Act, the Secretary of Health
and Human Services may issue regulations pursuant
to such amendments before the expiration of the pe-
riod specified in subsection (b), and may otherwise
take appropriate action before the expiration of such
period to prepare for the responsibilities of the Sec-
retary pursuant to the amendments.
(2) ABSENCE OF FINAL RULE.—The final rule
for purposes of paragraph (1) may not take effect
before the expiration of the period specified in sub-
section (b), and the absence of such a rule upon
such expiration does not affect the provisions of sub-
section (b).
(d) TRANSITIONAL PROVISIONS REGARDING MAL-
PRACTICE PAYMENTS BY PERSONS.—With respect to the
reporting of information under section 421 of the Health
Care Quality Improvement Act of 1986, the following ap-
plies:
(1) The requirement of reporting by persons
under section 421(a)(1) of such Act (as amended by
section 3(a) of this Act) takes effect 180 days after
the date of the enactment of this Act.
(2) The requirement of reporting by persons
applies to payments under such section 421(a)(1)
made before, on, or after such date of enactment.
(3)(A) The information received by the Sec-
retary of Health and Human Services on or before
August 27, 1993, pursuant to regulations requiring
reports from persons (in addition to reports from en-
tities) shall be maintained in the same manner as
the information was maintained prior to such date,
and shall be available in accordance with the regula-
tions in effect under such Act prior to such date
(which regulations remain in effect unless a provi-
sion of this Act takes effect pursuant to this section
and requires otherwise).
(B) Subparagraph (A) takes effect on the date
of the enactment of this Act.
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