omnibus budget reconciliation act of 1989 was enacted to

‘(J) section 6050H(d) relating to returns relating to mortgage interest received in trade or business from individuals). (3) Paragraph (3) of section 147(c) is amended by inserting a comma after ‘mass commuting facility’ each place it appears. 6215. By no later than July 1, 1991, the Comptroller General shall submit a report to Congress on such study and shall make such recommendations as the Comptroller General deems appropriate. Sec. ‘(1) IN GENERAL- This section shall not apply to any disposition described in paragraph (1), (3), or (4) of section 4978(d). ‘(A) by an organization with a contract under section 1876 to an individual enrolled with the organization, ‘(B) by an organization described in section 1833(a)(1)(A) to an individual enrolled with the organization, or. The Secretary of Health and Human Services may not, on or after the date of the enactment of this Act and before May 1, 1990, recoup from, or otherwise reduce payments to, hospitals in the State of Massachusetts because of alleged overpayments to such hospitals under part A of title XVIII of the Social Security Act which occurred during the period of the statewide hospital reimbursement demonstration project conducted in that State between October 1, 1982, and June 30, 1986, under section 402 of the Social Security Amendments of 1967 and section 222 of the Social Security Amendments of 1972. 7647. 09/27/89 On agreeing to the Anderson amendment (A003) Agreed to by recorded vote: 305 - 116 (Roll no. 1445b-2(a)(2)(G)) is amended--, (A) by inserting after ‘subsection’ the following: ‘(taking into consideration any reduction in the payment made under section 425)’; and. 1395m(a)(2)(A)) is amended--. In the intervening time subsequent legislation may have amended or repealed the provisions below. (a) AMENDMENTS RELATED TO SECTION 1113 OF THE REFORM ACT-, (1) Section 203(a)(2) of ERISA is amended--, (A) by striking ‘following’ the first place it appears, and. (a) DELAY IN EFFECTIVE DATE IN PHYSICIAN INCENTIVE RULES- Section 9313(c)(2)(B) of the Omnibus Budget Reconciliation Act of 1986, as amended by section 4016 of the Omnibus Budget Reconciliation Act of 1987, is amended by striking ‘April 1, 1990’ and inserting ‘April 1, 1991’. (b) COVERAGE OF SOCIAL WORKER SERVICES- Section 1861(aa)(1)(B) of such Act (42 U.S.C. (B) by striking ‘section 408(c) of such Code’ and inserting ‘section 408(c) of the Internal Revenue Code of 1986’. 2278b-5(b)), to each of the institutions of the Farm Credit System that purchased stock in the Financial Assistance Corporation under section 6.29 of the Farm Credit Act of 1971, four annual payments as provided in this subsection. ‘(i) subject to paragraph (3), a statement of the goals and objectives consistent with the health status goals and national health objectives referred to in section 501(a) for meeting the needs specified in the State plan described in subparagraph (A); ‘(ii) an identification of the areas and localities in the State in which services are to be provided and coordinated; ‘(iii) an identification of the types of services to be provided and the categories or characteristics of individuals to be served; and. Sec. 6105. (2) Section 1834 of such Act (42 U.S.C. 10406. LIMITATION ON DEDUCTION FOR CERTAIN INTEREST PAID TO RELATED PERSON. Sec. ‘(A) DISQUALIFIED SEPARATELY COMPUTED INCOME- The term ‘disqualified separately computed income’ means the portion of the separately computed taxable income of the subsidiary which does not exceed the dividends distributed by the subsidiary during the taxable year on applicable preferred stock. Such term also includes any form, statement, or schedule required to be furnished to the recipient of any amount from which tax was required to be deducted and withheld under chapter 3 (or from which tax would be required to be so deducted and withheld but for an exemption under this title or any treaty obligation of the United States). (1) the necessity and appropriateness of using an assistant at surgery; (2) the use of physician and non-physician assistants at surgery; (3) the appropriateness of providing for payments, and the appropriate level of payment, under title XVIII of the Social Security Act for assistants at surgery; and. ‘(II) to which paragraph (2) would apply but for subparagraph (B) thereof. CHANGES IN THE SUPPLEMENTAL LOANS FOR STUDENTS PROGRAM. 101-239, H.R. ‘(ii) the due date (determined with regard to extensions) for the contributing partner’s return of the tax imposed by this chapter for the taxable year in which the distribution described in subparagraph (A) occurs. ‘(B) DIVISION OF SPECIALTY BY COMPONENT- The Secretary shall determine the average percentage division of resources, among the work component, the practice expense component, and the malpractice component, used by physicians in each of such specialties in furnishing physicians’ services. (2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply to items and services furnished on or after October 1, 1989. ’. (b) REPORTING OF CERTAIN ACQUISITIONS OR RECAPITALIZATIONS-. 1395cc(a)(1)) is amended--. (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (1) by amending the heading to read as follows: (2) by inserting ‘(a)’ after ‘SEC. (1) Paragraph (5) of section 168(b) is amended by striking ‘paragraph (2)(B)’ and inserting ‘paragraph (2)(C)’. ‘(2) MEMBERSHIP- The members of any peer review group established under this section shall be appointed from among individuals who are not officers or employees of the United States and who by virtue of their training or experience are eminently qualified to carry out the duties of such peer review group. You’ve cast your vote. (3) DIFFERENTIAL FOR PARTICIPATING PHYSICIANS- Effective for physicians’ services furnished on or after January 1, 1992, the first sentence of section 1842(b)(4)(A)(iv) of such Act (42 U.S.C. ). (9) Section 9312(d)(1) of the Pension Protection Act is amended by striking ‘section 4041(c)’ and inserting ‘section 4041’. Before implementing group-specific performance standard rates of increase, the Secretary shall provide for notice and comment in the Federal Register and consult with organizations representing physicians. ‘(i) the State has designated or plans to designate as an essential access community hospital under subsection (b)(1)(C), ‘(ii) is classified by the Secretary as rural a referral center under section 1886(d)(5)(C), or, ‘(iii) is located in an urban area and meets the criteria for classification as a regional referral center under such section, and, ‘(B) at least 1 facility that the State has designated or plans to designate as a rural primary care hospital, and, ‘(2) the members of which have entered into agreements regarding--, ‘(B) the development and use of communications systems, including (where feasible) telemetry systems and systems for electronic sharing of patient data, and. (A) The National Center for Health Services Research and Health Care Technology Assessment is terminated, and part A of title III of the Public Health Service Act (42 U.S.C. (B) The term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (1) The subsection (f) of section 2503 added by section 1018 of the 1988 Act is redesignated as subsection (g). ‘(C) SPECIAL RULE FOR ANESTHESIA SERVICES- With respect to physicians’ services which are anesthesia services, the Secretary shall provide for a transition in the same manner as a transition is provided for other services under subparagraph (B). ‘(A) IN GENERAL- No Federal income tax benefit shall fail to be allowable to the taxpayer with respect to any qualified low-income building merely by reason of a right of 1st refusal held by the tenants of such building to purchase the property after the close of the compliance period for a price which is not less than the minimum purchase price determined under subparagraph (B). (a) IN GENERAL- Section 209 of the Social Security Act (42 U.S.C. (3) CORRECTION OF REFERENCES- Subsections (a)(3)(C) and (b)(3)(C)(i) of section 1925 of the Social Security Act (42 U.S.C. (A) Except as provided in subparagraph (B), the amendments made by this subsection shall apply to loans made on or after January 1, 1990, and before October 1, 1991. (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to interests created or acquired after July 27, 1989, in taxable years ending after such date. Found inside – Page 499L. 101-508 effective as if included in the enactment of the Omnibus Budget Reconciliation Act of 1989 , Pub . L. 101-239 , see section 4704 ( f ) of Pub . REVISION OF ACCURACY-RELATED PENALTIES. Although the Reagan administration predicted that the combination of spending and tax cuts would reduce the federal deficit, the deficit exploded under Reagan. ‘(B) In carrying out activities described in section 501(a)(3)(D), the Secretary shall not provide for developing or expanding a maternal and child health center unless the Secretary has received satisfactory assurances that there will be applied, towards the costs of such development or expansion, non-Federal funds in an amount at least equal to the amount of funds provided under this title toward such development or expansion.’; and, (4) in subsection (c), as redesignated by paragraph (2)--, (A) by striking ‘$478,000,000’ and inserting ‘$600,000,000’, and. (a) IN GENERAL- Section 149 (relating to bonds must be registered to be tax-exempt; other requirements) is amended by adding at the end thereof the following new subsection: ‘(1) IN GENERAL- Section 103(a) shall not apply to any hedge bond unless, with respect to the issue of which such bond is a part--, ‘(A) the requirement of paragraph (2) is met, and. ‘(iv) to post conspicuously (in a form specified by the Secretary) information indicating whether or not the hospital participates in the medicaid program under a State plan approved under title XIX, and’. (4) OWNER-OCCUPIED BUILDINGS HAVING 4 OR FEWER UNITS ELIGIBLE FOR CREDIT WHERE DEVELOPMENT PLAN- Section 42(i)(3) (defining low-income unit), as amended by subtitle H, is amended by adding at the end thereof the following new subparagraph: ‘(E) OWNER-OCCUPIED BUILDINGS HAVING 4 OR FEWER UNITS ELIGIBLE FOR CREDIT WHERE DEVELOPMENT PLAN-. The Omnibus Budget Reconciliation Act of 1990 ( OBRA-90; Pub.L. ‘(C) the arrangement meets such other requirements as the Secretary may impose by regulation as needed to protect against program or patient abuse. (III) for which a tender offer was filed with the Securities and Exchange Commission on or before July 10, 1989, (ii) the term of such instrument is not greater than--, (I) the term specified in the written documents described in clause (iii), or, (II) if no term is determined under subclause (I), 10 years, and, (iii) the use of such instrument in connection with such acquisition (and the maximum amount of proceeds from such instrument) was determined on or before July 10, 1989, and such determination is evidenced by written documents--, (I) which were transmitted on or before July 10, 1989, between the issuer and any governmental regulatory bodies or prospective parties to the issuance or acquisition, and. ‘(C)(i) The Board shall consider the application of any subsection (d) hospital requesting that the Secretary change the hospital’s geographic classification for purposes of determining for a fiscal year--, ‘(I) the hospital’s average standardized amount under paragraph (2)(D), or. Subtitle A--Extension of Expiring Tax Provisions. 7103. ‘(5) INTERESTED INVESTOR; DISINTERESTED INVESTOR- The term ‘interested investor’ means, with respect to an entity, an investor who is a physician in a position to make or to influence referrals or business to the entity (or who is an immediate family member of such an investor), and the term ‘disinterested investor’ means an investor other than an interested investor. Treatment of Rowan decision under railroad retirement taxes. (A) by redesignating paragraphs (1) through (9) of subsection (a) as subparagraphs (A) through (I), respectively; (B) by redesignating clauses (1) through (3) of subsection (b) as clauses (A) through (C), respectively; (C) by redesignating clauses (1) through (9) of subsection (e) as clauses (A) through (I), respectively; (D) by redesignating paragraphs (1) and (2) of subsection (f) as subparagraphs (A) and (B), respectively; (E) by redesignating paragraphs (1), (2), and (3) of subsection (g) as subparagraphs (A), (B), and (C), respectively; (F) in subsection (h), by redesignating clauses (i), (ii), and (iii) as clauses (I), (II), and (III), respectively, by redesignating subparagraphs (A) and (B) of paragraph (2) as clauses (i) and (ii), respectively, and by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (G) by redesignating paragraphs (1) and (2) of subsection (1) as subparagraphs (A) and (B), respectively; (H) by redesignating paragraphs (1) and (2) of subsection (m) as subparagraphs (A) and (B), respectively; (I) by redesignating paragraphs (1) and (2) of subsection (p) as subparagraphs (A) and (B), respectively; (J) by redesignating subsections (a), (b), (d), (e), (f), (g), (h), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), and (t) (in the matter preceding subsection (k) added by subsection (a) of this section, and as amended by the preceding provisions of this paragraph) as paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (18), respectively; (K) by inserting ‘(a)’ after ‘Sec. (a) IN GENERAL- Section 202(q)(3) of the Social Security Act (42 U.S.C. Increase in penalty for fraudulent failure to file. ‘(A) a description of each project receiving funding under paragraph (2) or (3) of section 502(a), including the amount of Federal funds provided, the number of individuals served or trained, as appropriate, under the project, and a summary of any formal evaluation conducted with respect to the project; ‘(B) a summary of the information described in paragraph (2)(A) reported by States; ‘(C) based on information described in paragraph (2)(B) supplied by the States under paragraph (1), a compilation of the following measures of maternal and child health in the United States and in each State: ‘(II) the rate of low-birth-weight births. ‘(2) The election under paragraph (1) may be made at any time, but an opportunity to make such an election shall in any event be given, to every individual who is an applicant for benefits under this title on the basis of disability by reason of blindness, at the time of his or her application. (C) by adding at the end the following new subparagraphs: ‘(D) The notification under subparagraph (A) with respect to services or items disapproved by reason of paragraph (1)(B) shall not occur until after--, ‘(i) the organization has notified the practitioner or provider involved of the determination and of the practitioner’s or provider’s right to a formal reconsideration of the determination under section 1155, and. (2) The paragraph (3) of section 146(g) added by section 6180 of the 1988 Act is redesignated as paragraph (4). ‘In the case of a failure by any person to comply with a specified information reporting requirement on or before the time prescribed therefor, such person shall pay a penalty of $50 for each such failure, but the total amount imposed on such person for all such failures during any calendar year shall not exceed $100,000. 5002. SEC. Exclusion of accrued income with respect to purchase of certain burial spaces. H.R. ‘(ii) the product of the issue price of such instrument (as defined in sections 1273(b) and 1274(a)) and its yield to maturity. (iii) any final rule shall not be effective prior to October 1, 1990, or 30 days after publication of the final rule in the Federal Register, whichever is later. (c) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to determinations for quarters beginning on or after the date of the enactment of this Act. Sec. ‘(ii) PROJECT PERIOD- For purposes of clause (i), the term ‘project period’ means the period--, ‘(I) beginning with the 1st calendar year for which an allocation may be made for the 1st building placed in service as part of such project, and, ‘(II) ending with the calendar year the last building is placed in service as part of such project.’. (A) Section 9509 (relating to Oil Spill Liability Trust Fund) is amended by adding at the end thereof the following new subsection: ‘(f) REFERENCES TO COMPREHENSIVE OIL POLLUTION LIABILITY AND COMPENSATION ACT- For purposes of this section, references to the Comprehensive Oil Pollution Liability and Compensation Act shall be treated as references to any law enacted before December 31, 1990, which is substantially identical to subtitle E of title VI, or subtitle D of title VIII, of H.R. AMENDMENTS RELATED TO OMNIBUS BUDGET RECONCILIATION ACT OF 1986. Found inside – Page 57OMNIBUS BUDGET RECONCILIATION ACT OF 1989 Be it enacted by the Senate and House of Representatives of the United States of America in Congress as Assembled ... ‘(ii) for making medical assistance available for payment of medicare cost-sharing described in section 1905(p)(3)(A)(i) for qualified disabled and working individuals described in section 1905(s);’. (D) With respect to the nurse aide competency evaluation requirements described in sections 1819(b)(5)(A) and 1919(b)(5)(A) of the Social Security Act, a State may waive such requirements with respect to an individual who can demonstrate to the satisfaction of the State that such individual has served as a nurse aide at one or more facilities of the same employer in the State for at least 24 consecutive months before the date of the enactment of this Act. The process of incorporating a newly-passed piece of legislation into the Code is known as "classification" -- essentially a process of deciding where in the logical organization of the Code the various parts of the particular law belong. 7621. ‘(i) IN GENERAL- For purposes of this subsection, the term ‘excess interest expense’ means the excess (if any) of--, ‘(I) the corporation’s net interest expense, over. ‘Amounts payable under the preceding sentence with respect to uses during the taxable year shall be treated as described in section 34(a) for such year unless claim therefor has been timely filed under this paragraph. . ‘(iii) CONSULTATION- The Secretary, in making adjustments under clause (ii), shall consult with the Physician Payment Review Commission and organizations representing physicians. ‘(2) REPORTS TO ADMINISTRATOR- Each peer review group to which an application is submitted pursuant to paragraph (1) shall report its finding and recommendations respecting the application to the Administrator in such form and in such manner as the Administrator shall require. Such list (and any revision thereof) shall be published in the Federal Register. (5) CERTIFICATIONS WITH RESPECT TO 1ST YEAR OF CREDIT PERIOD- The amendment made by subsection (p) shall apply to taxable years ending on or after December 31, 1989. Rule for deeming to children the income and resources of their parents waived for certain disabled children. (A) Subparagraph (E) of section 42(h)(5) is amended by striking ‘subparagraph (E)’ and inserting ‘subparagraph (F)’. (a) MAINTENANCE OF CURRENT COMPOSITE RATE-, (1) IN GENERAL- Section 9335(a)(1) of the Omnibus Budget Reconciliation Act of 1986 is amended--, (A) by striking ‘and before October 1, 1988’ and inserting ‘and before October 1, 1990’, and. (A) the extent to which practice costs and malpractice costs vary by geographic locality (including region, State, Metropolitan Statistical Areas, or other areas and by specialty). (2) BINDING CONTRACT- The amendments made by this section shall not apply to any transfer pursuant to a written binding contract in effect on October 2, 1989, and at all times thereafter before such transfer. Sec. By not later than July 1, 1990, the Secretary shall submit a report to Congress on such study and shall include in the report such recommendations respecting the feasibility of establishing separate performance standards rates of increase in expenditures as the Secretary deems appropriate. (a) RECOGNITION OF COSTS OF CERTAIN HOSPITAL-BASED NURSING SCHOOLS-. 1395u(b)(3)) is amended--. (A) Effective for fiscal years beginning after fiscal year 1990, subsection (c) of section 1875 of the Social Security Act (42 U.S.C. ‘(3) SPECIFIED INFORMATION REPORTING REQUIREMENT- The term ‘specified information reporting requirement’ means--. 6217. INNER-CITY HOSPITAL TRIAGE DEMONSTRATION PROJECT. The preceding sentence shall not apply to any product in which any ozone-depleting chemical is used for purposes of refrigeration or air conditioning, creating an aerosol or foam, or manufacturing electronic components.
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