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42 U.S.C. § 1320a–3aDisclosure requirements for other providers under part B of Medicare

submitted 91 years ago by Pub. L. 101-508 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 591 words · no verdicts yet

in plain englishAI-generated · not legal advice

A Part B provider generally cannot receive payment unless it discloses ownership, management, identifying-number, and sanctions information. Providers must update the information within 180 days, and the Social Security and Treasury Departments must verify the identifying numbers.

(a) Disclosure required for payment. Part B of subchapter XVIII may not pay for items or services from a disclosing Part B provider unless the provider gives the Secretary full and complete information: (1) identifying every person with an ownership or control interest in the provider or in a subcontractor in which the provider directly or indirectly owns at least 5 percent; (2) for each identified person and each managing employee, identifying other entities providing items or services payable under subchapter XVIII in which that person had such an interest when the information was supplied or at any time in the previous three years, and stating whether penalties, assessments, or exclusions were imposed on that person under sections 1320a–7, 1320a–7a, or 1320a–7b; and (3) giving the employer identification number and Social Security account number of the provider and every person, managing employee, or other entity identified under paragraphs (1) or (2). (b) Updates. The provider must tell the Secretary about changes or updates to subsection (a) information within 180 days after they take effect. (c) Verification. (1) The Secretary must send Social Security account-number information to the Commissioner of Social Security and employer-identification-number information to the Treasury Secretary, to the extent needed for paragraph (2) verification, including information supplied under subsection (a)(3) or section 1320a–3(c). (2) Those officials must verify or correct the information and report the verification or correction to the Secretary. (3) The Secretary must reimburse each official at a negotiated rate for verification and correction costs. (d) Definitions. “Disclosing Part B provider” means an entity receiving assignment-related payment, or for subsection (a)(3) any payment, for Part B items or services, but not an entity described in section 1320a–3(a)(2). “Managing employee” means a provider person described in section 1320a–5(b). “Person with an ownership or control interest” means a person described in section 1320a–3(a)(3), or a person with one of the provider’s five largest direct or indirect ownership or control interests.
the actual law source: uscode.house.gov ↗public domain
(a) Disclosure required to receive payment

No payment may be made under part B of subchapter XVIII for items or services furnished by any disclosing part B provider unless such provider has provided the Secretary with full and complete information—

(1)

on the identity of each person with an ownership or control interest in the provider or in any subcontractor (as defined by the Secretary in regulations) in which the provider directly or indirectly has a 5 percent or more ownership interest;

(2)

with respect to any person identified under paragraph (1) or any managing employee of the provider—

(A)

on the identity of any other entities providing items or services for which payment may be made under subchapter XVIII with respect to which such person or managing employee is a person with an ownership or control interest at the time such information is supplied or at any time during the 3-year period ending on the date such information is supplied, and

(B)

as to whether any penalties, assessments, or exclusions have been assessed against such person or managing employee under section 1320a–7, 1320a–7a, or 1320a–7b of this title; and

(3)

including the employer identification number (assigned pursuant to section 6109 of the Internal Revenue Code of 1986) and social security account number (assigned under section 405(c)(2)(B) of this title) of the disclosing part B provider and any person, managing employee, or other entity identified or described under paragraph (1) or (2).

(b) Updates to information supplied

A disclosing part B provider shall notify the Secretary of any changes or updates to the information supplied under subsection (a) not later than 180 days after such changes or updates take effect.

(c) Verification
(1) Transmittal by HHS

The Secretary shall transmit—

(A)

to the Commissioner of Social Security information concerning each social security account number (assigned under section 405(c)(2)(B) of this title), and

(B)

to the Secretary of the Treasury information concerning each employer identification number (assigned pursuant to section 6109 of the Internal Revenue Code of 1986),

supplied to the Secretary pursuant to subsection (a)(3) or section 1320a–3(c) 1 of this title to the extent necessary for verification of such information in accordance with paragraph (2).

(2) Verification

The Commissioner of Social Security and the Secretary of the Treasury shall verify the accuracy of, or correct, the information supplied by the Secretary to such official pursuant to paragraph (1), and shall report such verifications or corrections to the Secretary.

(3) Fees for verification

The Secretary shall reimburse the Commissioner and Secretary of the Treasury, at a rate negotiated between the Secretary and such official, for the costs incurred by such official in performing the verification and correction services described in this subsection.

(d) Definitions

For purposes of this section—

(1)

the term “disclosing part B provider” means any entity receiving payment on an assignment-related basis (or, for purposes of subsection (a)(3), any entity receiving payment) for furnishing items or services for which payment may be made under part B of subchapter XVIII, except that such term does not include an entity described in section 1320a–3(a)(2) of this title;

(2)

the term “managing employee” means, with respect to a provider, a person described in section 1320a–5(b) of this title; and

(3)

the term “person with an ownership or control interest” means, with respect to a provider—

(A)

a person described in section 1320a–3(a)(3) of this title, or

(B)

a person who has one of the 5 largest direct or indirect ownership or control interests in the provider.

Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1124A, as added Pub. L. 101–508, title IV, § 4164(b)(1), Nov. 5, 1990, 104 Stat. 1388–101; amended Pub. L. 103–432, title I, § 147(f)(7)(A)(i), Oct. 31, 1994, 108 Stat. 4432; Pub. L. 105–33, title IV, § 4313(b), (c), Aug. 5, 1997, 111 Stat. 388.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 101-508 · 104 Stat. 1388
  • 1994Amended · Pub. L. 103-432 · 108 Stat. 4432
  • 1997Amended · Pub. L. 105-33 · 111 Stat. 388

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-508 on 1935-08-14.

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