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42 U.S.C. § 300e–6Administration of assistance programs

submitted 82 years ago by Pub. L. 93-222 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 589 words · no verdicts yet

in plain englishAI-generated · not legal advice

HMOs that get subchapter loans or guarantees must keep detailed records and let the Secretary audit them. After the assistance period ends, the HMO must give the Secretary a full report. Certain Medicare- and Medicaid-serving prepaid entities can also count as HMOs eligible for this help, under specific conditions.

(a) Recordkeeping; audit and examination (1) Every recipient of a loan or loan guarantee under this subchapter must keep records the Secretary requires -- including records fully showing how it used the loan money, the total cost of the project the loan supported, how much of that cost came from other sources, and whatever other records support an effective audit. (2) The Secretary, or the Secretary's authorized representatives, can access -- for audit and examination -- any books, documents, papers, and records of loan or loan-guarantee recipients that relate to that assistance. (b) Report upon expiration of period When the period covered by a loan or loan guarantee ends, the recipient must give the Secretary a full, complete report, in whatever manner the Secretary prescribes by regulation. That report must include -- along with anything else the Secretary requires -- descriptions of the plans, developments, and operations relating to the matters listed in section 300e-5(b)(3). (c) Repealed. (d) Other entities considered health maintenance organizations An entity that provides health services to a defined population on a prepaid basis, and that has members entitled to Medicare (Title XVIII) benefits or Medicaid (Title XIX) assistance, can be treated as an HMO for getting assistance under this subchapter if: (1) for its Medicare- or Medicaid-entitled members, it (A) provides services following section 300e(b) -- except that (i) it doesn't have to give those members basic services it can't get paid for under Medicare or the state Medicaid plan, and (ii) it doesn't have to set those members' payments under a community rating system -- and (B) is organized and operated following section 300e(c), except it doesn't have to take on full financial risk in advance for services it isn't required under Medicare or Medicaid to take that risk for; and (2) for its other members, it provides services following section 300e(b) and is organized and operated following section 300e(c). An entity that provides prepaid health services to a defined population, and has members enrolled under the federal employee health benefits program (5 U.S.C. chapter 89), can also be treated as an HMO for this assistance if, for its other members, it follows section 300e(b) and section 300e(c).
the actual law source: uscode.house.gov ↗public domain
(a) Recordkeeping; audit and examination
(1)

Each recipient of a loan or loan guarantee under this subchapter shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of the loan (directly made or guaranteed), the total cost of the undertaking in connection with which the loan was given or used, the amount of that portion of the cost of the undertaking supplied by other sources, and such other records as will facilitate an effective audit.

(2)

The Secretary, or any of his duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients of a loan or loan guarantee under this subchapter which relate to such assistance.

(b) Report upon expiration of period

Upon expiration of the period for which a loan or loan guarantee was provided an entity under this subchapter, such entity shall make a full and complete report to the Secretary in such manner as he may by regulation prescribe. Each such report shall contain, among such other matters as the Secretary may by regulation require, descriptions of plans, developments, and operations relating to the matters referred to in section 300e–5(b)(3) of this title.

(c) Repealed. Pub. L. 99–660, title VIII, § 803(a), Nov. 14, 1986, 100 Stat. 3799

(d) Other entities considered health maintenance organizations

An entity which provides health services to a defined population on a prepaid basis and which has members who are entitled to insurance benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] or to medical assistance under a State plan approved under title XIX of such Act [42 U.S.C. 1396 et seq.] may be considered as a health maintenance organization for purposes of receiving assistance under this subchapter if—

(1)

with respect to its members who are entitled to such insurance benefits or to such medical assistance it (A) provides health services in accordance with section 300e(b) of this title, except that (i) it does not furnish to those members the health services (within the basic health services) for which it may not be compensated under such title XVIII [42 U.S.C. 1395 et seq.] or such State plan, and (ii) it does not fix the basic or supplemental health services payment for such members under a community rating system, and (B) is organized and operated in the manner prescribed by section 300e(c) of this title, except that it does not assume full financial risk on a prospective basis for the provision to such members of basic or supplemental health services with respect to which it is not required under such title XVIII or such State plan to assume such financial risk; and

(2)

with respect to its other members it provides health services in accordance with section 300e(b) of this title and is organized and operated in the manner prescribed by section 300e(c) of this title.

An entity which provides health services to a defined population on a prepaid basis and which has members who are enrolled under the health benefits program authorized by chapter 89 of title 5, may be considered as a health maintenance organization for purposes of receiving assistance under this subchapter if with respect to its other members it provides health services in accordance with section 300e(b) of this title and is organized and operated in the manner prescribed by section 300e(c) of this title.

Source credit: (July 1, 1944, ch. 373, title XIII, § 1307, as added Pub. L. 93–222, § 2, Dec. 29, 1973, 87 Stat. 926; amended Pub. L. 94–460, title I, §§ 109(b)(1), 112, Oct. 8, 1976, 90 Stat. 1950, 1953; Pub. L. 97–35, title IX, § 943(d), Aug. 13, 1981, 95 Stat. 576; Pub. L. 99–660, title VIII, § 803(a), (b)(2), Nov. 14, 1986, 100 Stat. 3799, 3800.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 93-222 · 87 Stat. 926
  • 1976Amended · Pub. L. 94-460 · 90 Stat. 1950, 1953
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 576
  • 1986Amended · Pub. L. 99-660 · 100 Stat. 3799, 3800

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-222 on 1944-07-01.

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