|
U.S. Code as of:
01/19/04
Section 1320a-3. Disclosure of ownership and related information; procedure; definitions; scope of requirements
(a)(1) The Secretary shall by regulation or by contract provision
provide that each disclosing entity (as defined in paragraph (2))
shall -
(A) as a condition of the disclosing entity's participation in,
or certification or recertification under, any of the programs
established by subchapters V, XVIII, and XIX of this chapter, or
(B) as a condition for the approval or renewal of a contract or
agreement between the disclosing entity and the Secretary or the
appropriate State agency under any of the programs established
under subchapters V, XVIII, and XIX of this chapter,
supply the Secretary or the appropriate State agency with full and
complete information as to the identity of each person with an
ownership or control interest (as defined in paragraph (3)) in the
entity or in any subcontractor (as defined by the Secretary in
regulations) in which the entity directly or indirectly has a 5 per
centum or more ownership interest and supply the Secretary with the
(!1) both 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 entity, each person with an ownership
or control interest (as defined in subsection (a)(3) of this
section), and any subcontractor in which the entity directly or
indirectly has a 5 percent or more ownership interest.
(2) As used in this section, the term "disclosing entity" means
an entity which is -
(A) a provider of services (as defined in section 1395x(u) of
this title, other than a fund), an independent clinical
laboratory, a renal disease facility, a managed care entity, as
defined in section 1396u-2(a)(1)(B) of this title, or a health
maintenance organization (as defined in section 300e(a) of this
title);
(B) an entity (other than an individual practitioner or group
of practitioners) that furnishes, or arranges for the furnishing
of, items or services with respect to which payment may be
claimed by the entity under any plan or program established
pursuant to subchapter V of this chapter or under a State plan
approved under subchapter XIX of this chapter; or
(C) a carrier or other agency or organization that is acting as
a fiscal intermediary or agent with respect to one or more
providers of services (for purposes of part A or part B of
subchapter XVIII of this chapter, or both, or for purposes of a
State plan approved under subchapter XIX of this chapter)
pursuant to (i) an agreement under section 1395h of this title,
(ii) a contract under section 1395u of this title, or (iii) an
agreement with a single State agency administering or supervising
the administration of a State plan approved under subchapter XIX
of this chapter.
(3) As used in this section, the term "person with an ownership
or control interest" means, with respect to an entity, a person who
-
(A)(i) has directly or indirectly (as determined by the
Secretary in regulations) an ownership interest of 5 per centum
or more in the entity; or
(ii) is the owner of a whole or part interest in any mortgage,
deed of trust, note, or other obligation secured (in whole or in
part) by the entity or any of the property or assets thereof,
which whole or part interest is equal to or exceeds 5 per centum
of the total property and assets of the entity; or
(B) is an officer or director of the entity, if the entity is
organized as a corporation; or
(C) is a partner in the entity, if the entity is organized as a
partnership.
(b) To the extent determined to be feasible under regulations of
the Secretary, a disclosing entity shall also include in the
information supplied under subsection (a)(1) of this section, with
respect to each person with an ownership or control interest in the
entity, the name of any other disclosing entity with respect to
which the person is a person with an ownership or control interest.
|
|