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U.S. Code as of:
01/19/04
Section 1320a-3a. Disclosure requirements for other providers under part B of Medicare
(a) Disclosure required to receive payment
No payment may be made under part B of subchapter XVIII of this
chapter 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
of this chapter 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)
of this section 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) of this
section 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) of this section, any entity
receiving payment) for furnishing items or services for which
payment may be made under part B of subchapter XVIII of this
chapter, 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.
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