Laws: Cases and Codes : U.S. Code : Title 42 : Section 1320a-3a


   
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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