Page:United States Statutes at Large Volume 110 Part 3.djvu/279

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PUBLIC LAW 104-191—AUG. 21, 1996 110 STAT. 2009 (3) by inserting after paragraph (5) the following new paragraph: "(6) knowingly and willfully disposes of assets (including by any transfer in trust) in order for an individual to become eligible for medical assistance under a State plan under title XIX, if disposing of the assets results in the imposition of a period of ineligibility for such assistance under section 1917(c),". SEC. 218. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this subtitle shall take effect January 1, 1997. Subtitle C—Data Collection 42 USC 1320a-7 note. SEC. 221. ESTABLISHMENT OF THE HEALTH CARE FRAUD AND ABUSE DATA COLLECTION PROGRAM. (a) IN GENERAL.— Title XI (42 U.S.C. 1301 et seq.), as amended by sections 201 and 205, is amended by inserting after section 1128D the following new section: "HEALTH CARE FRAUD AND ABUSE DATA COLLECTION PROGRAM "SEC 1128E. (a) GENERAL PURPOSE. —Not later than January 1, 1997, the Secretary shall establish a national health care fraud and abuse data collection program for the reporting of final adverse actions (not including settlements in which no findings of liability have been made) against health care providers, suppliers, or practitioners as required by subsection (b), with access as set forth in subsection (c), and shall maintain a database of the information collected under this section. " (b) REPORTING OF INFORMATION.— "(1) IN GENERAL.— Each Government agency and health plan shall report any final adverse action (not including settlements in which no findings of liability have been made) taken against a health care provider, supplier, or practitioner. "(2) INFORMATION TO BE REPORTED.— The information to be reported under paragraph (1) includes: "(A) The name and TIN (as defined in section 7701(a)(41) of the Internal Revenue Code of 1986) of any health care provider, supplier, or practitioner who is the subject of a final adverse action. "(B) The name (if known) of any health care entity with which a health care provider, supplier, or practitioner, who is the subject of a final adverse action, is affiliated or associated. "(C) The nature of the final adverse action and whether such action is on appeal. "(D) A description of the acts or omissions and injuries upon which the final adverse action was based, and such other information as the Secretary determines by regulation is required for appropriate interpretation of information reported under this section. "(3) CONFIDENTIAI^ITY. — In determining what information is required, the Secretary shall include procedures to assure that the privacy of individuals receiving health care services is appropriately protected. 42 USC 1320a- 7e.