Page:United States Statutes at Large Volume 111 Part 1.djvu/411

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PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 387 (D) by adding at the end the following: "The Secretary may waive the requirement of a surety bond under paragraph (7) in the case of an agency or organization that provides a comparable surety bond under State law.". (2) CONFORMING AMENDMENTS. —Section 1861(v)(l)(H) (42 U.S.C. 1395x(v)(l)(H)) is amended— (A) in clause (i), by striking "the financial security requirement described in subsection (o)(7)" and inserting "the surety bond requirement described in subsection (o)(7) and the financial security requirement described in subsection (o)(8)"; and (B) in clause (ii), by striking "the financial security requirement described in subsection (o)(7) applies" and inserting "the surety bond requirement described in subsection (o)(7) and the financial security requirement described in subsection (o)(8) apply". (3) REFERENCE TO CURRENT DISCLOSURE REQUIREMENT.— For additional provisions requiring home health agencies to disclose information on ownership and control interests, see section 1124 of the Social Security Act (42 U.S.C. 1320a-3). (c) AUTHORIZING APPLICATION OF DISCLOSURE AND SURETY BOND REQUIREMENTS TO OTHER HEALTH CARE PROVIDERS.— Section 1834(a)(16) (42 U.S.C. 1395m(a)(16)), as added by subsection (a), is amended by adding at the end the following: "The Secretary, at the Secretary's discretion, may impose the requirements of the first sentence with respect to some or all providers of items or services under part A or some or all suppliers or other persons (other than physicians or other practitioners, as defined in section 1842(b)(18)(C)) who furnish items or services under this part.". (d) APPLICATION TO COMPREHENSIVE OUTPATIENT REHABILITA- TION FACILITIES (CORFS).— Section 1861(cc)(2) (42 U.S.C. 1395x(cc)(2)) is amended— (1) in subparagraph (H), by striking "and" at the end; (2) by redesignating subparagraph (I) as subparagraph (J); (3) by inserting after subparagraph (H) the following new subparagraph: "(I) provides the Secretary on a continuing basis with a surety bond in a form specified by the Secretary and in an amount that is not less than $50,000; and"; and (4) by adding at the end the following flush sentence: "The Secretary may waive the requirement of a surety bond under subparagraph (I) in the case of a facility that provides a comparable surety bond under State law.". (e) APPLICATION TO REHABILITATION AGENCIES. — Section 1861(p) (42 U.S.C. 1395x(p)) is amended— (1) in paragraph (4)(A)(v), by inserting after "as the Secretary may find necessary," the following: "and provides the Secretary on a continuing basis with a surety bond in a form specified by the Secretary and in an amount that is not less than $50,000,", and (2) by adding at the end the following: "The Secretary may waive the requirement of a surety bond under paragraph (4)(A)(v) in the case of a clinic or agency that provides a comparable surety bond under State law.". (f) EFFECTIVE DATES. — (1) SUPPLIERS OF DURABLE MEDICAL EQUIPMENT.—The 42 USC i395m amendment made by subsection (a) shall apply to suppliers ^ote.