120 STAT. 76
Regulations.
VerDate 14-DEC-2004
10:20 Jul 12, 2007
PUBLIC LAW 109–171—FEB. 8, 2006 exceeded the performance requirements established in the current contract. The Secretary may enter into such contracts without regard to final rules having been promulgated. ‘‘(4) LIMITATION ON CONTRACTOR LIABILITY.—The Secretary shall by regulation provide for the limitation of a contractor’s liability for actions taken to carry out a contract under the Program, and such regulation shall, to the extent the Secretary finds appropriate, employ the same or comparable standards and other substantive and procedural provisions as are contained in section 1157. ‘‘(d) COMPREHENSIVE PLAN FOR PROGRAM INTEGRITY.— ‘‘(1) 5-YEAR PLAN.—With respect to the 5-fiscal year period beginning with fiscal year 2006, and each such 5-fiscal year period that begins thereafter, the Secretary shall establish a comprehensive plan for ensuring the integrity of the program established under this title by combatting fraud, waste, and abuse. ‘‘(2) CONSULTATION.—Each 5-fiscal year plan established under paragraph (1) shall be developed by the Secretary in consultation with the Attorney General, the Director of the Federal Bureau of Investigation, the Comptroller General of the United States, the Inspector General of the Department of Health and Human Services, and State officials with responsibility for controlling provider fraud and abuse under State plans under this title. ‘‘(e) APPROPRIATION.— ‘‘(1) IN GENERAL.—Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to carry out the Medicaid Integrity Program under this section, without further appropriation— ‘‘(A) for fiscal year 2006, $5,000,000; ‘‘(B) for each of fiscal years 2007 and 2008, $50,000,000; and ‘‘(C) for each fiscal year thereafter, $75,000,000. ‘‘(2) AVAILABILITY.—Amounts appropriated pursuant to paragraph (1) shall remain available until expended. ‘‘(3) INCREASE IN CMS STAFFING DEVOTED TO PROTECTING MEDICAID PROGRAM INTEGRITY.—From the amounts appropriated under paragraph (1), the Secretary shall increase by 100 the number of full-time equivalent employees whose duties consist solely of protecting the integrity of the Medicaid program established under this section by providing effective support and assistance to States to combat provider fraud and abuse. ‘‘(4) ANNUAL REPORT.—Not later than 180 days after the end of each fiscal year (beginning with fiscal year 2006), the Secretary shall submit a report to Congress which identifies— ‘‘(A) the use of funds appropriated pursuant to paragraph (1); and ‘‘(B) the effectiveness of the use of such funds.’’. (b) STATE REQUIREMENT TO COOPERATE WITH INTEGRITY PROGRAM EFFORTS.—Section 1902(a) of such Act (42 U.S.C. 1396a(a)), as amended by section 6033(a), is amended— (1) in paragraph (67), by striking ‘‘and’’ at the end; (2) in paragraph (68), by striking the period at the end and inserting ‘‘; and’’; and
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