124 STAT. 689 PUBLIC LAW 111–148—MAR. 23, 2010 physician) with a direct or an indirect ownership or investment interest in the hospital. ‘‘(6) CLARIFICATION.—Nothing in this subsection shall be construed as preventing the Secretary from revoking a hos- pital’s provider agreement if not in compliance with regulations implementing section 1866.’’. (b) ENFORCEMENT.— (1) ENSURING COMPLIANCE.—The Secretary of Health and Human Services shall establish policies and procedures to ensure compliance with the requirements described in sub- section (i)(1) of section 1877 of the Social Security Act, as added by subsection (a)(3), beginning on the date such require- ments first apply. Such policies and procedures may include unannounced site reviews of hospitals. (2) AUDITS.—Beginning not later than November 1, 2011, the Secretary of Health and Human Services shall conduct audits to determine if hospitals violate the requirements referred to in paragraph (1). SEC. 6002. TRANSPARENCY REPORTS AND REPORTING OF PHYSICIAN OWNERSHIP OR INVESTMENT INTERESTS. Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1128F the following new section: ‘‘SEC. 1128G. TRANSPARENCY REPORTS AND REPORTING OF PHYSI- CIAN OWNERSHIP OR INVESTMENT INTERESTS. ‘‘(a) TRANSPARENCY REPORTS.— ‘‘(1) PAYMENTS OR OTHER TRANSFERS OF VALUE.— ‘‘(A) IN GENERAL.—On March 31, 2013, and on the 90th day of each calendar year beginning thereafter, any applicable manufacturer that provides a payment or other transfer of value to a covered recipient (or to an entity or individual at the request of or designated on behalf of a covered recipient), shall submit to the Secretary, in such electronic form as the Secretary shall require, the following information with respect to the preceding cal- endar year: ‘‘(i) The name of the covered recipient. ‘‘(ii) The business address of the covered recipient and, in the case of a covered recipient who is a physi- cian, the specialty and National Provider Identifier of the covered recipient. ‘‘(iii) The amount of the payment or other transfer of value. ‘‘(iv) The dates on which the payment or other transfer of value was provided to the covered recipient. ‘‘(v) A description of the form of the payment or other transfer of value, indicated (as appropriate for all that apply) as— ‘‘(I) cash or a cash equivalent; ‘‘(II) in-kind items or services; ‘‘(III) stock, a stock option, or any other owner- ship interest, dividend, profit, or other return on investment; or ‘‘(IV) any other form of payment or other transfer of value (as defined by the Secretary). Electronic format. 42 USC 1320a–7h. Deadline. Procedures. 42 USC 1395nn note.
