124 STAT. 750 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(4) INCREASED DISCLOSURE REQUIREMENTS.— ‘‘(A) DISCLOSURE.—A provider of medical or other items or services or supplier who submits an application for enrollment or revalidation of enrollment in the program under this title, title XIX, or title XXI on or after the date that is 1 year after the date of enactment of this paragraph shall disclose (in a form and manner and at such time as determined by the Secretary) any current or previous affiliation (directly or indirectly) with a provider of medical or other items or services or supplier that has uncollected debt, has been or is subject to a payment suspension under a Federal health care program (as defined in section 1128B(f)), has been excluded from participation under the program under this title, the Medicaid program under title XIX, or the CHIP program under title XXI, or has had its billing privileges denied or revoked. ‘‘(B) AUTHORITY TO DENY ENROLLMENT.—If the Sec- retary determines that such previous affiliation poses an undue risk of fraud, waste, or abuse, the Secretary may deny such application. Such a denial shall be subject to appeal in accordance with paragraph (7). ‘‘(5) AUTHORITY TO ADJUST PAYMENTS OF PROVIDERS OF SERVICES AND SUPPLIERS WITH THE SAME TAX IDENTIFICATION NUMBER FOR PAST-DUE OBLIGATIONS.— ‘‘(A) IN GENERAL.—Notwithstanding any other provi- sion of this title, in the case of an applicable provider of services or supplier, the Secretary may make any nec- essary adjustments to payments to the applicable provider of services or supplier under the program under this title in order to satisfy any past-due obligations described in subparagraph (B)(ii) of an obligated provider of services or supplier. ‘‘(B) DEFINITIONS.—In this paragraph: ‘‘(i) IN GENERAL.—The term ‘applicable provider of services or supplier’ means a provider of services or supplier that has the same taxpayer identification number assigned under section 6109 of the Internal Revenue Code of 1986 as is assigned to the obligated provider of services or supplier under such section, regardless of whether the applicable provider of serv- ices or supplier is assigned a different billing number or national provider identification number under the program under this title than is assigned to the obli- gated provider of services or supplier. ‘‘(ii) OBLIGATED PROVIDER OF SERVICES OR SUP- PLIER.—The term ‘obligated provider of services or sup- plier’ means a provider of services or supplier that owes a past-due obligation under the program under this title (as determined by the Secretary). ‘‘(6) TEMPORARY MORATORIUM ON ENROLLMENT OF NEW PRO- VIDERS.— ‘‘(A) IN GENERAL.—The Secretary may impose a tem- porary moratorium on the enrollment of new providers of services and suppliers, including categories of providers of services and suppliers, in the program under this title, under the Medicaid program under title XIX, or under Determination. Determination.
