124 STAT. 759 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(ii) the items or services are not tied to the provi- sion of other services reimbursed in whole or in part by the program under title XVIII or a State health care program (as so defined); ‘‘(iii) there is a reasonable connection between the items or services and the medical care of the individual; and ‘‘(iv) the person provides the items or services after determining in good faith that the individual is in financial need; or ‘‘(I) effective on a date specified by the Secretary (but not earlier than January 1, 2011), the waiver by a PDP sponsor of a prescription drug plan under part D of title XVIII or an MA organization offering an MA–PD plan under part C of such title of any copayment for the first fill of a covered part D drug (as defined in section 1860D– 2(e)) that is a generic drug for individuals enrolled in the prescription drug plan or MA–PD plan, respectively.’’. (e) TESTIMONIAL SUBPOENA AUTHORITY IN EXCLUSION-ONLY CASES.—Section 1128(f) of the Social Security Act (42 U.S.C. 1320a– 7(f)) is amended by adding at the end the following new paragraph: ‘‘(4) The provisions of subsections (d) and (e) of section 205 shall apply with respect to this section to the same extent as they are applicable with respect to title II. The Secretary may delegate the authority granted by section 205(d) (as made applicable to this section) to the Inspector General of the Department of Health and Human Services for purposes of any investigation under this section.’’. (f) HEALTH CARE FRAUD.— (1) KICKBACKS.—Section 1128B of the Social Security Act (42 U.S.C. 1320a–7b) is amended by adding at the end the following new subsection: ‘‘(g) In addition to the penalties provided for in this section or section 1128A, a claim that includes items or services resulting from a violation of this section constitutes a false or fraudulent claim for purposes of subchapter III of chapter 37 of title 31, United States Code.’’. (2) REVISING THE INTENT REQUIREMENT.—Section 1128B of the Social Security Act (42 U.S.C. 1320a–7b), as amended by paragraph (1), is amended by adding at the end the following new subsection: ‘‘(h) With respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation of this section.’’. (g) SURETY BOND REQUIREMENTS.— (1) DURABLE MEDICAL EQUIPMENT.—Section 1834(a)(16)(B) of the Social Security Act (42 U.S.C. 1395m(a)(16)(B)) is amended by inserting ‘‘that the Secretary determines is commensurate with the volume of the billing of the supplier’’ before the period at the end. (2) HOME HEALTH AGENCIES.—Section 1861(o)(7)(C) of the Social Security Act (42 U.S.C. 1395x(o)(7)(C)) is amended by inserting ‘‘that the Secretary determines is commensurate with the volume of the billing of the home health agency’’ before the semicolon at the end. (3) REQUIREMENTS FOR CERTAIN OTHER PROVIDERS OF SERV- ICES AND SUPPLIERS.—Section 1862 of the Social Security Act Applicability.
