124 STAT. 770 PUBLIC LAW 111–148—MAR. 23, 2010 certification the physician must document that the physi- cian himself or herself has had a face-to-face encounter (including through use of telehealth, subject to the require- ments in section 1834(m), and other than with respect to encounters that are incident to services involved) with the individual within a reasonable timeframe as deter- mined by the Secretary’’. (2) PART B.—Section 1835(a)(2)(A) of the Social Security Act is amended— (A) by striking ‘‘and’’ before ‘‘(iii)’’; and (B) by inserting after ‘‘care of a physician’’ the fol- lowing: ‘‘, and (iv) in the case of a certification after January 1, 2010, prior to making such certification the physician must document that the physician has had a face-to-face encounter (including through use of telehealth and other than with respect to encounters that are incident to services involved) with the individual during the 6-month period preceding such certification, or other reasonable timeframe as determined by the Secretary’’. (b) CONDITION OF PAYMENT FOR DURABLE MEDICAL EQUIP- MENT.—Section 1834(a)(11)(B) of the Social Security Act (42 U.S.C. 1395m(a)(11)(B)) is amended— (1) by striking ‘‘ORDER.—The Secretary’’ and inserting ‘‘ORDER.— ‘‘(i) IN GENERAL.—The Secretary’’; and (2) by adding at the end the following new clause: ‘‘(ii) REQUIREMENT FOR FACE TO FACE ENCOUNTER.—The Secretary shall require that such an order be written pursuant to the physician docu- menting that a physician, a physician assistant, a nurse practitioner, or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) has had a face-to-face encounter (including through use of telehealth under subsection (m) and other than with respect to encounters that are incident to services involved) with the individual involved during the 6- month period preceding such written order, or other reasonable timeframe as determined by the Secretary.’’. (c) APPLICATION TO OTHER AREAS UNDER MEDICARE.—The Sec- retary may apply the face-to-face encounter requirement described in the amendments made by subsections (a) and (b) to other items and services for which payment is provided under title XVIII of the Social Security Act based upon a finding that such an decision would reduce the risk of waste, fraud, or abuse. (d) APPLICATION TO MEDICAID.—The requirements pursuant to the amendments made by subsections (a) and (b) shall apply in the case of physicians making certifications for home health services under title XIX of the Social Security Act in the same manner and to the same extent as such requirements apply in the case of physicians making such certifications under title XVIII of such Act. SEC. 6408. ENHANCED PENALTIES. (a) CIVIL MONETARY PENALTIES FOR FALSE STATEMENTS OR DELAYING INSPECTIONS.—Section 1128A(a) of the Social Security Act (42 U.S.C. 1320a–7a(a)), as amended by section 5002(d)(2)(A), is amended— 42 USC 1395f note. 42 USC 1395f note. 42 USC 1395n.
