Page:United States Statutes at Large Volume 91.djvu/1235

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-142—OCT. 25, 1977

91 STAT. 1201

"(3) For purposes of paragraph (1), the Secretary may, pursuant Reimbursement to agreements made with suppliers of durable medical equipment, procedures. establish reimbursement procedures which he finds to be equitable, economical, and feasible. "(4) The Secretary shall encourage suppliers of durable medical equipment to make their equipment available to individuals entitled to benefits under this title on a lease-purchase basis whenever possible.". (b) The amendment made by subsection (a) shall apply with Effective date. respect to durable medical equipment purchased or rented on or after 42 USC 1395/ note. October 1, 1977. FUNDING OF STATE MEDICAID FRAUD CONTROL U N I T S

SEC. 17. (a) Section 1903(a) of the Social Security Act is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: "(6) subject to subsection (b)(3), an amount equal to 90 per centum of the sums expended during each quarter beginning on . or after October 1, 1977, and ending before October 1, 1980, with respect to costs incurred during such quarter (as found necessary / by the Secretary for the elimination of fraud in the provision and administration of medical assistance provided under the State plan) which are attributable to the establishment and operation of (including the training of personnel employed by) a State medicaid fraud control unit (described in subsection (q)); plus". (b) Section 1903(b) of such Act is amended by inserting after paragraph (2) the following new paragraph: "(3) The amount of funds which the Secretary is otherwise obligated to pay a State during a quarter under subsection (a)(6) may not exceed the higher of— "(A) $125,000, or "CB) one-quarter of 1 per centum of the sums expended by the Federal, State, and local governments during the previous quarter in carrying out the State's plan under this title.". (c) Section 1903 of such Act is further amended by inserting after subsection (p) (added by section 11(a) of this Act) the following new subsection: " (Q) For the purposes of this section, the term 'State medicaid fraud control unit' means a single identifiable entity of the State government which the Secretary certifies (and annually recertifies) as meeting the following requirements: "(1) The entity (A) is a unit of the office of the State Attorney General or of another department of State government which possesses statewide authority to prosecute individuals for criminal violations, (B) is in a State the constitution of which does not provide for the criminal prosecution of individuals by a statewide • authority and has formal procedures, approved by the Secretary, that (i) assure its referral of suspected criminal violations relating to the program under this title to the appropriate authority or authorities in the State for prosecution and (ii) assure its assistance of, and coordination with, such authority or authorities in such prosecutions, or (C) has a formal working relationship with the office of the State Attorney General and has formal procedures (including procedures for its referral of suspected criminal violations to such office) which are approved by the Secretary

42 USC 13966.

"State medicaid fraud control unit." •

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