
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320a-3a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1320a-3a. Disclosure requirements for other providers under 
        part B of Medicare
        

(a) Disclosure required to receive payment

    No payment may be made under part B of subchapter XVIII of this 
chapter for items or services furnished by any disclosing part B 
provider unless such provider has provided the Secretary with full and 
complete information--
        (1) on the identity of each person with an ownership or control 
    interest in the provider or in any subcontractor (as defined by the 
    Secretary in regulations) in which the provider directly or 
    indirectly has a 5 percent or more ownership interest;
        (2) with respect to any person identified under paragraph (1) or 
    any managing employee of the provider--
            (A) on the identity of any other entities providing items or 
        services for which payment may be made under subchapter XVIII of 
        this chapter with respect to which such person or managing 
        employee is a person with an ownership or control interest at 
        the time such information is supplied or at any time during the 
        3-year period ending on the date such information is supplied, 
        and
            (B) as to whether any penalties, assessments, or exclusions 
        have been assessed against such person or managing employee 
        under section 1320a-7, 1320a-7a, or 1320a-7b of this title; and

        (3) including the employer identification number (assigned 
    pursuant to section 6109 of the Internal Revenue Code of 1986) and 
    social security account number (assigned under section 405(c)(2)(B) 
    of this title) of the disclosing part B provider and any person, 
    managing employee, or other entity identified or described under 
    paragraph (1) or (2).

(b) Updates to information supplied

    A disclosing part B provider shall notify the Secretary of any 
changes or updates to the information supplied under subsection (a) of 
this section not later than 180 days after such changes or updates take 
effect.

(c) Verification

                       (1) Transmittal by HHS

        The Secretary shall transmit--
            (A) to the Commissioner of Social Security information 
        concerning each social security account number (assigned under 
        section 405(c)(2)(B) of this title), and
            (B) to the Secretary of the Treasury information concerning 
        each employer identification number (assigned pursuant to 
        section 6109 of the Internal Revenue Code of 1986),

    supplied to the Secretary pursuant to subsection (a)(3) of this 
    section or section 1320a-3(c) \1\ of this title to the extent 
    necessary for verification of such information in accordance with 
    paragraph (2).
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    \1\ See References in Text note below.
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                          (2) Verification

        The Commissioner of Social Security and the Secretary of the 
    Treasury shall verify the accuracy of, or correct, the information 
    supplied by the Secretary to such official pursuant to paragraph 
    (1), and shall report such verifications or corrections to the 
    Secretary.

                      (3) Fees for verification

        The Secretary shall reimburse the Commissioner and Secretary of 
    the Treasury, at a rate negotiated between the Secretary and such 
    official, for the costs incurred by such official in performing the 
    verification and correction services described in this subsection.

(d) Definitions

    For purposes of this section--
        (1) the term ``disclosing part B provider'' means any entity 
    receiving payment on an assignment-related basis (or, for purposes 
    of subsection (a)(3) of this section, any entity receiving payment) 
    for furnishing items or services for which payment may be made under 
    part B of subchapter XVIII of this chapter, except that such term 
    does not include an entity described in section 1320a-3(a)(2) of 
    this title;
        (2) the term ``managing employee'' means, with respect to a 
    provider, a person described in section 1320a-5(b) of this title; 
    and
        (3) the term ``person with an ownership or control interest'' 
    means, with respect to a provider--
            (A) a person described in section 1320a-3(a)(3) of this 
        title, or
            (B) a person who has one of the 5 largest direct or indirect 
        ownership or control interests in the provider.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1124A, as added Pub. L. 101-508, 
title IV, Sec. 4164(b)(1), Nov. 5, 1990, 104 Stat. 1388-101; amended 
Pub. L. 103-432, title I, Sec. 147(f)(7)(A)(i), Oct. 31, 1994, 108 Stat. 
4432; Pub. L. 105-33, title IV, Sec. 4313(b), (c), Aug. 5, 1997, 111 
Stat. 388.)

                       References in Text

    Part B of subchapter XVIII of this chapter, referred to in subsecs. 
(a) and (d)(1), is classified to section 1395j et seq. of this title.
    The Internal Revenue Code of 1986, referred to in subsecs. (a)(3) 
and (c)(1)(B), is classified generally to Title 26, Internal Revenue 
Code.
    Section 1320a-3 of this title, referred to in subsec. (c)(1), does 
not contain a subsec. (c).


                               Amendments

    1997--Subsec. (a)(3). Pub. L. 105-33, Sec. 4313(b)(1), added par. 
(3).
    Subsec. (c). Pub. L. 105-33, Sec. 4313(c)(2), added subsec. (c). 
Former subsec. (c) redesignated (d).
    Subsec. (c)(1). Pub. L. 105-33, Sec. 4313(b)(2), inserted ``(or, for 
purposes of subsection (a)(3) of this section, any entity receiving 
payment)'' after ``on an assignment-related basis''.
    Subsec. (d). Pub. L. 105-33, Sec. 4313(c)(1), redesignated subsec. 
(c) as (d).
    1994--Subsec. (a)(2)(A). Pub. L. 103-432 made technical amendment to 
reference to subchapter XVIII of this chapter to correct reference to 
corresponding provision of original act.


                    Effective Date of 1997 Amendment

    Amendment by section 4313(b) of Pub. L. 105-33 applicable to payment 
for items and services furnished more than 90 days after date of 
submission of report under section 4313(d) of Pub. L. 105-33, set out as 
a note under section 1320a-3 of this title, see section 4313(e) of Pub. 
L. 105-33, set out as a note under section 1320a-3 of this title.


                    Effective Date of 1994 Amendment

    Section 147(g) of Pub. L. 103-432 provided that: ``Except as 
otherwise provided in this section [amending this section and sections 
1320b-5, 1395l, 1395p, 1395q, 1395x, 1395y, and 1395cc of this title, 
enacting provisions set out as notes under sections 1395l, 1395p, and 
1395y of this title, amending provisions set out as notes under this 
section and sections 254b, 1395l, and 1395u of this title, and repealing 
provisions set out as a note under section 1395l of this title], the 
amendments made by this section shall take effect as if included in the 
enactment of OBRA-1990 [Pub L. 101-508].''


                             Effective Date

    Section 4164(b)(4) of Pub. L. 101-508, as amended by Pub. L. 103-
432, title I, Sec. 147(f)(7)(A)(ii), Oct. 31, 1994, 108 Stat. 4432, 
provided that: ``The amendments made by paragraphs (1), (2), and (3) 
[enacting this section and amending sections 1320a-7 and 1320a-7b of 
this title] shall apply with respect to items or services furnished on 
or after--
        ``(A) January 1, 1993, in the case of items or services 
    furnished by a provider who, on or before the date of the enactment 
    of this Act [Nov. 5, 1990], has furnished items or services for 
    which payment may be made under part B of title XVIII of the Social 
    Security Act [part B of subchapter XVIII of this chapter]; or
        ``(B) January 1, 1992, in the case of items or services 
    furnished by any other provider.''


      Report on Confidentiality of Social Security Account Numbers

    Before amendment by Pub. L. 105-33 may become effective, Secretary 
of Health and Human Services is required to submit to Congress a report 
on steps Secretary has taken to assure the confidentiality of social 
security account numbers that will be provided to Secretary, see section 
4313(d) of Pub. L. 105-33, set out as a note under section 1320a-3 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1320a-7, 1320a-7b of this 
title.
