Page:United States Statutes at Large Volume 103 Part 3.djvu/161

 n ote. PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2229 Code), as disclosed under subparagraph (B), the appro- priate fiscal intermediary or carrier shall contact the employer in order to determine during what period the employee or employee's spouse may be (or have been) covered under a group health plan of the employer and the nature of the coverage that is or was provided under the plan (including the name, address, and identifying number of the plan). "(ii) EMPLOYER RESPONSE.— Within 30 days of the date of receipt of the inquiry, the employer shall notify the intermediary or carrier making the inquiry as to the determinations described in clause (i). An employer (other than a Federal or other governmental entity) who willfully or repeatedly fails to provide timely and accurate notice in accordance with the previous sen- tence shall be subject to a civil money penalty of not to exceed $1,000 for each individual with respect to which such an inquiry is made. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to > a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (iii) SUNSET ON REQUIREMENT.—Clause (ii) shall not apply to inquiries made after September 30, 1991.". (B) DEADLINE FOR FIRST REQUEST. —The Commissioner of 42 USC I395y Social Security shall first— (i) transmit to the Secretary of the Treasury informa- tion under paragraph (5)(A)(i) of section 1862(b) of the Social Security Act (as inserted by subparagraph (A)), and (ii) request from the Secretary disclosure of informa- '' tion described in section 6013(1)(12XA) of the Internal Revenue Code of 1986, by not later than 14 days after the date of the enactment of this Act. (b) UNIFORM ENFORCEMENT AND COORDINATION OF BENEFITS. — (1) IN GENERAL.— Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended— (A) in the heading, by adding at the end the following: " AND MEDICARE AS SECONDARY PAYER"; and (B) by amending subsection (b) to read as follows: " (b) MEDICARE AS SECONDARY PAYER.— "(1) REQUIREMENTS OF GROUP HEALTH PLANS. — " (A) WORKING AGED UNDER GROUP HEALTH PLANS. — "(i) IN GENERAL. — A group health plan— "(I) may not take into account, for any item or service furnished to an individual 65 years of age or older at the time the individual is covered under the plan by reason of the current employment of the individual (or the individual's spouse), that the individual is entitled to benefits under this title under section 226(a), and "(II) shall provide that any employee age 65 or older, and any employee's spouse age 65 or older, shall be entitled to the same benefits under the plan under the same conditions as any employee, and the spouse of such employee, under age 65.

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