Page:United States Statutes at Large Volume 103 Part 3.djvu/171

 PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2239 "(iv) for specific identifiable administrative services (other than direct patient care services), but only under exceptional circumstances specified by the Secretary in regulations; "(B) the requirements described in subparagraphs (B) and (C) of paragraph (2) are met with respect to the entity in the • same manner as they apply to a hospital; and "(C) the arrangement meets such other requirements as the Secretary may impose by regulation as needed to pro- tect against program or patient abuse. "(4) PHYSICIAN RECRUITMENT. —In the case of remuneration which is provided by a hospital to a physician to induce the physician to relocate to the geographic area served by the hospital in order to be a member of the medical staff of the hospital, if— "(A) the physician is not required to refer patients to the hospital, "(B) the amount of the remuneration under the arrange- ment is not determined in a manner that takes into account (directly or indirectly) the volume or value of any referrals by the referring physician, and "(C) the arrangement meets such other requirements as the Secretary may impose by regulation as needed to pro- tect against program or patient abuse. "(5) ISOLATED TRANSACTIONS. —In the case of an isolated finan- cial transaction, such as a one-time sale of property, if^ "(A) the requirements described in subparagraphs (B) and (C) of paragraph (2) are met with respect to the entity in the same manner as they apply to a hospital, and "(B) the transaction meets such other requirements as the Secretary may impose by regulation as needed to pro- tect against program or patient abuse. " (6) SALARIED PHYSICIANS IN A GROUP PRACTICE. —A compensa- tion arrangement involving payment by a group practice of the salary of a physician member of the group practice. "(f) REPORTING REQUIREMENTS.—Each entity providing covered items or services for which payment may be made under this title shall provide the Secretary with the information concerning the entity s ownership arrangements, including— "(1) the covered items and services provided by the entity, and "(2) the names and all of the medicare provider numbers of the physicians who are interested investors or who are imme- diate relatives of interested investors. Such information shall be provided in such form, manner, and at such times as the Secretary shall specify. Such information shall first be provided not later than 1 year after the date of the enact- ment of this section. " (g) SANCTIONS. — "(1) DENIAL OF PAYMENT. — No payment may be made under this title for a clinical laboratory service which is provided in violation of subsection (a)(l). "(2) REQUIRING REFUNDS FOR CERTAIN CLAIMS. —If a person collects any amounts that were billed in violation of subsection (a)(D, the person shall be liable to the individual for, and shall refund on a timely basis to the individual, any amounts so collected.

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