Page:United States Statutes at Large Volume 111 Part 1.djvu/346

 Ill STAT. 322 PUBLIC LAW 105-33—AUG. 5, 1997 who is the beneficial owner of a mortgage, deed of trust, note, or other interest secured by, and valuing more than 5 percent of the organization, and, in the case of a Medicare+Choice orgsinization organized as a nonprofit corporation, an incorporator or member of such corporation under applicable State corporation law; "(ii) any entity in which a person described in clause (i)— "(I) is an officer or director; "(II) is a partner (if such entity is organized as a partnership); "(III) has directly or indirectly a beneficial interest of more than 5 percent of the equity; or "(IV) has a mortgage, deed of trust, note, or other interest valuing more than 5 percent of the assets of such entity; "(iii) any person directly or indirectly controlling, controlled by, or under common control with an organization; and "(iv) any spouse, child, or parent of an individual described in clause (i). "(C) ACCESS TO INFORMATION.—Each Medicare+Choice organization shall make the information reported pursuant to subparagraph (A) available to its enrollees upon reasonable request. "(5) LOAN INFORMATION.— The contract shall require the organization to notify the Secretary of loans and other special fin£incial arrangements which are made between the organization and subcontractors, affiliates, and related parties. "(e) ADDITIONAL CONTRACT TERMS. — "(1) IN GENERAL.— The contract shall contain such other terms and conditions not inconsistent with this part (including requiring the organization to provide the Secretary with such information) as the Secretary may find necessary and appropriate. " (2) COST-SHARING IN ENROLLMENT-RELATED COSTS.— " (A) IN GENERAL.—^A Medicare+Choice organization shall pay the fee established by the Secretary under subparagraph (B). "(B) AUTHORIZATION.—The Secretary is authorized to charge a fee to each Medicare+Choice organization with a contract under this part that is equal to the organization's pro rata share (as determined by the Secretary) of the aggregate amount of fees which the Secretary is directed to collect in a fiscal year. Any amounts collected are authorized to be appropriated only for the purpose of carrying out section 1851 (relating to enrollment and dissemination of information) and section 4360 of the Omnibus Budget Reconciliation Act of 1990 (relating to the health insurance counseling and assistance program). "(C) CONTINGENCY.—For any fiscal year, the fees authorized under subparagraph (B) are contingent upon enactment in an appropriations act of a provision specifying the aggregate amount of fees the Secretary is directed to collect in a fiscal year. Fees collected during any fiscal

�