Page:United States Statutes at Large Volume 111 Part 1.djvu/408

 Ill STAT. 384 PUBLIC LAW 105-33 —AUG. 5, 1997 42 USC 1320a-7a note. (C) by adding after paragraph (6) the following new paragraph: "(7) commits an act described in paragraph (1) or (2) of section 1128B(b);". (2) DESCRIPTION OF CIVIL MONEY PENALTY APPLICABLE.— Section 1128A(a) (42 U.S.C. 1320a-7a(a)), as amended by paragraph (1), is amended in the matter following paragraph (7)— (A) by striking "occurs)." and inserting "occurs; or in cases under paragraph (7), $50,000 for each such act)."; and (B) by inserting after "of such claim" the following: "(or, in cases under paragraph (7), damages of not more than 3 times the total amount of remuneration offered, paid, solicited, or received, without regard to whether a portion of such remuneration was offered, paid, solicited, or received for a lawful purpose)". (c) EFFECTIVE DATES. — (1) CONTRACTS WITH EXCLUDED PERSONS.— The amendments made by subsection (a) shall apply to arrangements and contracts entered into after the date of the enactment of this Act. (2) KICKBACKS. — The amendments made by subsection (b) shall apply to acts committed after the date of the enactment of this Act. CHAPTER 2—IMPROVEMENTS IN PROTECTING PROGRAM INTEGRITY 42 USC 1395b-2 note. SEC. 4311. IMPROVING INFORMATION TO MEDICARE BENEFICIARIES. (a) INCLUSION OF INFORMATION REGARDING MEDICARE WASTE, FRAUD, AND ABUSE IN ANNUAL NOTICE. — (1) IN GENERAL. —Section 1804 (42 U.S.C. 1395b-2) is amended by adding at the end the following new subsection: "(c) The notice provided under subsection (a) shall include— "(1) a statement which indicates that because errors do occur and because medicare fraud, waste, and abuse is a significant problem, beneficiaries should carefully check any explanation of benefits or itemized statement furnished pursuant to section 1806 for accuracy and report any errors or questionable charges by calling the toll-free phone number described in paragraph (4); "(2) a statement of the beneficiary's right to request an itemized statement for medicare items and services (as provided in section 1806(b)); "(3) a description of the program to collect information on medicare fraud and abuse established under section 203(b) of the Health Insurance Portability and Accountability Act of 1996; and "(4) a toll-free telephone number maintained by the Inspector General in the Department of Health and Human Services for the receipt of complaints and information about waste, fraud, and abuse in the provision or billing of services under this title.". (2) EFFECTIVE DATE. —The amendment made by this subsection shall apply to notices provided on or after January 1, 1998.

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