Page:United States Statutes at Large Volume 111 Part 1.djvu/410

 Ill STAT. 386 PUBLIC LAW 105-33—AUG. 5, 1997 under this title with respect to a statement described in paragraph (4).". (2) CONFORMING AMENDMENT. —Subsection (a) of section 203 of the Health Insurance Portability and Accountability 42 USC i395b-5. Act of 1996 is repealed. 42 USC 1395b-7 (3) EFFECTIVE DATES. — note. (A) STATEMENT BY SECRETARY.— Paragraph (1) of section 1806(a) of the Social Security Act, as added by paragraph (1), and the repeal made by paragraph (2) shall take effect on the date of the enactment of this Act. (B) ITEMIZED STATEMENT. —Paragraph (2) of section 1806(a) and section 1806(b) of the Social Security Act, as so added, shall take effect not later than January 1, 1999. SEC. 4312. DISCLOSURE OF INFORMATION AND SURETY BONDS. (a) DISCLOSURE OF INFORMATION AND SURETY BOND REQUIRE- MENT FOR SUPPLIERS OF DURABLE MEDICAL EQUIPMENT.—Section 1834(a) (42 U.S.C. 1395m(a)) is amended by inserting after paragraph (15) the following new paragraph: "(16) DISCLOSURE OF INFORMATION AND SURETY BOND.— The Secretary shall not provide for the issuance (or renewal) of a provider number for a supplier of durable medical equipment, for purposes of payment under this part for durable medical equipment furnished by the supplier, unless the supplier provides the Secretary on a continuing basis— "(A) with— "(i) full and complete information as to the identity of each person with an ownership or control interest (as defined in section 1124(a)(3)) in the supplier or in any subcontractor (as defined by the Secretary in regulations) in which the supplier directly or indirectly has a 5 percent or more ownership interest; and "(ii) to the extent determined to be feasible under regulations of the Secretary, the name of any disclosing entity (as defined in section 1124(a)(2)) with respect to which a person with such an ownership or control interest in the supplier is a person with such an ownership or control interest in the disclosing entity; and "(B) with a surety bond in a form specified by the Secretary and in an amount that is not less than $50,000. The Secretary may waive the requirement of a bond under subparagraph (B) in the case of a supplier that provides a comparable surety bond under State law.". (b) SURETY BOND REQUIREMENT FOR HOME HEALTH AGEN- (1) IN GENERAL.— Section 1861(o) (42 U.S.C. 1395x(o)) is amended— (A) in paragraph (6), by striking "and" at the end; (B) by redesignating paragraph (7) as paragraph (8); (C) by inserting after paragraph (6) the following new paragraph: "(7) provides the Secretary on a continuing basis with a surety bond in a form specified by the Secretary and in an amount that is not less than $50,000; and"; and

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