Page:United States Statutes at Large Volume 111 Part 1.djvu/419

 PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 395 (as specified by the Secretary consistent with section 1866(a)(l)(S)) or which has such an interest in the hospital.". (b) MAINTENANCE AND DISCLOSURE OF INFORMATION ON POST- HOSPITAL HOME HEALTH AGENCIES AND OTHER ENTITIES. —Section 1866(a)(1) (42 U.S.C. 1395cc(a)(l)) is amended— (1) by striking "and" at the end of subparagraph (Q), (2) by striking the period at the end of subparagraph (R), and (3) by adding at the end the following new subparagraph: "(S) in the case of a hospital that has a financial interest (as specified by the Secretary in regulations) in an entity to which individuals are referred as described in section 1861(ee)(2)(H)(ii), or in which such an entity has such a financial interest, or in which another entity has such a financial interest (directly or indirectly) with such hospital and such an entity, to maintain and disclose to the Secretary (in a form and manner specified by the Secretary) information on— "(i) the nature of such financial interest, "(ii) the number of individuals who were discharged from the hospital and who were identified as requiring home health services, and "(iii) the percentage of such individuals who received such services from such provider (or another such provider).". (c) DISCLOSURE OF INFORMATION TO THE PUBLIC.— Title XI is amended by inserting after section 1145 the following new section: "PUBLIC DISCLOSURE OF CERTAIN INFORMATION ON HOSPITAL FINANCIAL INTEREST AND REFERRAL PATTERNS "SEC. 1146. The Secretary shall make available to the public, in a form and manner specified by the Secretary, information disclosed to the Secretary pursuant to section 1866(a)(l)(S).". (d) EFFECTIVE DATES. — (1) The amendments made by subsection (a) shall apply to discharges occurring on or after the date which is 90 days after the date of the enactment of this Act. (2) The Secretary of Health and Human Services shall issue regulations by not later than the date which is 1 year after the date of the enactment of this Act to carry out the amendments made by subsections (b) and (c) and such amendments shall take effect as of such date (on or after the issuance of such regulations) as the Secretary specifies in such regulations. 42 USC 1320b-16. 42 USC 1395X note. Regulations. 42 USC 1320b-16 note. CHAPTER 3—CLARIFICATIONS AND TECHNICAL CHANGES SEC. 4331. OTHER FRAUD AND ABUSE RELATED PROVISIONS. (a) REFERENCE CORRECTION.— (1) Section 1128D(b)(2)(D) (42 U.S.C. 1320a-7d(b)(2)(D)), as added by section 205 of the Health Insurance Portability and Accountability Act of 1996, is amended by striking "1128B(b)" and inserting "1128A(b)". (2) Section 1128E(g)(3)(C) (42 U.S.C. 1320a-7e(g)(3)(C)) is amended by striking "Veterans' Administration" and inserting "Department of Veterans Affairs".

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