Page:United States Statutes at Large Volume 111 Part 1.djvu/541

 PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 517 (D) by inserting before the semicolon the following: ", and (D) that each State or local officer, employee, or independent contractor who is responsible for selecting, awarding, or otherwise obtaining items and services under the State plan shall be subject to safeguards against conflicts of interest that are at least as stringent as the safeguards that apply under section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) to persons described in subsection (a)(2) of such section of that Act". (2) EFFECTIVE DATE.— The amendments made by paragraph (1) shall take effect on January 1, 1998. (d) AUTHORITY TO REFUSE TO ENTER INTO MEDICAID AGREE- MENTS WITH INDIVIDUALS OR ENTITIES CONVICTED OF FELONIES.— Section 1902(a)(23) (42 U.S.C. 1396(a)) is amended— (1) by striking "except as provided in subsection (g) and in section 1915 and except in the case of Puerto Rico, the Virgin Islands, and Guam,"; and (2) by inserting before the semicolon at the end the following: ", except as provided in subsection (g) and in section 1915, except that this paragraph shall not apply in the case of Puerto Rico, the Virgin Islands, and Guam, and except that nothing in this paragraph shall be construed as requiring a State to provide medical assistance for such services furnished by a person or entity convicted of a felony under Federal or State law for an offense which the State agency determines is inconsistent with the best interests of beneficiaries under the State plan". (e) MONITORING PAYMENTS FOR DUAL ELIGIBLES. —The Administrator of the Health Care Financing Administration shall develop mechanisms to improve the monitoring of, and to prevent, inappropriate payments under the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) in the case of individuals who are dually eligible for benefits under such program and under the medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.). (f) BENEFICIARY AND PROGRAM PROTECTION AGAINST WASTE, FRAUD, AND ABUSE. —Section 1902(a) (42 U.S.C. 1396a(a)) is amended— (1) by striking "and" at the end of paragraph (62); (2) by striking the period at the end of paragraph (63) and inserting "; and"; and (3) by inserting after paragraph (63) the following: "(64) provide, not later than 1 year after the date of the enactment of this paragraph, a mechanism to receive reports from beneficiaries and others and compile data concerning alleged instances of waste, fraud, and abuse relating to the operation of this title;". (g) DISCLOSURE OF INFORMATION AND SURETY BOND REQUIRE- MENT FOR SUPPLIERS OF DURABLE MEDICAL EQUIPMENT.— (1) REQUIREMENT.— Section 1902(a) (42 U.S.C. 1396a(a)), as amended by subsection (f), is amended— (A) by striking "and" at the end of paragraph (63); (B) by striking the period at the end of paragraph (64) and inserting "; and"; and (C) by inserting after paragraph (64) the following: "(65) provide that the State shall issue provider numbers for all suppliers of medical assistance consisting of durable 42 USC 1396a note. 42 USC 1396a note.

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