Page:United States Statutes at Large Volume 114 Part 5.djvu/553

 PUBLIC LAW 106-554—APPENDIX F 114 STAT. 2763A-513 "(5) APPLICABILITY OF FEDERAL ACQUISITION REGULATION. — The Federal Acquisition Regulation shall apply to program administration contracts under this subsection. "(6) PERFORMANCE STANDARDS. —The Secretary shall establish performance standards for the program administrator including, as applicable, standards for the quality and costeffectiveness of the program administered, and such other factors as the Secretary finds appropriate. The eligibility of entities for the initial award, continuation, and renewal of program administration contracts shall be conditioned, at a minimum, on performance that meets or exceeds such standards. "(7) FUNCTIONS OF PROGRAM ADMINISTRATOR.— ^A program administrator shall perform any or all of the following functions, as specified by the Secretary: " (A) AGREEMENTS WITH ENTITIES FURNISHING HEALTH CARE ITEMS AND SERVICES. — Determine the qualifications of entities seeking to enter or renew agreements to provide services under the demonstration program, and as appropriate enter or renew (or refuse to enter or renew) such agreements on behalf of the Secretary. " (B) ESTABLISHMENT OF PAYMENT RATES.— Negotiate or otherwise establish, subject to the Secretary's approval, payment rates for covered health care items and services. "(C) PAYMENT OF CLAIMS OR FEES.— Administer pay- ments for health care items or services furnished under the program. "(D) PAYMENT OF BONUSES. —Using such guidelines as the Secretary shall establish, and subject to the approval of the Secretary, make bonus payments as described in subsection (c)(2)(A)(ii) to entities furnishing items or services for which payment may be made under the program. "(E) OVERSIGHT.— Monitor the compliance of individuals and entities with agreements under the program with the conditions of participation. "(F) ADMINISTRATIVE REVIEW. —Conduct reviews of adverse determinations specified in subsection (a)(6). " (G) REVIEW OF MARKETING MATERIALS. —Conduct a review of marketing materials proposed by an entity furnishing services under the program. "(H) ADDITIONAL FUNCTIONS.— Perform such other functions as the Secretary may specify. "(8) LIMITATION OF LIABILITY. —The provisions of section 1157(b) shall apply with respect to activities of contractors and their officers, employees, and agents under a contract under this subsection. "(9) INFORMATION SHARING. —Notwithstanding section 1106 and section 552a of title 5, United States Code, the Secretary is authorized to disclose to an entity with a program administration contract under this subsection such information (including medical information) on individuals receiving health care items and services under the program as the entity may require to carry out its responsibilities under the contract. " (c) RULES APPLICABLE TO BOTH PROGRAM AGREEMENTS AND PROGRAM ADMINISTRATION CONTRACTS.— " (1) RECORDS, REPORTS, AND AUDITS.— The Secretary is authorized to require entities with agreements to provide health care items or services under the demonstration program, and

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