Page:United States Statutes at Large Volume 115 Part 1.djvu/1026

 115 STAT. 1004 PUBLIC LAW 107-105—DEC. 27, 2001 without regard to chapter 35 of title 44, United States Code (commonly known as the "Paperwork Reduction Act"). (5) ANALYSIS OF PLANS; REPORTS ON SOLUTIONS.— (A) ANALYSIS OF PLANS.— (i) FURNISHING OF PLANS. —Subject to subparagraph (D), the Secretary of Health and Human Services shall furnish the National Committee on Vital and Health Statistics with a sample of the plans submitted under paragraph (2) for analysis by such Committee. (ii) ANALYSIS. —The National Committee on Vital and Health Statistics shall analyze the sample of the plans furnished under clause (i). (B) REPORTS ON SOLUTIONS.—The National Committee on Vital and Health Statistics shall regularly publish, and widely disseminate to the public, reports containing effective solutions to compliance problems identified in the plans analyzed under subparagraph (A). Such reports shall not relate specifically to any one plan but shall be written for the purpose of assisting the maximum number of persons to come into compliance by addressing the most common or challenging problems encountered by persons submitting such plans. (C) CONSULTATION.— In carrying out this paragraph, the National Committee on Vital and Health Statistics shall consult with each organization— (i) described in section 1172(c)(3)(B) of the Social Security Act (42 U.S.C. 1320d-l(c)(3)(B)); or (ii) designated by the Secretary of Health and Human Services under section 162.910(a) of title 45, Code of Federal Regulations. (D) PROTECTION OF CONFIDENTIAL INFORMATION. — (i) IN GENERAL. —The Secretary of Health and Human Services shall ensure that any material provided under subparagraph (A) to the National Committee on Vital and Health Statistics or any organization described in subparagraph (C) is redacted so as to prevent the disclosure of any— (I) trade secrets; (II) commercial or financial information that is privileged or confidential; and (III) other information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (ii) CONSTRUCTION.— Nothing in clause (i) shall be construed to affect the application of section 552 of title 5, United States Code (commonly known as the "Freedom of Information Act"), including the exceptions from disclosure provided under subsection (b) of such section. (6) ENFORCEMENT THROUGH EXCLUSION FROM PARTICIPA- TION IN MEDICARE. — (A) IN GENERAL.—In the case of a person described in paragraph (1) who fails to submit a plan in accordance with paragraph (2), and who is not in compliance with the applicable requirements of subparts I through R of part 162 of title 45, Code of Federal Regulations, on or after October 16, 2002, the person may be excluded at

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