Page:United States Statutes at Large Volume 120.djvu/106

 PUBLIC LAW 109–171—FEB. 8, 2006

120 STAT. 75

plan approved under this title (or under any waiver of such plan approved under section 1115) to determine whether fraud, waste, or abuse has occurred, is likely to occur, or whether such actions have any potential for resulting in an expenditure of funds under this title in a manner which is not intended under the provisions of this title. ‘‘(2) Audit of claims for payment for items or services furnished, or administrative services rendered, under a State plan under this title, including— ‘‘(A) cost reports; ‘‘(B) consulting contracts; and ‘‘(C) risk contracts under section 1903(m). ‘‘(3) Identification of overpayments to individuals or entities receiving Federal funds under this title. ‘‘(4) Education of providers of services, managed care entities, beneficiaries, and other individuals with respect to payment integrity and quality of care. ‘‘(c) ELIGIBLE ENTITY AND CONTRACTING REQUIREMENTS.— ‘‘(1) IN GENERAL.—An entity is eligible to enter into a contract under the Program to carry out any of the activities described in subsection (b) if the entity satisfies the requirements of paragraphs (2) and (3). ‘‘(2) ELIGIBILITY REQUIREMENTS.—The requirements of this paragraph are the following: ‘‘(A) The entity has demonstrated capability to carry out the activities described in subsection (b). ‘‘(B) In carrying out such activities, the entity agrees to cooperate with the Inspector General of the Department of Health and Human Services, the Attorney General, and other law enforcement agencies, as appropriate, in the investigation and deterrence of fraud and abuse in relation to this title and in other cases arising out of such activities. ‘‘(C) The entity complies with such conflict of interest standards as are generally applicable to Federal acquisition and procurement. ‘‘(D) The entity meets such other requirements as the Secretary may impose. ‘‘(3) CONTRACTING REQUIREMENTS.—The entity has contracted with the Secretary in accordance with such procedures as the Secretary shall by regulation establish, except that such procedures shall include the following: ‘‘(A) Procedures for identifying, evaluating, and resolving organizational conflicts of interest that are generally applicable to Federal acquisition and procurement. ‘‘(B) Competitive procedures to be used— ‘‘(i) when entering into new contracts under this section; ‘‘(ii) when entering into contracts that may result in the elimination of responsibilities under section 202(b) of the Health Insurance Portability and Accountability Act of 1996; and ‘‘(iii) at any other time considered appropriate by the Secretary. ‘‘(C) Procedures under which a contract under this section may be renewed without regard to any provision of law requiring competition if the contractor has met or

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