Page:United States Statutes at Large Volume 124.djvu/717

 124 STAT. 691 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(C) Any payment or other transfer of value provided to a physician holding such an ownership or investment interest (or to an entity or individual at the request of or designated on behalf of a physician holding such an ownership or investment interest), including the informa- tion described in clauses (i) through (viii) of paragraph (1)(A), except that in applying such clauses, ‘physician’ shall be substituted for ‘covered recipient’ each place it appears. ‘‘(D) Any other information regarding the ownership or investment interest the Secretary determines appro- priate. ‘‘(b) PENALTIES FOR NONCOMPLIANCE.— ‘‘(1) FAILURE TO REPORT.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B) except as provided in paragraph (2), any applicable manufacturer or applicable group purchasing organization that fails to submit information required under subsection (a) in a timely manner in accordance with rules or regulations promulgated to carry out such subsection, shall be subject to a civil money penalty of not less than $1,000, but not more than $10,000, for each payment or other transfer of value or ownership or investment interest not reported as required under such subsection. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. ‘‘(B) LIMITATION.—The total amount of civil money pen- alties imposed under subparagraph (A) with respect to each annual submission of information under subsection (a) by an applicable manufacturer or applicable group pur- chasing organization shall not exceed $150,000. ‘‘(2) KNOWING FAILURE TO REPORT.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), any applicable manufacturer or applicable group purchasing organization that knowingly fails to submit information required under subsection (a) in a timely manner in accord- ance with rules or regulations promulgated to carry out such subsection, shall be subject to a civil money penalty of not less than $10,000, but not more than $100,000, for each payment or other transfer of value or ownership or investment interest not reported as required under such subsection. Such penalty shall be imposed and collected in the same manner as civil money penalties under sub- section (a) of section 1128A are imposed and collected under that section. ‘‘(B) LIMITATION.—The total amount of civil money pen- alties imposed under subparagraph (A) with respect to each annual submission of information under subsection (a) by an applicable manufacturer or applicable group pur- chasing organization shall not exceed $1,000,000. ‘‘(3) USE OF FUNDS.—Funds collected by the Secretary as a result of the imposition of a civil money penalty under this subsection shall be used to carry out this section. ‘‘(c) PROCEDURES FOR SUBMISSION OF INFORMATION AND PUBLIC AVAILABILITY.— ‘‘(1) IN GENERAL.—