Page:United States Statutes at Large Volume 124.djvu/720

 124 STAT. 694 PUBLIC LAW 111–148—MAR. 23, 2010 (except, in the case of information submitted with respect to a payment or other transfer of value described in sub- section (c)(1)(E)(i), such information shall be included in the first report submitted to Congress after the date on which such information is made available to the public under such subsection). ‘‘(B) A description of any enforcement actions taken to carry out this section, including any penalties imposed under subsection (b), during the preceding year. ‘‘(2) ANNUAL REPORTS TO STATES.—Not later than Sep- tember 30, 2013 and on June 30 of each calendar year there- after, the Secretary shall submit to States a report that includes a summary of the information submitted under subsection (a) during the preceding year with respect to covered recipients in the State (except, in the case of information submitted with respect to a payment or other transfer of value described in subsection (c)(1)(E)(i), such information shall be included in the first report submitted to States after the date on which such information is made available to the public under such subsection). ‘‘(3) RELATION TO STATE LAWS.— ‘‘(A) IN GENERAL.—In the case of a payment or other transfer of value provided by an applicable manufacturer that is received by a covered recipient (as defined in sub- section (e)) on or after January 1, 2012, subject to subpara- graph (B), the provisions of this section shall preempt any statute or regulation of a State or of a political subdivi- sion of a State that requires an applicable manufacturer (as so defined) to disclose or report, in any format, the type of information (as described in subsection (a)) regarding such payment or other transfer of value. ‘‘(B) NO PREEMPTION OF ADDITIONAL REQUIREMENTS.— Subparagraph (A) shall not preempt any statute or regula- tion of a State or of a political subdivision of a State that requires the disclosure or reporting of information— ‘‘(i) not of the type required to be disclosed or reported under this section; ‘‘(ii) described in subsection (e)(10)(B), except in the case of information described in clause (i) of such subsection; ‘‘(iii) by any person or entity other than an applicable manufacturer (as so defined) or a covered recipient (as defined in subsection (e)); or ‘‘(iv) to a Federal, State, or local governmental agency for public health surveillance, investigation, or other public health purposes or health oversight pur- poses. ‘‘(C) Nothing in subparagraph (A) shall be construed to limit the discovery or admissibility of information described in such subparagraph in a criminal, civil, or administrative proceeding. ‘‘(4) CONSULTATION.—The Secretary shall consult with the Inspector General of the Department of Health and Human Services on the implementation of this section. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) APPLICABLE GROUP PURCHASING ORGANIZATION.—The term ‘applicable group purchasing organization’ means a group