Page:United States Statutes at Large Volume 124.djvu/727

 124 STAT. 701 PUBLIC LAW 111–148—MAR. 23, 2010 paragraph (2) to the Secretary in a standardized format, and such other regulations as are necessary to carry out this subsection. Such final regulations shall ensure that the facility certifies, as a condition of participation and payment under the program under title XVIII or XIX, that the information reported by the facility in accordance with such final regulations is, to the best of the facility’s knowledge, accurate and current. ‘‘(B) GUIDANCE.—The Secretary shall provide guidance and technical assistance to States on how to adopt the standardized format under subparagraph (A). ‘‘(4) NO EFFECT ON EXISTING REPORTING REQUIREMENTS.— Nothing in this subsection shall reduce, diminish, or alter any reporting requirement for a facility that is in effect as of the date of the enactment of this subsection. ‘‘(5) DEFINITIONS.—In this subsection: ‘‘(A) ADDITIONAL DISCLOSABLE PARTY.—The term ‘addi- tional disclosable party’ means, with respect to a facility, any person or entity who— ‘‘(i) exercises operational, financial, or managerial control over the facility or a part thereof, or provides policies or procedures for any of the operations of the facility, or provides financial or cash management serv- ices to the facility; ‘‘(ii) leases or subleases real property to the facility, or owns a whole or part interest equal to or exceeding 5 percent of the total value of such real property; or ‘‘(iii) provides management or administrative serv- ices, management or clinical consulting services, or accounting or financial services to the facility. ‘‘(B) FACILITY.—The term ‘facility’ means a disclosing entity which is— ‘‘(i) a skilled nursing facility (as defined in section 1819(a)); or ‘‘(ii) a nursing facility (as defined in section 1919(a)). ‘‘(C) MANAGING EMPLOYEE.—The term ‘managing employee’ means, with respect to a facility, an individual (including a general manager, business manager, adminis- trator, director, or consultant) who directly or indirectly manages, advises, or supervises any element of the prac- tices, finances, or operations of the facility. ‘‘(D) ORGANIZATIONAL STRUCTURE.—The term ‘organiza- tional structure’ means, in the case of— ‘‘(i) a corporation, the officers, directors, and share- holders of the corporation who have an ownership interest in the corporation which is equal to or exceeds 5 percent; ‘‘(ii) a limited liability company, the members and managers of the limited liability company (including, as applicable, what percentage each member and man- ager has of the ownership interest in the limited liability company); ‘‘(iii) a general partnership, the partners of the general partnership; Certification.