Page:United States Statutes at Large Volume 124.djvu/777

 124 STAT. 751 PUBLIC LAW 111–148—MAR. 23, 2010 the CHIP program under title XXI if the Secretary deter- mines such moratorium is necessary to prevent or combat fraud, waste, or abuse under either such program. ‘‘(B) LIMITATION ON REVIEW.—There shall be no judicial review under section 1869, section 1878, or otherwise, of a temporary moratorium imposed under subparagraph (A). ‘‘(7) COMPLIANCE PROGRAMS.— ‘‘(A) IN GENERAL.—On or after the date of implementa- tion determined by the Secretary under subparagraph (C), a provider of medical or other items or services or supplier within a particular industry sector or category shall, as a condition of enrollment in the program under this title, title XIX, or title XXI, establish a compliance program that contains the core elements established under subpara- graph (B) with respect to that provider or supplier and industry or category. ‘‘(B) ESTABLISHMENT OF CORE ELEMENTS.—The Sec- retary, in consultation with the Inspector General of the Department of Health and Human Services, shall establish core elements for a compliance program under subpara- graph (A) for providers or suppliers within a particular industry or category. ‘‘(C) TIMELINE FOR IMPLEMENTATION.—The Secretary shall determine the timeline for the establishment of the core elements under subparagraph (B) and the date of the implementation of subparagraph (A) for providers or suppliers within a particular industry or category. The Secretary shall, in determining such date of implementa- tion, consider the extent to which the adoption of compli- ance programs by a provider of medical or other items or services or supplier is widespread in a particular industry sector or with respect to a particular provider or supplier category.’’. (b) MEDICAID.— (1) STATE PLAN AMENDMENT.—Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), as amended by section 4302(b), is amended— (A) in subsection (a)— (i) by striking ‘‘and’’ at the end of paragraph (75); (ii) by striking the period at the end of paragraph (76) and inserting a semicolon; and (iii) by inserting after paragraph (76) the following: ‘‘(77) provide that the State shall comply with provider and supplier screening, oversight, and reporting requirements in accordance with subsection (ii);’’; and (B) by adding at the end the following: ‘‘(ii) PROVIDER AND SUPPLIER SCREENING, OVERSIGHT, AND REPORTING REQUIREMENTS.—For purposes of subsection (a)(77), the requirements of this subsection are the following: ‘‘(1) SCREENING.—The State complies with the process for screening providers and suppliers under this title, as estab- lished by the Secretary under section 1886(j)(2). ‘‘(2) PROVISIONAL PERIOD OF ENHANCED OVERSIGHT FOR NEW PROVIDERS AND SUPPLIERS.—The State complies with proce- dures to provide for a provisional period of enhanced oversight for new providers and suppliers under this title, as established by the Secretary under section 1886(j)(3). Determination.