Page:United States Statutes at Large Volume 124.djvu/778

 124 STAT. 752 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(3) DISCLOSURE REQUIREMENTS.—The State requires pro- viders and suppliers under the State plan or under a waiver of the plan to comply with the disclosure requirements estab- lished by the Secretary under section 1886(j)(4). ‘‘(4) TEMPORARY MORATORIUM ON ENROLLMENT OF NEW PRO- VIDERS OR SUPPLIERS.— ‘‘(A) TEMPORARY MORATORIUM IMPOSED BY THE SEC- RETARY.— ‘‘(i) IN GENERAL.—Subject to clause (ii), the State complies with any temporary moratorium on the enroll- ment of new providers or suppliers imposed by the Secretary under section 1886(j)(6). ‘‘(ii) EXCEPTION.—A State shall not be required to comply with a temporary moratorium described in clause (i) if the State determines that the imposition of such temporary moratorium would adversely impact beneficiaries’ access to medical assistance. ‘‘(B) MORATORIUM ON ENROLLMENT OF PROVIDERS AND SUPPLIERS.—At the option of the State, the State imposes, for purposes of entering into participation agreements with providers or suppliers under the State plan or under a waiver of the plan, periods of enrollment moratoria, or numerical caps or other limits, for providers or suppliers identified by the Secretary as being at high-risk for fraud, waste, or abuse as necessary to combat fraud, waste, or abuse, but only if the State determines that the imposition of any such period, cap, or other limits would not adversely impact beneficiaries’ access to medical assistance. ‘‘(5) COMPLIANCE PROGRAMS.—The State requires providers and suppliers under the State plan or under a waiver of the plan to establish, in accordance with the requirements of section 1866(j)(7), a compliance program that contains the core ele- ments established under subparagraph (B) of that section 1866(j)(7) for providers or suppliers within a particular industry or category. ‘‘(6) REPORTING OF ADVERSE PROVIDER ACTIONS.—The State complies with the national system for reporting criminal and civil convictions, sanctions, negative licensure actions, and other adverse provider actions to the Secretary, through the Adminis- trator of the Centers for Medicare & Medicaid Services, in accordance with regulations of the Secretary. ‘‘(7) ENROLLMENT AND NPI OF ORDERING OR REFERRING PRO- VIDERS.—The State requires— ‘‘(A) all ordering or referring physicians or other profes- sionals to be enrolled under the State plan or under a waiver of the plan as a participating provider; and ‘‘(B) the national provider identifier of any ordering or referring physician or other professional to be specified on any claim for payment that is based on an order or referral of the physician or other professional. ‘‘(8) OTHER STATE OVERSIGHT.—Nothing in this subsection shall be interpreted to preclude or limit the ability of a State to engage in provider and supplier screening or enhanced pro- vider and supplier oversight activities beyond those required by the Secretary.’’. (2) DISCLOSURE OF MEDICARE TERMINATED PROVIDERS AND SUPPLIERS TO STATES.—The Administrator of the Centers for 42 USC 1395cc note. Determination. Determination.