Page:United States Statutes at Large Volume 124.djvu/797

 124 STAT. 771 PUBLIC LAW 111–148—MAR. 23, 2010 (1) in paragraph (6), by striking ‘‘or’’ at the end; and (2) by inserting after paragraph (7) the following new para- graphs: ‘‘(8) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim for payment for items and services furnished under a Federal health care program; or ‘‘(9) fails to grant timely access, upon reasonable request (as defined by the Secretary in regulations), to the Inspector General of the Department of Health and Human Services, for the purpose of audits, investigations, evaluations, or other statutory functions of the Inspector General of the Department of Health and Human Services;’’; and (3) in the first sentence— (A) by striking ‘‘or in cases under paragraph (7)’’ and inserting ‘‘in cases under paragraph (7)’’; and (B) by striking ‘‘act)’’ and inserting ‘‘act, in cases under paragraph (8), $50,000 for each false record or statement, or in cases under paragraph (9), $15,000 for each day of the failure described in such paragraph)’’. (b) MEDICARE ADVANTAGE AND PART D PLANS.— (1) ENSURING TIMELY INSPECTIONS RELATING TO CONTRACTS WITH MA ORGANIZATIONS.—Section 1857(d)(2) of such Act (42 U.S.C. 1395w–27(d)(2)) is amended— (A) in subparagraph (A), by inserting ‘‘timely’’ before ‘‘inspect’’; and (B) in subparagraph (B), by inserting ‘‘timely’’ before ‘‘audit and inspect’’. (2) MARKETING VIOLATIONS.—Section 1857(g)(1) of the Social Security Act (42 U.S.C. 1395w–27(g)(1)) is amended— (A) in subparagraph (F), by striking ‘‘or’’ at the end; (B) by inserting after subparagraph (G) the following new subparagraphs: ‘‘(H) except as provided under subparagraph (C) or (D) of section 1860D–1(b)(1), enrolls an individual in any plan under this part without the prior consent of the indi- vidual or the designee of the individual; ‘‘(I) transfers an individual enrolled under this part from one plan to another without the prior consent of the individual or the designee of the individual or solely for the purpose of earning a commission; ‘‘(J) fails to comply with marketing restrictions described in subsections (h) and (j) of section 1851 or applicable implementing regulations or guidance; or ‘‘(K) employs or contracts with any individual or entity who engages in the conduct described in subparagraphs (A) through (J) of this paragraph;’’; and (C) by adding at the end the following new sentence: ‘‘The Secretary may provide, in addition to any other rem- edies authorized by law, for any of the remedies described in paragraph (2), if the Secretary determines that any employee or agent of such organization, or any provider or supplier who contracts with such organization, has engaged in any conduct described in subparagraphs (A) through (K) of this paragraph.’’. (3) PROVISION OF FALSE INFORMATION.—Section 1857(g)(2)(A) of the Social Security Act (42 U.S.C. 1395w– Determination.