Page:United States Statutes at Large Volume 124.djvu/806

 124 STAT. 780 PUBLIC LAW 111–148—MAR. 23, 2010 SEC. 6602. CLARIFYING DEFINITION. Section 24(a)(2) of title 18, United States Code, is amended by inserting ‘‘or section 411, 518, or 511 of the Employee Retirement Income Security Act of 1974,’’ after ‘‘1954 of this title’’. SEC. 6603. DEVELOPMENT OF MODEL UNIFORM REPORT FORM. Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–91 et seq.) is amended by adding at the end the following: ‘‘SEC. 2794. UNIFORM FRAUD AND ABUSE REFERRAL FORMAT. ‘‘The Secretary shall request the National Association of Insur- ance Commissioners to develop a model uniform report form for private health insurance issuer seeking to refer suspected fraud and abuse to State insurance departments or other responsible State agencies for investigation. The Secretary shall request that the National Association of Insurance Commissioners develop rec- ommendations for uniform reporting standards for such referrals.’’. SEC. 6604. APPLICABILITY OF STATE LAW TO COMBAT FRAUD AND ABUSE. (a) IN GENERAL.—Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.), as amended by section 6601, is further amended by adding at the end the following: ‘‘SEC. 520. APPLICABILITY OF STATE LAW TO COMBAT FRAUD AND ABUSE. ‘‘The Secretary may, for the purpose of identifying, preventing, or prosecuting fraud and abuse, adopt regulatory standards estab- lishing, or issue an order relating to a specific person establishing, that a person engaged in the business of providing insurance through a multiple employer welfare arrangement described in section 3(40) is subject to the laws of the States in which such person operates which regulate insurance in such State, notwith- standing section 514(b)(6) of this Act or the Liability Risk Retention Act of 1986, and regardless of whether the law of the State is otherwise preempted under any of such provisions. This section shall not apply to any plan or arrangement that does not fall within the meaning of the term ‘multiple employer welfare arrange- ment’ under section 3(40)(A).’’. (b) CONFORMING AMENDMENT.—The table of sections for part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 6601, is further amended by adding at the end the following: ‘‘Sec. 520. Applicability of State law to combat fraud and abuse.’’. SEC. 6605. ENABLING THE DEPARTMENT OF LABOR TO ISSUE ADMINIS- TRATIVE SUMMARY CEASE AND DESIST ORDERS AND SUMMARY SEIZURES ORDERS AGAINST PLANS THAT ARE IN FINANCIALLY HAZARDOUS CONDITION. (a) IN GENERAL.—Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.), as amended by section 6604, is further amended by adding at the end the following: 29 USC 1150. 42 USC 300gg–95.