Page:United States Statutes at Large Volume 91.djvu/1211

 PUBLIC LAW 95-142—OCT. 25, 1977 (D) by inserting at the end thereof the following paragraph: "The requirement of clause (A) of paragraph (37) with respect to a State plan may be waived by the Secretary if he finds that the State has exercised good faith in trying to meet such requirement.". (2) The amendments made by paragraph (1) shall apply to calendar quarters beginning on and after July 1, 1978, with respect to State plans approved under title X IX of the Social Security Act.

91 STAT. 1177 State plans.

Effective date. 42 USC 1396a note. 42 USC 1396.

DISCLOSURE o r OWNERSHIP AND RELATED INFORMATION

SEC. 3. (a)(1) Part A of title X I of the Social Security Act is Regulations, amended by inserting immediately after section 1123 the following ^^ USC 1301. new section: DISCLOSURE OF OWNERSHIP AND RELATED INFORMATION

"SEC. 1124. (a)(1) The Secretary shall by regulation or by con- 42 USC 1320a-3. tract provision provide that each disclosing entity (as defined in paragraph (2)) shall— "(A) as a condition of the disclosing entity's participation in, or certification or recertification under, any of the programs 42 USC 701, established by titles V, X VIII, X IX, and XX,' or "(B) as a condition for the approval or renewal of a contract or 1395, 1396, agreement between the disclosing entity and the Secretary or the 1397. appropriate State agency under any of the programs established under titles V, X VIII, X IX, and XX, supply the Secretary or the appropriate State agency with full and complete information as to the identity of each person with an ownership or control interest (as defined in paragraph (3)) in the entity or in any subcontractor (as defined by the Secretary in regulations) in which the entity directly or indirectly has a 5 per centum or more ownership interest. "(2) As used in this section, the term 'disclosing entity' means an Definitions. entity which is— " (A) a provider of services (as defined in section 1861(u), other than a fund), an independent clinical laboratory, a renal disease facility, or a health maintenance organization (as defined in sec42 USC 300e. tion 1301(a) of the Public Health Service Act); "(B) an entity (other than an individual practitioner or group of practitioners) that furnishes, or arranges for the furnishing of, items or services with respect to which payment may be claimed by the entity under any plan or program established pursuant to title V or under a State plan approved under title X IX; "(C) a carrier or other agency or organization that is acting as a fiscal intermediary or agent with respect to one or more providers of services (for purposes of part A or part B of title X VIII, or both, or for purposes of a State plan approved under title X IX) pursuant to (i) an agreement under section 1816, (ii) a Po^^' P- 1198. contract under section 1842, or (iii) an agreement with a single 42 USC 1395u. State agency administering or supervising the administration of a State plan approved under title X IX; or "(D) an entity (other than an individual practitioner or group of practitioners) that furnishes, or arranges for the furnishing of, health related services with respect to which payment may be claimed by the entity under a State plan or program approved under title XX.

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