Page:United States Statutes at Large Volume 91.djvu/1212

 91 STAT. 1178

PUBLIC LAW 95-142—OCT. 25, 1977

"(3) As used in this section, the term 'person with an ownership or control interest' means, with respect to an entity, a person who— "(A)(i) has directly or indirectly (as determined by the Secretary in regulations) an ownership interest of 5 per centum or more in the entity; or "(ii) is the owner (in whole or in part) of an interest of 5 per centum or more in any mortgage, deed of trust, note, or other obligation secured (in whole or in part) by the entity or any of the property or assets thereof; or "(B) is an officer or director of the entity, if the entity is organized as a corporation; or "(C) is a partner in the entity, if the entity is organized as a partnership. "(b) To the extent determined to be feasible under regulations of the Secretary, a disclosing entity shall also include in the information supplied under subsection (a)(1), with respect to each person with an ownership or control interest in the entity, the name of any other disclosing entity with respect to which the person is a person with an ownership or control interest.". 42 USC 1395x. (2) Section 1861(j) (11) of such Act is amended to read as follows: "(11) complies with the requirements of section 1124;". Agreements. (b) Clause (C) of section 1866(b)(2) of such Act is amended by 42 USC 1395cc. inserting " (i) " after "failed", and by adding after "to verify such information," the following: "or (ii) to supply (within such period as may be specified by the Secretary in regulations) upon request specifically addressed to such provider by the Secretary (I) full and complete information as to the ownership of a subcontractor (as defined by the Secretary in regulations) with whom such provider has had, during the previous twelve months, business transactions in an aggregate amount in excess of $25,000, and ( II) full and complete information as to any significant Ijusiness transactions (as defined by the Secretary in regulations), occurring during the five-year period ending on the date of such request, between such provider and any wholly owned supplier or between such provider and any subcontractor,". (c)(1) Section 1902(a) of such Act (as amended by section 2(b)(1) 42 USC 1396a. of this Act) is amended— (A) by amending paragraph (35) to read as follows: " (35) provide that any intermediate care facility receiving payments under such plan complies with the requirements of section 1124;"; Ante, p. 1177. (B) by striking out "and" at the end of paragraph (36); (C) by striking out the period at the end of paragraph (37) and inserting in lieu thereof "; and"; and Business records, (D) by inserting after paragraph (37) the following new availability. paragraph: "(38) require that an entity (other than an individual practitioner or a group of practitioners) that furnishes, or arranges for the furnishing of, items or services under the plan, shall supply (within such period as may be specified in regulations by the Secretary or by the single State agency which administers or supervises the administration of the plan) upon request specifically addressed to such entity by the Secretary or such State agency, respectively, (A) full and complete information as to the ownership of a subcontractor (as defined by the Secretary in regulations) with whom such entity has had, during the previous twelve months, business transactions in an aggregate amount

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