I 111th CONGRESS 1st Session H. R. 3556 IN THE HOUSE OF REPRESENTATIVES September 14, 2009 Mr. McDermott introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of Health and Human Services to establish a self-referral disclosure protocol under the Medicare Program to enable health care providers of services and suppliers to disclose violations of section 1877 of the Social Security Act.

1.

Medicare self-referral disclosure protocol

(a)

Development of self-Referral disclosure protocol

(1)

In general

The Secretary of Health and Human Services, in cooperation with the Inspector General of the Department of Health and Human Services, shall establish, not later than 6 months after the date of the enactment of this Act, a protocol to enable health care providers of services and suppliers to disclose an actual or potential violation of section 1877 of the Social Security Act (42 U.S.C. 1395nn) pursuant to a self-referral disclosure protocol (in this section referred to as an “SRDP”). The SRDP shall include direction to health care providers of services and suppliers on— (A)a specific person, official, or office to whom such disclosures shall be made; and (B)instruction on the implication of the SRDP on corporate integrity agreements and corporate compliance agreements. (2)

Publication on Internet website of SRDP information

The Secretary of Health and Human Services shall post information on the public Internet website of the Centers for Medicare & Medicaid Services to inform relevant stakeholders of how to disclose actual or potential violations pursuant to an SRDP. (3)

Relation to advisory opinions

The SRDP shall be separate from the advisory opinion process set forth in regulations implementing section 1877(g) of the Social Security Act. (b)

Reduction in amounts owed

The Secretary of Health and Human Services is authorized to reduce the amount due and owing for all violations under section 1877 of the Social Security Act to an amount less than that specified in subsection (g) of such section. In establishing such amount for a violation, the Secretary may consider the following factors: (1)The nature and extent of the improper or illegal practice. (2)The timeliness of such self-disclosure. (3)The cooperation in providing additional information related to the disclosure. (4)Such other factors as the Secretary considers appropriate. (c)

Report

Not later than 18 months after the date on which the SRDP protocol is established under subsection (a)(1), the Secretary shall submit to Congress a report on the implementation of this section. Such report shall include— (1)the number of health care providers of services and suppliers making disclosures pursuant to the SRDP; (2)the amounts collected pursuant to the SRDP; (3)the types of violations reported under the SRDP; and (4)such other information as may be necessary to evaluate the impact of this section.