Editorial Notes
Amendments
2010—Subsec. (c). Pub. L. 111–148 added subsec. (c).
1997—Subsec. (a)(1). Pub. L. 105–33, § 4313(a), inserted before period at end of concluding provisions “and supply the Secretary with the both the employer identification number (assigned pursuant to section 6109 of the Internal Revenue Code of 1986) and social security account number (assigned under section 405(c)(2)(B) of this title) of the disclosing entity, each person with an ownership or control interest (as defined in subsection (a)(3)), and any subcontractor in which the entity directly or indirectly has a 5 percent or more ownership interest.” The insertion was made to reflect the probable intent of Congress, in the absence of closing quotations designating the provisions to be inserted.
Subsec. (a)(2)(A). Pub. L. 105–33, § 4707(c), inserted “a managed care entity, as defined in section 1396u–2(a)(1)(B) of this title,” after “renal disease facility,”.
1987—Subsec. (a)(3)(A)(ii). Pub. L. 100–93 struck out “$25,000 or” after “exceeds”.
1981—Subsec. (a)(1). Pub. L. 97–35, § 2353(i)(1), substituted in subpars. (A) and (B) “and XIX” for “XIX, and XX”.
Subsec. (a)(2)(D). Pub. L. 97–35, § 2353(i)(2)(C), struck out subpar. (D) which included within term “disclosing entity” 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 subchapter XX of this chapter.
1980—Subsec. (a)(3)(A)(ii). Pub. L. 96–499 substituted “of a whole or part interest” for “(in whole or in part) of an interest of 5 per centum or more” and inserted “, which whole or part interest is equal to or exceeds $25,000 or 5 per centum of the total property and assets of the entity”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Pub. L. 105–33, title IV, § 4313(e), Aug. 5, 1997, 111 Stat. 389, provided that:
“(1) Disclosure requirements.—
The amendment made by subsection (a) [amending this section] shall apply to the application of conditions of participation, and entering into and renewal of contracts and agreements, occurring more than 90 days after the date of submission of the report under subsection (d) [set out as a note below].
“(2) Other providers.—
The amendments made by subsection (b) [amending
section 1320a–3a of this title] shall apply to payment for items and services furnished more than 90 days after the date of submission of such report.”
Amendment by section 4707(c) of Pub. L. 105–33 effective Aug. 5, 1997, and applicable to contracts entered into or renewed on or after Oct. 1, 1997, see section 4710 of Pub. L. 105–33, set out as a note under section 1396b of this title.
Effective Date
Pub. L. 95–142, § 3(e), Oct. 25, 1977, 91 Stat. 1179, provided that:
“The amendment made by subsection (a)(1) [enacting this section] shall apply with respect to certifications and recertifications made (and participation in the programs established by titles V, XVIII, XIX, and XX of the
Social Security Act [
42 U.S.C. 701 et seq., 1395 et seq., 1396 et seq., 1397 et seq.] pursuant to certifications and recertifications made), and fiscal intermediary or agent agreements or contracts entered into or renewed, on and after the date of the enactment of this Act [
Oct. 25, 1977]. The remaining amendments made by this section [amending sections
1395x and
1395cc of this title] shall take effect on the date of the enactment of this Act [
Oct. 25, 1977]; except that the amendments made by subsections (c) and (d) [amending sections
1396a,
1396b,
1397a, and
1397b of this title] shall become effective
January 1, 1978.”
Public Availability of Information
Pub. L. 111–148, title VI, § 6101(b), Mar. 23, 2010, 124 Stat. 702, provided that:
“Not later than the date that is 1 year after the date on which the final regulations promulgated under section 1124(c)(3)(A) of the
Social Security Act [
42 U.S.C. 1320a–3(c)(3)(A)], as added by subsection (a), are published in the Federal Register, the
Secretary of Health and Human Services shall make the information reported in accordance with such final regulations available to the public in accordance with procedures established by the
Secretary.”