Page:United States Statutes at Large Volume 108 Part 5.djvu/943

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PUBLIC LAW 103-432—OCT. 31, 1994 108 STAT. 4433 nature of the coverage provided under the plan, including the name, address, and identifying number of the plan.". (B) DISTRIBUTION OF QUESTIONNAIRE BY CONTRACTOR.— 42 USC i395y The Secretary of Health and Human Services shall enter "°*^- into an agreement with an entity not later than 60 days after the date of the enactment of the Social Security Act Amendments of 1994, to distribute the questionnaire described in section 1862(b)(5)(D) of the Social Security Act (as added by subparagraph (A)). (C) No MEDICARE SECONDARY PAYER DENIAL BASED ON FAILURE TO COMPLETE QUESTIONNAIRE. — Section 1862(b)(2) (42 U.S.C. 1395y(b)(2)) is amended by adding at the end the following new subparagraph:


may not fail to make payment under subparagraph (A) solely on the ground that an individual failed to complete a questionnaire concerning the existence of a primary plan. ". (2) MANDATORY SCREENING BY PROVIDERS AND SUPPLIERS UNDER PART B. — (A) IN GENERAL.— Section 1862(b) (42 U.S.C. 1395y(b)) is amended by adding at the end the following new paragraph: " (6) SCREENING REQUIREMENTS FOR PROVIDERS AND SUPPUERS. — "(A) IN GENERAL.—Notwithstanding any other provision of this title, no payment may be made for any item or service furnished under part B unless the entity furnishing such item or service completes (to the best of its knowledge and on the basis of information obtained from the individual to whom the item or service is ftimished) the portion of the claim form relating to the availability of other health benejfit plans. "(B) PENALTIES.— An entity that knowingly, willfully, and repeatedly fails to complete a claim form in accordance with subparagraph (A) or provides inaccurate information relating to the availabiMty of otiier health benefit plans on a claim form under such subparagraph shall be subject to a civil money penalty of not to exceed $2,000 for each such incident. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).". (B) EFFECTIVE DATE. —The amendment made by 42 USC I395y subparagraph (A) shall apply with respect to items and "°*^- services furnished on or after the expiration of the 120- day period beginning on the date of the enactment of this Act (b) IMPROVEMENTS IN RECOVERY OF PAYMENTS FROM PRIMARY PAYERS.— (1) SUBMISSION OF REPORTS ON EFFORTS TO RECOVER ERRO- NEOUS PAYMENTS.— (A) FISCAL INTERMEDLIVRIES UNDER PART A.— Section 1816 (42 U.S.C. 1396h) is amended by adding at the end 42 USC I395h. the following new subsection: