Page:United States Statutes at Large Volume 108 Part 5.djvu/944

This page needs to be proofread.


108 STAT. 4434 PUBLIC LAW 103-432—OCT. 31, 1994 "(k) An agreement with an agency or organization under this section shall require that such agency or organization submit an annual report to the Secretary describing the steps taken to recover payments made for items or services for which payment has been or could be made under a primary plan (as defined in section 1862(b)(2)(A)).". (B) CARRIERS UNDER PART B.—Section 1842(b)(3) (42 U.S.C. 1395u(b)(3)) is amended— (i) by striking "and" at the end of subparagraph (G); (ii) by striking "and" at the end of subparagraph (H); and (iii) by inserting after subparagraph (H) the following new subparagraph: "(I) will submit annual reports to the Secretary describing the steps taken to recover payments made under this part for items or services for which payment has been or could be made under a primary plan (as defined in section 1862(b)(2)(A)); and". (2) REQUIREMENTS UNDER CARRIER PERFORMANCE EVALUA- TION PROGRAM.— (A) FISCAL INTERMEDIARIES UNDER PART A.—Section 42 USC I395h. 1816(f)(1)(A) (42 U.S.C. 1396h(f)(l)(A)) is amended by striking "processing" and inserting "processing (including the agency's or organization's success in recovering payments made under this title for services for which payment has been or could be made under a primary plan (as defined in section 1862(b)(2)(A)))". (B) CARRIERS UNDER PART B. —Section 1842(b)(2) (42 U.S.C. 1395u(b)(2)) is amended by adding at the end the following new subparagraph: "(D) In addition to any other standards and criteria established by the Secretary for evaluating carrier performance under this paragraph relating to avoiding erroneous pa3nnents, the carrier shall be subject to standards and criteria relating to the carrier's success in recovering pa3anents made under this part for items or services for which payment has been or could be made under a primary plan (as defined in section 1862(b)(2)(A)).". (3) DEADLINE FOR REIMBURSEMENT BY PRIMARY PLANS.— (A) IN GENERAL.— Section 1862(b)(2)(B)(i) (42 U.S.C. 1395y(b)(2)(B)(i)) is amended by adding at the end the following sentence: "If reimbursement is not made to the appropriate Trust Fund before the expiration of the 60- day period that begins on the date such notice or other information is received, the Secretary may charge interest (beginning with the date on which the notice or other information is received) on the amount of the reimbursement until reimbursement is made (at a rate determined by the Secretary in accordance with regulations of the Secretary of the Treasury applicable to charges for late payments).". (B) CONFORMING AMENDMENT. — The heading of clause 42 USC I395y. (i) of section 1862(b)(2)(B) is amended to read as follows: "R E PAY M ENT REQUIRED. — ". 42 USC l395y (C) EFFECTIVE DATE.— The amendments made by this "°*® paragraph shall apply to payments for items and services