12 2 STA T . 2 56 5 PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 200 8requi re m e ntsap p ly t o su ch pro f essionals an d per - sons w ith respect to the furnishin g of such items and ser v ices .’ ’. (B)CONSTRUC T I ON. —S ection 1834 (a)( 20 )( F )(ii) of the Social Security A ct , as added b y subparagraph (A), shall not be construed as preventing the Secretary of H ealth and Human Services from implementing the first round of competition under section 184 7 of such Act on a timely basis. (2) D ISC L OSUR E O F SU B CONTR A CTORS UN D ER CO MP ETITI V E AC Q UISITION PRO G RAM.—Section 1847(b)(3) of such Act (42 U .S.C. 13 95 w – 3(b)(3)) is amended by adding at the end the following new subparagraph
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‘(C) DISCLOSURE OF SUBCONTRACTORS.— ‘‘(i) I NITIAL DISCLOSURE.— N ot later than 10 days after the date a supplier enters into a contract with the Secretary under this section, such supplier shall disclose to the Secretary, in a form and manner speci- fied by the Secretary, the information on— ‘‘(I) each subcontracting relationship that such supplier has in furnishing items and services under the contract
and ‘‘(II) whether each such subcontractor meets the requirement of section 1834(a)(20)(F)(i), if applicable to such subcontractor. ‘‘(ii) SUBSEQUENT DISCLOSURE.—Not later than 10 days after such a supplier subsequently enters into a subcontracting relationship described in clause (i)(II), such supplier shall disclose to the Secretary, in such form and manner, the information described in sub- clauses (I) and (II) of clause (i).’’. (3) COMPETITIVE ACQUISITION OMBUDSMAN.—Such section is further amended by adding at the end the following new subsection: ‘‘(f) COMPETITIVE ACQUISITION O MBUDSMAN.— T he Secretary shall provide for a competitive acquisition ombudsman within the Centers for M edicare & Medicaid Services in order to respond to complaints and inquiries made by suppliers and individuals relating to the application of the competitive acquisition program under this section. The ombudsman may be within the office of the Medicare Beneficiary Ombudsman appointed under section 1808(c). The ombudsman shall submit to Congress an annual report on the activities under this subsection, which report shall be coordi- nated with the report provided under section 1808(c)(2)(C).’’. (c) C H ANGE IN R EPORTS AND DEADLINES.— (1) G AO REPORT.—Section 302(b)(3) of the Medicare P rescription Drug, Improvement, and Moderni z ation Act of 2003 (Public L aw 108-173) is amended— (A) in subparagraph (A)— (i) by inserting ‘‘and as amended by section 2 of the Medicare DM E POS Competitive Acquisition Reform Act of 2008’’ after ‘‘as amended by paragraph (1)’’; and (ii) by inserting before the period at the end the following: ‘‘and the topics specified in subparagraph (C)’’; 42USC1395w– 3 note.R e p o r t s . E st abli s hm ent. D ea d line. 42 USC 1395m note.
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