Page:United States Statutes at Large Volume 124.djvu/784

124 STAT. 758 PUBLIC LAW 111–148—MAR. 23, 2010 as providers of services or suppliers in such managed care organizations and such plans; ‘‘(10) knows of an overpayment (as defined in paragraph (4) of section 1128J(d)) and does not report and return the overpayment in accordance with such section;’’; (iv) in the first sentence— (I) by striking the ‘‘or’’ after ‘‘prohibited rela- tionship occurs;’’; and (II) by striking ‘‘act)’’ and inserting ‘‘act; or in cases under paragraph (9), $50,000 for each false statement or misrepresentation of a material fact)’’; and (v) in the second sentence, by striking ‘‘purpose)’’ and inserting ‘‘purpose; or in cases under paragraph (9), an assessment of not more than 3 times the total amount claimed for each item or service for which payment was made based upon the application con- taining the false statement or misrepresentation of a material fact)’’. (B) CLARIFICATION OF TREATMENT OF CERTAIN CHARI- TABLE AND OTHER INNOCUOUS PROGRAMS.—Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a– 7a(i)(6)) is amended— (i) in subparagraph (C), by striking ‘‘or’’ at the end; (ii) in subparagraph (D), as redesignated by section 4331(e) of the Balanced Budget Act of 1997 (Public Law 105–33), by striking the period at the end and inserting a semicolon; (iii) by redesignating subparagraph (D), as added by section 4523(c) of such Act, as subparagraph (E) and striking the period at the end and inserting ‘‘; or’’; and (iv) by adding at the end the following new sub- paragraphs: ‘‘(F) any other remuneration which promotes access to care and poses a low risk of harm to patients and Federal health care programs (as defined in section 1128B(f) and designated by the Secretary under regula- tions); ‘‘(G) the offer or transfer of items or services for free or less than fair market value by a person, if— ‘‘(i) the items or services consist of coupons, rebates, or other rewards from a retailer; ‘‘(ii) the items or services are offered or transferred on equal terms available to the general public, regard- less of health insurance status; and ‘‘(iii) the offer or transfer of the items or services is not tied to the provision of other items or services reimbursed in whole or in part by the program under title XVIII or a State health care program (as defined in section 1128(h)); ‘‘(H) the offer or transfer of items or services for free or less than fair market value by a person, if— ‘‘(i) the items or services are not offered as part of any advertisement or solicitation; Regulations.