Page:United States Statutes at Large Volume 124.djvu/795

124 STAT. 769 PUBLIC LAW 111–148—MAR. 23, 2010 orders to be made by enrolled physicians and health professions) to all other categories of items or services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), including covered part D drugs as defined in section 1860D–2(e) of such Act (42 U.S.C. 1395w–102), that are ordered, prescribed, or referred by a physician enrolled under section 1866(j) of such Act (42 U.S.C. 1395cc(j)) or an eligible professional under section 1848(k)(3)(B) of such Act (42 U.S.C. 1395w–4(k)(3)(B)). (d) EFFECTIVE DATE.—The amendments made by this section shall apply to written orders and certifications made on or after July 1, 2010. SEC. 6406. REQUIREMENT FOR PHYSICIANS TO PROVIDE DOCUMENTA- TION ON REFERRALS TO PROGRAMS AT HIGH RISK OF WASTE AND ABUSE. (a) PHYSICIANS AND OTHER SUPPLIERS.—Section 1842(h) of the Social Security Act (42 U.S.C. 1395u(h)) is amended by adding at the end the following new paragraph: ‘‘(9) The Secretary may revoke enrollment, for a period of not more than one year for each act, for a physician or supplier under section 1866(j) if such physician or supplier fails to maintain and, upon request of the Secretary, provide access to documentation relating to written orders or requests for payment for durable medical equipment, certifications for home health services, or refer- rals for other items or services written or ordered by such physician or supplier under this title, as specified by the Secretary.’’. (b) PROVIDERS OF SERVICES.—Section 1866(a)(1) of such Act (42 U.S.C. 1395cc) is further amended— (1) in subparagraph (U), by striking at the end ‘‘and’’; (2) in subparagraph (V), by striking the period at the end and adding ‘‘; and’’; and (3) by adding at the end the following new subparagraph: ‘‘(W) maintain and, upon request of the Secretary, pro- vide access to documentation relating to written orders or requests for payment for durable medical equipment, certifications for home health services, or referrals for other items or services written or ordered by the provider under this title, as specified by the Secretary.’’. (c) OIG PERMISSIVE EXCLUSION AUTHORITY.—Section 1128(b)(11) of the Social Security Act (42 U.S.C. 1320a–7(b)(11)) is amended by inserting ‘‘, ordering, referring for furnishing, or certifying the need for’’ after ‘‘furnishing’’. (d) EFFECTIVE DATE.—The amendments made by this section shall apply to orders, certifications, and referrals made on or after January 1, 2010. SEC. 6407. FACE TO FACE ENCOUNTER WITH PATIENT REQUIRED BEFORE PHYSICIANS MAY CERTIFY ELIGIBILITY FOR HOME HEALTH SERVICES OR DURABLE MEDICAL EQUIP- MENT UNDER MEDICARE. (a) CONDITION OF PAYMENT FOR HOME HEALTH SERVICES.— (1) PART A.—Section 1814(a)(2)(C) of such Act is amended— (A) by striking ‘‘and such services’’ and inserting ‘‘such services’’; and (B) by inserting after ‘‘care of a physician’’ the fol- lowing: ‘‘, and, in the case of a certification made by a physician after January 1, 2010, prior to making such 42 USC 1395f. 42 USC 1320a–7 note. 42 USC 1395f note.