Page:United States Statutes at Large Volume 124.djvu/798

124 STAT. 772 PUBLIC LAW 111–148—MAR. 23, 2010 27(g)(2)(A)) is amended by inserting ‘‘except with respect to a determination under subparagraph (E), an assessment of not more than the amount claimed by such plan or plan sponsor based upon the misrepresentation or falsified information involved,’’ after ‘‘for each such determination,’’. (c) OBSTRUCTION OF PROGRAM AUDITS.—Section 1128(b)(2) of the Social Security Act (42 U.S.C. 1320a–7(b)(2)) is amended— (1) in the heading, by inserting ‘‘OR AUDIT’’ after ‘‘INVESTIGA- TION’’; and (2) by striking ‘‘investigation into’’ and all that follows through the period and inserting ‘‘investigation or audit related to—’’ ‘‘(i) any offense described in paragraph (1) or in subsection (a); or ‘‘(ii) the use of funds received, directly or indirectly, from any Federal health care program (as defined in section 1128B(f)).’’. (d) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall apply to acts committed on or after January 1, 2010. (2) EXCEPTION.—The amendments made by subsection (b)(1) take effect on the date of enactment of this Act. SEC. 6409. MEDICARE SELF-REFERRAL DISCLOSURE PROTOCOL. (a) DEVELOPMENT OF SELF-REFERRAL DISCLOSURE PROTOCOL.— (1) IN GENERAL.—The Secretary of Health and Human Services, in cooperation with the Inspector General of the Department of Health and Human Services, shall establish, not later than 6 months after the date of the enactment of this Act, a protocol to enable health care providers of services and suppliers to disclose an actual or potential violation of section 1877 of the Social Security Act (42 U.S.C. 1395nn) pursuant to a self-referral disclosure protocol (in this section referred to as an ‘‘SRDP’’). The SRDP shall include direction to health care providers of services and suppliers on— (A) a specific person, official, or office to whom such disclosures shall be made; and (B) instruction on the implication of the SRDP on corporate integrity agreements and corporate compliance agreements. (2) PUBLICATION ON INTERNET WEBSITE OF SRDP INFORMA- TION.—The Secretary of Health and Human Services shall post information on the public Internet website of the Centers for Medicare & Medicaid Services to inform relevant stakeholders of how to disclose actual or potential violations pursuant to an SRDP. (3) RELATION TO ADVISORY OPINIONS.—The SRDP shall be separate from the advisory opinion process set forth in regula- tions implementing section 1877(g) of the Social Security Act. (b) REDUCTION IN AMOUNTS OWED.—The Secretary of Health and Human Services is authorized to reduce the amount due and owing for all violations under section 1877 of the Social Security Act to an amount less than that specified in subsection (g) of such section. In establishing such amount for a violation, the Sec- retary may consider the following factors: Deadline. 42 USC 1395nn note. 42 USC 1320a–7 note.