Page:United States Statutes at Large Volume 124.djvu/801

124 STAT. 775 PUBLIC LAW 111–148—MAR. 23, 2010 (2) COORDINATION; REGULATIONS.— (A) IN GENERAL.—The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall coordinate the expansion of the Recovery Audit Contractor program to Medicaid with States, particularly with respect to each State that enters into a contract with a recovery audit contractor for purposes of the State’s Medicaid program prior to December 31, 2010. (B) REGULATIONS.—The Secretary of Health and Human Services shall promulgate regulations to carry out this subsection and the amendments made by this sub- section, including with respect to conditions of Federal financial participation, as specified by the Secretary. (b) EXPANSION TO MEDICARE PARTS C AND D.—Section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘part A or B’’ and inserting ‘‘this title’’; (2) in paragraph (2), by striking ‘‘parts A and B’’ and inserting ‘‘this title’’; (3) in paragraph (3), by inserting ‘‘(not later than December 31, 2010, in the case of contracts relating to payments made under part C or D)’’ after ‘‘2010’’; (4) in paragraph (4), in the matter preceding subparagraph (A), by striking ‘‘part A or B’’ and inserting ‘‘this title’’; and (5) by adding at the end the following: ‘‘(9) SPECIAL RULES RELATING TO PARTS C AND D.—The Secretary shall enter into contracts under paragraph (1) to require recovery audit contractors to— ‘‘(A) ensure that each MA plan under part C has an anti-fraud plan in effect and to review the effectiveness of each such anti-fraud plan; ‘‘(B) ensure that each prescription drug plan under part D has an anti-fraud plan in effect and to review the effectiveness of each such anti-fraud plan; ‘‘(C) examine claims for reinsurance payments under section 1860D–15(b) to determine whether prescription drug plans submitting such claims incurred costs in excess of the allowable reinsurance costs permitted under para- graph (2) of that section; and ‘‘(D) review estimates submitted by prescription drug plans by private plans with respect to the enrollment of high cost beneficiaries (as defined by the Secretary) and to compare such estimates with the numbers of such bene- ficiaries actually enrolled by such plans.’’. (c) ANNUAL REPORT.—The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medi- care & Medicaid Services, shall submit an annual report to Congress concerning the effectiveness of the Recovery Audit Contractor pro- gram under Medicaid and Medicare and shall include such reports recommendations for expanding or improving the program. 42 USC 1396a note. 42 USC 1396a note.