I 

111TH CONGRESS 

1ST SESSION H. R. 3556 

To require the Secretary of Health and Human Services to establish a 

self-referral disclosure protocol under the Medicare Program to enable 

health care providers of services and suppliers to disclose violations 

of section 1877 of the Social Security Act. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2009 

Mr. MCDERMOTT introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committee 

on Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To require the Secretary of Health and Human Services 

to establish a self-referral disclosure protocol under the 

Medicare Program to enable health care providers of 

services and suppliers to disclose violations of section 

1877 of the Social Security Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MEDICARE SELF-REFERRAL DISCLOSURE PRO4 TOCOL. 

5 (a) DEVELOPMENT OF SELF-REFERRAL DISCLO6 SURE PROTOCOL.— 


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•HR 3556 IH

1 (1) IN GENERAL.—The Secretary of Health and 

2 Human Services, in cooperation with the Inspector 

3 General of the Department of Health and Human 

4 Services, shall establish, not later than 6 months 

5 after the date of the enactment of this Act, a pro6 tocol to enable health care providers of services and 

7 suppliers to disclose an actual or potential violation 

8 of section 1877 of the Social Security Act (42 

9 U.S.C. 1395nn) pursuant to a self-referral disclosure 

10 protocol (in this section referred to as an ‘‘SRDP’’). 

11 The SRDP shall include direction to health care pro12 viders of services and suppliers on— 

13 (A) a specific person, official, or office to 

14 whom such disclosures shall be made; and 

15 (B) instruction on the implication of the 

16 SRDP on corporate integrity agreements and 

17 corporate compliance agreements. 

18 (2) PUBLICATION ON INTERNET WEBSITE OF

19 SRDP INFORMATION.—The Secretary of Health and 

20 Human Services shall post information on the public 

21 Internet website of the Centers for Medicare & Med22 icaid Services to inform relevant stakeholders of how 

23 to disclose actual or potential violations pursuant to 

24 an SRDP. 


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1 (3) RELATION TO ADVISORY OPINIONS.—The 

2 SRDP shall be separate from the advisory opinion 

3 process set forth in regulations implementing section 

4 1877(g) of the Social Security Act. 

5 (b) REDUCTION IN AMOUNTS OWED.—The Secretary 

6 of Health and Human Services is authorized to reduce the 

7 amount due and owing for all violations under section 

8 1877 of the Social Security Act to an amount less than 

9 that specified in subsection (g) of such section. In estab10 lishing such amount for a violation, the Secretary may 

11 consider the following factors: 

12 (1) The nature and extent of the improper or 

13 illegal practice. 

14 (2) The timeliness of such self-disclosure. 

15 (3) The cooperation in providing additional in16 formation related to the disclosure. 

17 (4) Such other factors as the Secretary con18 siders appropriate. 

19 (c) REPORT.—Not later than 18 months after the 

20 date on which the SRDP protocol is established under sub21 section (a)(1), the Secretary shall submit to Congress a 

22 report on the implementation of this section. Such report 

23 shall include— 


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1 (1) the number of health care providers of serv2 ices and suppliers making disclosures pursuant to 

3 the SRDP; 

4 (2) the amounts collected pursuant to the 

5 SRDP; 

6 (3) the types of violations reported under the 

7 SRDP; and 

8 (4) such other information as may be necessary 

9 to evaluate the impact of this section. 

Æ 


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