‘‘(B) SEPARATE
CATEGORIES
OF
PRO-
VIDERS OF SERVICES AND SUPPLIERS FOR IN-
FORMATION REPORTED.—When compiling and 
publicly reporting the information described in 
subparagraph (A), the Secretary shall create 
separate categories of providers and suppliers, 
including a separate category for orthotics and 
prosthetics instead of aggregating orthotics and 
prosthetics with durable medical equipment and 
supplies.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply not later than contract years 
beginning on or after the date of enactment of this Act. 
SEC. 9. MAINTAINING DUE PROCESS AND SATISFYING THE 
NINETY-DAY STATUTORY PERIOD FOR AD-
MINISTRATIVE LAW JUDGE DECISIONS. 
(a) TIMELY DECISIONS.—Subject to subsection (b), 
the Secretary shall not recoup more than 50 percent of 
any overpayments for qualified providers and hospitals in 
response to an audit carried out by a recovery audit con-
tractor under this section until an administrative law 
judge has rendered a decision, until such time as the Sec-
retary certifies that, in the majority of requests for hear-
ing filed by providers and suppliers under section 1869(d) 
of the Social Security Act (42 U.S.C. 1395ff(d)), an ad-
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ministrative law judge has rendered a decision within the 
90-day period beginning on the date a request for hearing 
has been timely filed. 
(1) For purposes of this subsection, a quali-
fying provider is one that— 
(A) meets the requirements as a Medicare 
provider or supplier; 
(B) has maintained a Medicare provider 
number for a minimum of six years; 
(C) is in good standing with applicable 
Federal and State laws and regulations; 
(D) has a good record of proper payments 
under Medicare, as determined by the Sec-
retary; and 
(E) the beneficiary was treated in person. 
(2) This subsection shall be voluntary for pro-
viders and shall not prohibit providers from choosing 
a different course of action. 
(b) EXCEPTION FOR AUDITS RELATED TO FRAUDU-
LENT ACTIVITY.—Notwithstanding subsection (a), the 
Secretary may recoup overpayments related to or resulting 
from fraudulent activity on the part of a Medicare pro-
vider or supplier. 
(c) EFFECTIVE DATE.—This section shall take effect 
on the date of enactment of this Act. 
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SEC. 10. CLARIFICATION ABOUT MINIMAL SELF-ADJUST-
MENT FOR OFF-THE-SHELF ORTHOTICS. 
(a) IN GENERAL.—Section 1847(a)(2)(C) of the So-
cial Security Act (42 U.S.C. 1395w–3(a)(2)(C)) is amend-
ed— 
(1) by inserting ‘‘furnished to a patient’’ after 
‘‘section 1861(s)(9) of this title’’; 
(2) by inserting ‘‘by that patient (and not by 
any other person)’’ after ‘‘minimal self-adjustment’’; 
and 
(3) by striking ‘‘to fit to the individual’’ and in-
serting ‘‘to fit to that patient’’. 
(b) INCLUSION IN MEDICAL AND OTHER HEALTH 
SERVICES.—Section 1861(s)(9) of the Social Security Act 
(42 U.S.C. 1395) is amended— 
(1) by striking ‘‘leg, arm’’ and inserting ‘‘(A) 
leg, arm’’; 
(2) in subparagraph (A), as added by para-
graph (1), by striking the semicolon and inserting ‘‘; 
and’’; and 
(3) by adding the following new subparagraph: 
‘‘(B) off-the-shelf orthotics (as defined in 
section 1847(a)(2)(C)).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on April 1, 2007, and apply 
to items and services furnished on or after such date. 
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SEC. 11. REGULATIONS. 
No later than 120 days after enactment of this Act, 
the Secretary shall promulgate regulations to implement— 
(1) the provisions of, and amendments made 
by, this Act; and 
(2) the provisions of, and amendments made 
by, section 427 of the Medicare, Medicaid and 
SCHIP Benefits Improvement and Protections Act 
of 2000, as enacted into law by section 1(a)(6) of 
Public Law 106–554. 
Æ 
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