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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. MEDICARE SELF-REFERRAL DISCLOSURE PRO-
TOCOL. 
(a) DEVELOPMENT
OF SELF-REFERRAL DISCLO-
SURE PROTOCOL.— 
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(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 pro-
tocol 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 pro-
viders 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 INFORMATION.—The Secretary of Health and 
Human Services shall post information on the public 
Internet website of the Centers for Medicare & Med-
icaid Services to inform relevant stakeholders of how 
to disclose actual or potential violations pursuant to 
an SRDP. 
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(3) RELATION
TO
ADVISORY
OPINIONS.—The 
SRDP shall be separate from the advisory opinion 
process set forth in regulations 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 estab-
lishing such amount for a violation, the Secretary may 
consider the following factors: 
(1) The nature and extent of the improper or 
illegal practice. 
(2) The timeliness of such self-disclosure. 
(3) The cooperation in providing additional in-
formation related to the disclosure. 
(4) Such other factors as the Secretary con-
siders appropriate. 
(c) REPORT.—Not later than 18 months after the 
date on which the SRDP protocol is established under sub-
section (a)(1), the Secretary shall submit to Congress a 
report on the implementation of this section. Such report 
shall include— 
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(1) the number of health care providers of serv-
ices and suppliers making disclosures pursuant to 
the SRDP; 
(2) the amounts collected pursuant to the 
SRDP; 
(3) the types of violations reported under the 
SRDP; and 
(4) such other information as may be necessary 
to evaluate the impact of this section. 
Æ 
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