in computing such threshold amount 
and such cost of collection. 
‘‘(C) 
EXCLUSION
OF
ONGOING
EX-
PENSES.—For purposes of this paragraph and 
with respect to a settlement, judgment, award, 
or other payment not otherwise addressed in 
clause (ii) of paragraph (2)(B) that includes on-
going responsibility for medical payments (ex-
cluding settlements, judgments, awards, or 
other payments made by a workers’ compensa-
tion law or plan or no fault insurance), the 
amount utilized for calculation of the threshold 
described in subparagraph (A) shall include 
only the cumulative value of the medical pay-
ments made under this title. 
‘‘(D) REPORT
TO
CONGRESS.—Not later 
than November 15 before each year, the Sec-
retary shall submit to the Congress a report on 
the single threshold amount for settlements, 
judgments, awards, or other payments for con-
ditional payment obligations arising from liabil-
ity insurance (including self-insurance) and al-
leged incidents described in subparagraph (A) 
for that year and on the establishment and ap-
plication of similar thresholds for such pay-
ments for conditional payment obligations aris-
ing from worker compensation cases and from 
no fault insurance cases subject to this section 
for the year. For each such report, the Sec-
retary shall— 
‘‘(i) calculate the threshold amount by 
using the methodology applicable to certain 
liability claims described in subparagraph 
(B); and 
‘‘(ii) include a summary of the meth-
odology and data used in calculating each 
threshold amount and the amount of esti-
mated savings under this title achieved by 
the Secretary implementing each such 
threshold.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to years beginning with 2014. 
SEC. 203. REPORTING REQUIREMENT. 
Section 1862(b)(8) of the Social Security Act (42 
U.S.C. 1395y(b)(8)) is amended— 
(1) in the first sentence of subparagraph (E)(i), 
by striking ‘‘shall be subject’’ and all that follows 
through the end of the sentence and inserting the 
following: ‘‘may be subject to a civil money penalty
of up to $1,000 for each day of noncompliance with 
respect to each claimant.’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(I) REGULATIONS.—Not later than 60 
days after the date of the enactment of this 
subparagraph, the Secretary shall publish a no-
tice in the Federal Register soliciting proposals, 
which will be accepted during a 60-day period, 
for the specification of practices for which sanc-
tions will and will not be imposed under sub-
paragraph (E), including not imposing sanc-
tions for good faith efforts to identify a bene-
ficiary pursuant to this paragraph under an ap-
plicable entity responsible for reporting infor-
mation. After considering the proposals so sub-
mitted, the Secretary, in consultation with the 
Attorney General, shall publish in the Federal 
Register, including a 60-day period for com-
ment, proposed specified practices for which 
such sanctions will and will not be imposed. 
After considering any public comments received 
during such period, the Secretary shall issue 
final rules specifying such practices.’’.
SEC. 204. USE OF SOCIAL SECURITY NUMBERS AND OTHER 
IDENTIFYING INFORMATION IN REPORTING. 
Section 1862(b)(8)(B) of the Social Security Act (42 
U.S.C. 1395y(b)(8)(B)) is amended by adding at the end 
(after and below clause (ii)) the following: 
‘‘Not later than 18 months after the date of en-
actment of this sentence, the Secretary shall 
modify the reporting requirements under this 
paragraph so that an applicable plan in com-
plying with such requirements is permitted but 
not required to access or report to the Sec-
retary beneficiary social security account num-
bers or health identification claim numbers, ex-
cept that the deadline for such modification 
shall be extended by one or more periods (speci-
fied by the Secretary) of up to 1 year each if 
the Secretary notifies the committees of juris-
diction of the House of Representatives and of 
the Senate that the prior deadline for such 
modification, without such extension, threatens 
patient privacy or the integrity of the secondary 
payer program under this subsection. Any such 
deadline extension notice shall include informa-
tion on the progress being made in imple-
menting such modification and the anticipated 
implementation date for such modification.’’.
SEC. 205. STATUTE OF LIMITATIONS. 
(a) IN GENERAL.—Section 1862(b)(2)(B)(iii) of the 
Social Security Act (42 U.S.C. 1395y(b)(2)(B)(iii)) is 
amended by adding at the end the following new sentence: 
‘‘An action may not be brought by the United States 
under this clause with respect to payment owed unless the 
complaint is filed not later than 3 years after the date 
of the receipt of notice of a settlement, judgment, award, 
or other payment made pursuant to paragraph (8) relating 
to such payment owed.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to actions brought 
and penalties sought on or after 6 months after the date 
of the enactment of this Act. 
Passed the House of Representatives December 19, 
2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. R. 1845 
AN ACT 
To provide a demonstration project providing Medi-
care coverage for in-home administration of in-
travenous immune globulin (IVIG) and to amend 
title XVIII of the Social Security Act with re-
spect to the application of Medicare secondary 
payer rules for certain claims.