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‘‘(vii) enter into data sharing and 
data use agreements with partners in the 
partnership in such a manner so as to en-
sure the partnership has access to data 
necessary to identify waste, fraud, and 
abuse while maintaining the confidentiality 
and integrity of such data; 
‘‘(viii) provide partners in the partner-
ship with plan-specific, confidential feed-
back on any aberrant billing patterns or 
potential fraud identified by the partner-
ship with respect to such partner; 
‘‘(ix) establish a process by which en-
tities described in subparagraph (A) may 
enter the partnership and requirements 
such entities must meet to enter the part-
nership; 
‘‘(x) provide appropriate training, out-
reach, and education to partners based on 
the results of data analyses described in 
clauses (ii) and (iii); and 
‘‘(xi) perform such other duties as the 
Secretary determines appropriate. 
‘‘(D) SUBSTANCE USE DISORDER TREAT-
MENT ANALYSIS.—Not later than 2 years after 
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the date of the enactment of the Strengthening 
the Health Care Fraud Prevention Task Force 
Act of 2018, the trusted third party with a con-
tract in effect under subparagraph (B) shall 
perform an analysis of aberrant or fraudulent 
billing patterns and trends with respect to pro-
viders and suppliers of substance use disorder 
treatments from data shared with the partner-
ship. 
‘‘(E) EXECUTIVE BOARD.— 
‘‘(i) EXECUTIVE
BOARD
COMPOSI-
TION.— 
‘‘(I) IN
GENERAL.—There shall 
be an executive board of the partner-
ship comprised of representatives of 
the Federal Government and rep-
resentatives of the private sector se-
lected by the Secretary. 
‘‘(II) 
CHAIRS.—The 
executive 
board shall be co-chaired by one Fed-
eral Government official and one rep-
resentative from the private sector. 
‘‘(ii) 
MEETINGS.—The 
executive 
board of the partnership shall meet at 
least once per year. 
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‘‘(iii) EXECUTIVE
BOARD
DUTIES.— 
The duties of the executive board shall in-
clude the following: 
‘‘(I) Providing strategic direction 
for the partnership, including mem-
bership criteria and a mission state-
ment. 
‘‘(II) Communicating with the 
leadership of the Department of 
Health and Human Services and the 
Department of Justice and the var-
ious private health sector associations. 
‘‘(F) REPORTS.—Not later than September 
30, 2021, and every 2 years thereafter, the Sec-
retary shall submit to Congress and make avail-
able on the public website of the Centers for 
Medicare & Medicaid Services a report con-
taining— 
‘‘(i) a review of activities conducted by 
the partnership over the 2-year period end-
ing on the date of the submission of such 
report, including any progress to any ob-
jectives established by the partnership; 
‘‘(ii) any savings voluntarily reported 
by health plans participating in the part-
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nership attributable to the partnership 
during such period; 
‘‘(iii) any savings to the Federal gov-
ernment attributable to the partnership 
during such period; 
‘‘(iv) any other outcomes attributable 
to the partnership, as determined by the 
Secretary, during such period; and 
‘‘(v) a strategic plan for the 2-year 
period beginning on the day after the date 
of the submission of such report, including 
a description of any emerging fraud and 
abuse schemes, trends, or practices that 
the partnership intends to study during 
such period. 
‘‘(G) FUNDING.—The partnership shall be 
funded by amounts otherwise made available to 
the Secretary for carrying out the program de-
scribed in paragraph (1). 
‘‘(H) TRANSITIONAL PROVISIONS.—To the 
extent consistent with this subsection, all func-
tions, personnel, assets, liabilities, and adminis-
trative actions applicable on the date before the 
date of the enactment of this paragraph to the 
National Fraud Prevention Partnership estab-
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lished on September 17, 2012, by charter of the 
Secretary shall be transferred to the partner-
ship established under subparagraph (A) as of 
the date of the enactment of this paragraph. 
‘‘(I) NONAPPLICABILITY
OF
FACA.—The 
provisions of the Federal Advisory Committee 
Act shall not apply to the partnership estab-
lished by subparagraph (A). 
‘‘(J) IMPLEMENTATION.—Notwithstanding 
any other provision of law, the Secretary may 
implement the partnership established by sub-
paragraph (A) by program instruction or other-
wise. 
‘‘(K) DEFINITION.—For purposes of this 
paragraph, the term ‘trusted third party’ means 
an entity that— 
‘‘(i) demonstrates the capability to 
carry out the duties of the partnership de-
scribed in subparagraph (C); 
‘‘(ii) complies with such conflict of in-
terest standards determined appropriate by 
the Secretary; and 
‘‘(iii) meets such other requirements 
as the Secretary may prescribe.’’. 
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(b) POTENTIAL EXPANSION
OF PUBLIC-PRIVATE 
PARTNERSHIP ANALYSES.—Not later than 2 years after 
the date of the enactment of this Act, the Secretary of 
Health and Human Services shall conduct a study and 
submit to Congress a report on the feasibility of the part-
nership (as described in section 1128C(a)(6) of the Social 
Security Act, as added by subsection (a)) establishing a 
system to conduct real-time data analysis to proactively 
identify ongoing as well as emergent fraud trends for the 
entities participating in the partnership and provide such 
entities with real-time feedback on potentially fraudulent 
claims. Such report shall include the estimated cost of and 
any potential barriers to the partnership establishing such 
a system. 
Passed the House of Representatives November 28, 
2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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