and all that follows and inserting the following: ‘‘entity
that—
‘‘(i) provides the community mental health serv-
ices specified in paragraph (1) of section 1913(c) of
the Public Health Service Act;
‘‘(ii) meets applicable certification or licensing
requirements for community mental health centers
in the State in which it is located;
‘‘(iii) provides a significant share of its services
to individuals who are not eligible for benefits under
this title; and
‘‘(iv) meets such additional standards or re-
quirements for obtaining Medicare billing privileges
as the Secretary may specify to ensure—
‘‘(I) the health and safety of beneficiaries
receiving such services; or
‘‘(II) the furnishing of such services in an
effective and efficient manner.’’.
(b) 
RESTRICTION.—Section 
1861(ff)(3)(A) 
(42
U.S.C. 1395x(ff)(3)(A)) is amended by inserting ‘‘other
than in an individual’s home or in an inpatient or residen-
tial setting’’ before the period.
(c) EFFECTIVE DATE.—The amendments made by
this section apply to items and services furnished after the
sixth month that begins after the date of enactment of
this Act.
SEC. 806. LIMITING THE DISCHARGE OF DEBTS IN BANK-
RUPTCY PROCEEDINGS IN CASES WHERE A
HEALTH CARE PROVIDER OR A SUPPLIER EN-
GAGES IN FRAUDULENT ACTIVITY.
(a) IN GENERAL.—
(1) CIVIL
MONETARY
PENALTIES.—Section
1128A(a) (42 U.S.C. 1320a–7a(a)) is amended by
adding at the end the following: ‘‘Notwithstanding
any other provision of law, amounts made payable
under this section are not dischargeable under sec-
tion 727, 1141, 1228 (a) or (b), or 1328 of title 11,
United States Code, or any other provision of such
title.’’.
(2) RECOVERY
OF
OVERPAYMENT
TO
PRO-
VIDERS
OF
SERVICES
UNDER
PART
A
OF
MEDI-
CARE.—Section 1815(d) (42 U.S.C. 1395g(d)) is
amended—
(A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(B) by adding at the end the following:
‘‘(2) Notwithstanding any other provision of law,
amounts due to the Secretary under this section are not
dischargeable under section 727, 1141, 1228 (a) or (b),
or 1328 of title 11, United States Code, or any other pro-
vision of such title if the overpayment was the result of
fraudulent activity, as may be defined by the Secretary.’’.
(3) RECOVERY OF OVERPAYMENT OF BENEFITS
UNDER PART B OF MEDICARE.—Section 1833(j) (42
U.S.C. 1395l(j)) is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(j)’’; and
(B) by adding at the end the following:
‘‘(2) Notwithstanding any other provision of law,
amounts due to the Secretary under this section are not
dischargeable under section 727, 1141, 1228 (a) or (b),
or 1328 of title 11, United States Code, or any other pro-
vision of such title if the overpayment was the result of
fraudulent activity, as may be defined by the Secretary.’’.
(4) COLLECTION
OF
PAST-DUE
OBLIGATIONS
ARISING FROM BREACH OF SCHOLARSHIP AND LOAN
CONTRACT.—Section 
1892(a) 
(42 
U.S.C.
1395ccc(a)) is amended by adding at the end the
following:
‘‘(5) Notwithstanding any other provision of
law, amounts due to the Secretary under this section
are not dischargeable under section 727, 1141, 1228
(a) or (b), or 1328 of title 11, United States Code,
or any other provision of such title.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) apply to bankruptcy petitions filed after the
date of enactment of this Act.
SEC. 807. ILLEGAL DISTRIBUTION OF A MEDICARE OR MED-
ICAID 
BENEFICIARY 
IDENTIFICATION 
OR
PROVIDER NUMBER.
(a) IN GENERAL.—Section 1128B(b) (42 U.S.C.
1320a–7b(b)), as amended by section 803(b), is amended
by adding at the end the following:
‘‘(5) Whoever knowingly, intentionally, and with the
intent to defraud purchases, sells or distributes, or ar-
ranges for the purchase, sale, or distribution of 2 or more
Medicare or Medicaid beneficiary identification numbers
or provider numbers shall be imprisoned for not more than
3 years or fined under title 18, United States Code (or,
if greater, an amount equal to the monetary loss to the
Federal and any State government as a result of such
acts), or both.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) takes effect on the date of enactment of
this Act and applies to acts committed on or after the date
of enactment of this Act.
SEC. 808. TREATMENT OF CERTAIN SOCIAL SECURITY ACT
CRIMES AS FEDERAL HEALTH CARE OF-
FENSES.
(a) IN GENERAL.—Section 24(a) of title 18, United
States Code, is amended—
(1) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and
(2) by adding at the end the following:
‘‘(3) section 1128B of the Social Security Act
(42 U.S.C. 1320a–7b).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) takes effect on the date of enactment of
this Act and applies to acts committed on or after the date
of enactment of this Act.
SEC. 809. AUTHORITY OF OFFICE OF INSPECTOR GENERAL
OF 
THE 
DEPARTMENT 
OF 
HEALTH 
AND
HUMAN SERVICES.
(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, upon designation by the Inspector General of
the Department of Health and Human Services, any
criminal investigator of the Office of Inspector General of
such department may, in accordance with guidelines
issued by the Secretary of Health and Human Services
and approved by the Attorney General, while engaged in
activities within the lawful jurisdiction of such Inspector
General—
(1) obtain and execute any warrant or other
process issued under the authority of the United
States;
(2) make an arrest without a warrant for—
(A) any offense against the United States
committed in the presence of such investigator;
or
(B) any felony offense against the United
States, if such investigator has reasonable cause
to believe that the person to be arrested has
committed or is committing that felony offense;
and
(3) exercise any other authority necessary to
carry out the authority described in paragraphs (1)
and (2).
(b) FUNDS.—The Office of Inspector General of the
Department of Health and Human Services may receive
and expend funds that represent the equitable share from
the forfeiture of property in investigations in which the
Office of Inspector General participated, and that are
transferred to the Office of Inspector General by the De-
partment of Justice, the Department of the Treasury, or
the United States Postal Service. Such equitable sharing
funds shall be deposited in a separate account and shall
remain available until expended.
SEC. 810. UNIVERSAL PRODUCT NUMBERS ON CLAIMS
FORMS FOR REIMBURSEMENT UNDER THE
MEDICARE PROGRAM.
(a) UPNS ON CLAIMS FORMS FOR REIMBURSEMENT
UNDER THE MEDICARE PROGRAM.—
(1) ACCOMMODATION OF UPNS ON MEDICARE
CLAIMS FORMS.—Not later than February 1, 2001,
all claims forms developed or used by the Secretary
of Health and Human Services for reimbursement
under the Medicare Program under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.)
shall accommodate the use of universal product
numbers for a UPN covered item.
(2) REQUIREMENT FOR PAYMENT OF CLAIMS.—
Title XVIII (42 U.S.C. 1395 et seq.) (as amended
by section 802(a)) is amended by adding at the end
the following:
‘‘USE OF UNIVERSAL PRODUCT NUMBERS
‘‘SEC. 1899A. (a) IN GENERAL.—No payment shall
be made under this title for any claim for reimbursement
for any UPN covered item unless the claim contains the
universal product number of the UPN covered item.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) UPN COVERED ITEM.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘UPN covered
item’ means—
‘‘(i) a covered item (as defined in sec-
tion 1834(a)(13));
‘‘(ii) an item described in paragraph
(8) or (9) of section 1861(s);
‘‘(iii) an item described in paragraph
(5) of section 1861(s); and
‘‘(iv) any other item for which pay-
ment is made under this title that the Sec-
retary determines to be appropriate.
‘‘(B) EXCLUSION.—The term ‘UPN cov-
ered item’ does not include a customized item
for which payment is made under this title.
‘‘(2) 
UNIVERSAL
PRODUCT
NUMBER.—The
term ‘universal product number’ means a number
that is—
‘‘(A) affixed by the manufacturer to each
individual UPN covered item that uniquely
identifies the item at each packaging level; and
‘‘(B) based on commercially acceptable
identification standards, such as standards es-
tablished by the Uniform Code Council-Inter-
national Article Numbering System or the
Health 
Industry 
Business 
Communication
Council.’’.
(3) DEVELOPMENT AND IMPLEMENTATION OF
PROCEDURES.—
(A) INFORMATION
INCLUDED
IN
UPN.—
The Secretary of Health and Human Services,
in consultation with manufacturers and entities
with appropriate expertise, shall determine the
relevant descriptive information appropriate for
inclusion in a universal product number for a
UPN covered item.
(B) REVIEW OF PROCEDURE.—From the
information obtained by the use of universal
product numbers on claims for reimbursement
under the Medicare Program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et
seq.), the Secretary of Health and Human
Services, in consultation with interested parties,
shall periodically review the UPN covered items
billed under the Health Care Financing Admin-
istration Common Procedure Coding System
and adjust such coding system to ensure that
functionally equivalent UPN covered items are
billed and reimbursed under the same codes.
(4) EFFECTIVE DATE.—The amendment made
by paragraph (2) applies to claims for reimburse-
ment submitted on and after February 1, 2002.
(b) STUDY AND REPORTS TO CONGRESS.—
(1) STUDY.—The Secretary of Health and
Human Services shall conduct a study on the results
of the implementation of the provisions in para-
graphs (1) and (3) of subsection (a) and the amend-
ment to the Social Security Act in paragraph (2) of
that subsection.
(2) REPORTS.—
(A) PROGRESS REPORT.—Not later than 6
months after the date of enactment of this Act,
the Secretary of Health and Human Services
shall submit a report to the appropriate com-
mittees of Congress that contains a detailed de-
scription of the progress of the matters studied
pursuant to paragraph (1).
(B) IMPLEMENTATION.—Not later than 18
months after the date of enactment of this Act,
and annually thereafter for 3 years, the Sec-
retary of Health and Human Services shall sub-
mit a report to the appropriate committees of
Congress that contains a detailed description of
the results of the study conducted pursuant to
paragraph (1), together with the Secretary’s
recommendations regarding the use of universal
product numbers and the use of data obtained
from the use of such numbers.
(c) DEFINITIONS.—In this section:
(1) UPN COVERED
ITEM.—The term ‘‘UPN
covered item’’ has the meaning given such term in
section 1899A(b)(1) of the Social Security Act (as
added by subsection (a)(2)).
(2) UNIVERSAL PRODUCT NUMBER.—The term
‘‘universal product number’’ has the meaning given
such term in section 1899A(b)(2) of the Social Secu-
rity Act (as added by subsection (a)(2)).
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary for the purpose of carrying out the provisions
in paragraphs (1) and (3) of subsection (a), subsection
(b), and section 1899A of the Social Security Act (as
added by subsection (a)(2)).
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