H. R. 133—1770 
‘‘(A) POINT OF CONTACT.—The Secretary shall, as deter-
mined appropriate by the Secretary, administer the pro-
gram under this subsection through a contract with a single 
program administrator. 
‘‘(B) BENEFIT DESIGN.—The Secretary shall ensure that 
the transitional coverage provided to LI NET eligible 
individuals under this subsection— 
‘‘(i) provides access to all covered part D drugs 
under an open formulary; 
‘‘(ii) permits all pharmacies determined by the Sec-
retary to be in good standing to process claims under 
the program; 
‘‘(iii) is consistent with such requirements as the 
Secretary considers necessary to improve patient safety 
and ensure appropriate dispensing of medication; and 
‘‘(iv) meets such other requirements as the Sec-
retary may establish. 
‘‘(5) RELATIONSHIP TO OTHER PROVISIONS OF THIS TITLE; 
WAIVER AUTHORITY.— 
‘‘(A) IN GENERAL.—The following provisions shall not 
apply with respect to the program under this subsection: 
‘‘(i) Paragraphs (1) and (3)(B) of section 1860D– 
4(a) (relating to dissemination of general information; 
availability of information on changes in formulary 
through the internet). 
‘‘(ii) Subparagraphs (A) and (B) of section 1860D– 
4(b)(3) (relating to requirements on development and 
application of formularies; formulary development). 
‘‘(iii) Paragraphs (1)(C) and (2) of section 1860D– 
4(c) (relating to medication therapy management pro-
gram). 
‘‘(B) WAIVER
AUTHORITY.—The Secretary may waive 
such other requirements of title XI and this title as may 
be necessary to carry out the purposes of the program 
established under this subsection. 
‘‘(6) CONTRACTING AUTHORITY.—The authority vested in the 
Secretary by this subsection may be performed without regard 
to such provisions of law or regulations relating to the making, 
performance, amendment, or modification of contracts of the 
United States as the Secretary may determine to be incon-
sistent with the furtherance of the purpose of this title.’’. 
SEC. 119. INCREASING THE USE OF REAL-TIME BENEFIT TOOLS TO 
LOWER BENEFICIARY COSTS. 
(a) REQUIRING PRESCRIPTION DRUG PLAN SPONSORS AND MEDI-
CARE ADVANTAGE ORGANIZATIONS TO INCLUDE REAL-TIME BENEFIT 
INFORMATION UNDER MEDICARE PART D.—Section 1860D–4 of the 
Social Security Act (42 U.S.C. 1395w–104) is amended— 
(1) by redesignating subsection (m) (relating to program 
integrity transparency measures), as added by section 6063(c) 
of the Substance Use-Disorder Prevention that Promotes Opioid 
Recovery and Treatment for Patients and Communities Act 
(Public Law 115–271), as subsection (n); and 
(2) by adding at the end the following new subsection: 
‘‘(o) REAL-TIME BENEFIT INFORMATION.— 
‘‘(1) IN
GENERAL.—After the Secretary has adopted a 
standard under paragraph (3) for electronic real-time benefit
H. R. 133—1771 
tools, and at a time determined appropriate by the Secretary, 
a PDP sponsor of a prescription drug plan shall implement 
one or more of such tools that meet the requirements described 
in paragraph (2). 
‘‘(2) REQUIREMENTS.—For purposes of paragraph (1), the 
requirements described in this paragraph, with respect to an 
electronic real-time benefit tool, are that the tool is capable 
of— 
‘‘(A) integrating with electronic prescribing and elec-
tronic health record systems of prescribing health care 
professionals for the transmission of formulary and benefit 
information in real time to such professionals; and 
‘‘(B) with respect to a covered part D drug, transmitting 
such information specific to an individual enrolled in a 
prescription drug plan, including the following: 
‘‘(i) A list of any clinically-appropriate alternatives 
to such drug included in the formulary of such plan. 
‘‘(ii) Cost-sharing information and the negotiated 
price for such drug and such alternatives at multiple 
pharmacy options, including the individual’s preferred 
pharmacy and, as applicable, other retail pharmacies 
and a mail order pharmacy. 
‘‘(iii) The formulary status of such drug and such 
alternatives and any prior authorization or other utili-
zation management requirements applicable to such 
drug and such alternatives included in the formulary 
of such plan. 
‘‘(3) STANDARDS.—In order to be treated (for purposes of 
this subsection) as an electronic real-time benefit tool described 
in paragraph (1), such tool shall comply with technical stand-
ards adopted by the Secretary in consultation with the National 
Coordinator for Health Information Technology through notice 
and comment rulemaking. Such technical standards adopted 
by the Secretary shall be developed by a standards development 
organization, such as the National Council for Prescription 
Drug Programs, that consults with stakeholders such as PDP 
sponsors, Medicare Advantage organizations, beneficiary advo-
cates, health care professionals, and health information tech-
nology software vendors. 
‘‘(4) RULES OF CONSTRUCTION.—Nothing in this subsection 
shall be construed— 
‘‘(A) to prohibit the application of paragraph (b)(7) of 
section 423.160 of title 42, Code of Federal Regulations, 
as is to be added to such section pursuant to the final 
rule published in the Federal Register on May 23, 2019, 
and titled ‘Modernizing Part D and Medicare Advantage 
To Lower Drug Prices and Reduce Out-of-Pocket Expenses’ 
(84 Fed. Reg. 23832 through 23884); or 
‘‘(B) to allow a PDP sponsor to use a real-time benefit 
tool to steer an individual, without the consent of the 
individual, to a particular pharmacy or pharmacy type 
over their preferred pharmacy or pharmacy type nor pro-
hibit the designation of an individual’s preferred pharmacy 
under such tool.’’. 
(b) REQUIRING QUALIFIED ELECTRONIC HEALTH RECORDS TO 
INCLUDE REAL-TIME BENEFIT TOOLS.—Section 3000(13) of the Public 
Health Service Act (42 U.S.C. 300jj(13)) is amended—
H. R. 133—1772 
(1) in subparagraph (A), by striking ‘‘and’’ at the end; 
(2) in subparagraph (B), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) includes, or is capable of including, a real-time 
benefit tool that conveys patient-specific real-time cost and 
coverage information with respect to prescription drugs 
that, with respect to any health information technology 
certified for electronic prescribing, the technology shall be 
capable of incorporating the information described in 
clauses (i) through (iii) of paragraph (2)(B) of section 
1860D–4(o) of the Social Security Act at a time specified 
by the Secretary but not before the Secretary adopts a 
standard for such tools as described in paragraph (1) of 
such section.’’. 
(c) INCLUSION OF USE OF REAL-TIME ELECTRONIC INFORMATION 
IN
SHARED
DECISION-MAKING
UNDER
MIPS.—Section 
1848(q)(2)(B)(iii)(IV) of the Social Security Act (42 U.S.C. 1395w– 
4(q)(2)(B)(iii)(IV)) is amended by adding at the end the following 
new sentences: ‘‘This subcategory shall include as an activity, for 
performance periods beginning on or after January 1, 2022, use 
of a real-time benefit tool as described in section 1860D–4(o). The 
Secretary may establish this activity as a standalone or as a compo-
nent of another activity.’’. 
SEC. 120. BENEFICIARY ENROLLMENT SIMPLIFICATION. 
(a) BENEFICIARY ENROLLMENT SIMPLIFICATION.— 
(1) EFFECTIVE DATE OF COVERAGE.—Section 1838(a) of the 
Social Security Act (42 U.S.C. 1395q(a)) is amended— 
(A) by amending paragraph (2) to read as follows: 
‘‘(2)(A) in the case of an individual who enrolls pursuant 
to subsection (d) of section 1837 before the month in which 
he first satisfies paragraph (1) or (2) of section 1836(a), the 
first day of such month, 
‘‘(B) in the case of an individual who first satisfies such 
paragraph in a month beginning before January 2023 and 
who enrolls pursuant to such subsection (d)— 
‘‘(i) in such month in which he first satisfies such 
paragraph, the first day of the month following the month 
in which he so enrolls, 
‘‘(ii) in the month following such month in which he 
first satisfies such paragraph, the first day of the second 
month following the month in which he so enrolls, or 
‘‘(iii) more than one month following such month in 
which he satisfies such paragraph, the first day of the 
third month following the month in which he so enrolls, 
‘‘(C) in the case of an individual who first satisfies such 
paragraph in a month beginning on or after January 1, 2023, 
and who enrolls pursuant to such subsection (d) in such month 
in which he first satisfies such paragraph or in any subsequent 
month of his initial enrollment period, the first day of the 
month following the month in which he so enrolls, or 
‘‘(D) in the case of an individual who enrolls pursuant 
to subsection (e) of section 1837 in a month beginning— 
‘‘(i) before January 1, 2023, the July 1 following the 
month in which he so enrolls; or
H. R. 133—1773 
‘‘(ii) on or after January 1, 2023, the first day of the 
month following the month in which he so enrolls; or’’; 
and 
(B) by amending paragraph (3) to read as follows: 
‘‘(3) in the case of an individual who is deemed to have 
enrolled— 
‘‘(A) on or before the last day of the third month 
of his initial enrollment period, the first day of the month 
in which he first meets the applicable requirements of 
section 1836(a) or July 1, 1973, whichever is later, or 
‘‘(B) on or after the first day of the fourth month 
of his initial enrollment period, and where such month 
begins— 
‘‘(i) before January 1, 2023, as prescribed under 
subparagraphs (B)(i), (B)(ii), (B)(iii), and (D)(i) of para-
graph (2), or 
‘‘(ii) on or after January 1, 2023, as prescribed 
under subparagraphs (C) and (D)(ii) of paragraph (2).’’. 
(2) SPECIAL ENROLLMENT PERIODS FOR EXCEPTIONAL CIR-
CUMSTANCES.— 
(A) ENROLLMENT.—Section 1837 of the Social Security 
Act (42 U.S.C. 1395p) is amended by adding at the end 
the following new subsection: 
‘‘(m) Beginning January 1, 2023, the Secretary may establish 
special enrollment periods in the case of individuals who satisfy 
paragraph (1) or (2) of section 1836(a) and meet such exceptional 
conditions as the Secretary may provide.’’. 
(B) COVERAGE
PERIOD.—Section 1838 of the Social 
Security Act (42 U.S.C. 1395q) is amended by adding at 
the end the following new subsection: 
‘‘(g) Notwithstanding subsection (a), in the case of an individual 
who enrolls during a special enrollment period pursuant to section 
1837(m), the coverage period shall begin on a date the Secretary 
provides in a manner consistent (to the extent practicable) with 
protecting continuity of health benefit coverage.’’. 
(C) CONFORMING
AMENDMENT.—Title XVIII of the 
Social Security Act (42 U.S.C. 1395 et seq.) is amended— 
(i) in section 1818A(c)(3), by striking ‘‘subsections 
(h) and (i) of section 1837’’ and inserting ‘‘subsections 
(h), (i), and (m) of section 1837’’; and 
(ii) in section 1839(b), in the first sentence, by 
striking ‘‘or (l)’’ and inserting ‘‘, (l), or (m)’’. 
(3) TECHNICAL CORRECTION.—Section 1839(b) of the Social 
Security Act (42 U.S.C. 1395r(b)) is amended by adding at 
the end the following new sentence: ‘‘For purposes of deter-
mining any increase under this subsection for individuals whose 
enrollment occurs on or after January 1, 2023, the second 
sentence of this subsection shall be applied by substituting 
‘close of the month’ for ‘close of the enrollment period’ each 
place it appears.’’. 
(4) REPORT.—Not later than January 1, 2023, the Secretary 
of Health and Human Services shall submit to the Committee 
on Ways and Means and Committee on Energy and Commerce 
of the House of Representatives and the Committee on Finance 
and Special Committee on Aging of the Senate a report on 
how to align existing Medicare enrollment periods under title
H. R. 133—1774 
XVIII of the Social Security Act, including the general enroll-
ment period under part B of such title and the annual, coordi-
nated election period under the Medicare Advantage program 
under part C of such title and under the prescription drug 
program under part D of such title. Such report shall include 
recommendations consistent with the goals of maximizing cov-
erage continuity and choice and easing beneficiary transition. 
(b) FUNDING.—Section 1808 of the Social Security Act (42 U.S.C. 
1395b–9) is amended by adding the end the following new sub-
section: 
‘‘(e) FUNDING FOR IMPLEMENTATION OF BENEFICIARY ENROLL-
MENT SIMPLIFICATION.—For purposes of carrying out the provisions 
of and the amendments made by section 120 of division CC of 
the Consolidated Appropriations Act, 2021, the Secretary shall pro-
vide for the transfer, from the Federal Hospital Insurance Trust 
Fund under section 1817 and the Federal Supplementary Medical 
Insurance Trust Fund under section 1841 (in such proportion as 
the Secretary determines appropriate), to the Centers for Medicare 
& Medicaid Services Program Management Account, of $2,000,000 
for each of fiscal years 2021 through 2030, to remain available 
until expended.’’. 
SEC. 121. WAIVING BUDGET NEUTRALITY FOR OXYGEN UNDER THE 
MEDICARE PROGRAM. 
(a) IN GENERAL.—Section 1834(a)(9)(D)(ii) of the Social Security 
Act (42 U.S.C. 1395m(a)(9)(D)(ii)), with application of subsection 
(b), is amended by adding at the end the following new sentence: 
‘‘The requirement of the preceding sentence shall not apply begin-
ning with the second calendar quarter beginning on or after the 
date of the enactment of this sentence.’’. 
(b) TECHNICAL CORRECTION.— 
(1) IN GENERAL.—Section 4552(b) of the Balanced Budget 
Act of 1997 (Public Law 105–33) is amended by striking ‘‘section 
1848(a)(9)’’ and inserting ‘‘section 1834(a)(9)’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect as if included in the enactment of the 
Balanced Budget Act of 1997 (Public Law 105–33). 
(c) IMPLEMENTATION.—Notwithstanding any other provision of 
law, the Secretary of Health and Human Services may implement 
the amendments made by this section by program instruction or 
otherwise. 
SEC. 
122. 
WAIVING 
MEDICARE 
COINSURANCE 
FOR 
CERTAIN 
COLORECTAL CANCER SCREENING TESTS. 
(a) IN GENERAL.—Section 1833(a) of the Social Security Act 
(42 U.S.C. 1395l(a)) is amended— 
(1) in the second sentence, by striking ‘‘section 1834(0)’’ 
and inserting ‘‘section 1834(o)’’; 
(2) by moving such second sentence 2 ems to the left; 
and 
(3) by inserting the following third sentence following such 
second sentence: ‘‘For services furnished on or after January 
1, 2022, paragraph (1)(Y) shall apply with respect to a colorectal 
cancer screening test regardless of the code that is billed for 
the establishment of a diagnosis as a result of the test, or 
for the removal of tissue or other matter or other procedure 
that is furnished in connection with, as a result of, and in 
the same clinical encounter as the screening test.’’.
H. R. 133—1775 
(b) SPECIAL COINSURANCE RULE FOR CERTAIN TESTS.—Section 
1833 of the Social Security Act (42 U.S.C. 1395l) is amended— 
(1) in subsection (a)(1)(Y), by inserting ‘‘subject to sub-
section (dd),’’ before ‘‘with respect to’’; and 
(2) by adding at the end the following new subsection: 
‘‘(dd) SPECIAL COINSURANCE RULE FOR CERTAIN COLORECTAL 
CANCER SCREENING TESTS.— 
‘‘(1) IN
GENERAL.—In the case of a colorectal cancer 
screening test to which paragraph (1)(Y) of subsection (a) would 
not apply but for the third sentence of such subsection that 
is furnished during a year beginning on or after January 1, 
2022, and before January 1, 2030, the amount paid shall be 
equal to the specified percent (as defined in paragraph (2)) 
for such year of the lesser of the actual charge for the service 
or the amount determined under the fee schedule that applies 
to such test under this part (or, in the case such test is a 
covered OPD service (as defined in subsection (t)(1)(B)), the 
amount determined under subsection (t)). 
‘‘(2) SPECIFIED PERCENT DEFINED.—For purposes of para-
graph (1), the term ‘specified percent’ means— 
‘‘(A) for 2022, 80 percent; 
‘‘(B) for 2023 through 2026, 85 percent; and 
‘‘(C) for 2027 through 2029, 90 percent.’’. 
(c) CONFORMING AMENDMENTS.—Paragraphs (2) and (3) of sec-
tion 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) are 
each amended— 
(1) in subparagraph (C)(ii), in the matter preceding sub-
clause (I), by striking ‘‘Notwithstanding’’ and inserting ‘‘Subject 
to section 1833(a)(1)(Y), but notwithstanding’’; and 
(2) in subparagraph (D), by striking ‘‘If during’’ and 
inserting ‘‘Subject to section 1833(a)(1)(Y), if during’’. 
SEC. 123. EXPANDING ACCESS TO MENTAL HEALTH SERVICES FUR-
NISHED THROUGH TELEHEALTH. 
(a) TREATMENT
OF
MENTAL
HEALTH
SERVICES
FURNISHED 
THROUGH TELEHEALTH.—Paragraph (7) of section 1834(m) of the 
Social Security Act (42 U.S.C. 1395m(m)) is amended— 
(1) by striking ‘‘DISORDER SERVICES FURNISHED THROUGH 
TELEHEALTH.—The geographic’’ and inserting ‘‘DISORDER SERV-
ICES AND MENTAL HEALTH SERVICES FURNISHED THROUGH TELE-
HEALTH.— 
‘‘(A) IN GENERAL.—The geographic’’; 
(2) in subparagraph (A), as added by paragraph (1), by 
inserting ‘‘or, on or after the first day after the end of the 
emergency period described in section 1135(g)(1)(B), subject 
to subparagraph (B), to an eligible telehealth individual for 
purposes of diagnosis, evaluation, or treatment of a mental 
health disorder, as determined by the Secretary,’’ after ‘‘as 
determined by the Secretary,’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(B) REQUIREMENTS FOR MENTAL HEALTH SERVICES FUR-
NISHED THROUGH TELEHEALTH.— 
‘‘(i) IN GENERAL.—Payment may not be made under 
this paragraph for telehealth services furnished by a 
physician or practitioner to an eligible telehealth indi-
vidual for purposes of diagnosis, evaluation, or treat-
ment of a mental health disorder unless such physician
H. R. 133—1776 
or practitioner furnishes an item or service in person, 
without the use of telehealth, for which payment is 
made under this title (or would have been made under 
this title if such individual were entitled to, or enrolled 
for, benefits under this title at the time such item 
or service is furnished)— 
‘‘(I) within the 6-month period prior to the 
first time such physician or practitioner furnishes 
such a telehealth service to the eligible telehealth 
individual; and 
‘‘(II) during subsequent periods in which such 
physician or practitioner furnishes such telehealth 
services to the eligible telehealth individual, at 
such times as the Secretary determines appro-
priate. 
‘‘(ii) CLARIFICATION.—This subparagraph shall not 
apply if payment would otherwise be allowed— 
‘‘(I) under this paragraph (with respect to tele-
health services furnished to an eligible telehealth 
individual with a substance use disorder diagnosis 
for purposes of treatment of such disorder or co- 
occurring mental health disorder); or 
‘‘(II) under this subsection without application 
of this paragraph.’’. 
(b) IMPLEMENTATION.—Notwithstanding any other provision of 
law, the Secretary may implement the provisions of, or amendments 
made by, this section by interim final rule, program instruction, 
or otherwise. 
SEC. 124. PUBLIC-PRIVATE PARTNERSHIP FOR HEALTH CARE WASTE, 
FRAUD, AND ABUSE DETECTION. 
(a) IN GENERAL.—Section 1128C(a) of the Social Security Act 
(42 U.S.C. 1320a–7c(a)) is amended by adding at the end the 
following new paragraph: 
‘‘(6) PUBLIC-PRIVATE PARTNERSHIP FOR WASTE, FRAUD, AND 
ABUSE DETECTION.— 
‘‘(A) IN
GENERAL.—Under the program described in 
paragraph (1), there is established a public-private partner-
ship (in this paragraph referred to as the ‘partnership’) 
of health plans, Federal and State agencies, law enforce-
ment agencies, health care anti-fraud organizations, and 
any other entity determined appropriate by the Secretary 
(in this paragraph referred to as ‘partners’) for purposes 
of detecting and preventing health care waste, fraud, and 
abuse. 
‘‘(B) CONTRACT WITH TRUSTED THIRD PARTY.—In car-
rying out the partnership, the Secretary shall enter into 
a contract with a trusted third party for purposes of car-
rying out the duties of the partnership described in 
subparagraph (C). 
‘‘(C) DUTIES OF PARTNERSHIP.—The partnership shall— 
‘‘(i) provide technical and operational support to 
facilitate data sharing between partners in the partner-
ship; 
‘‘(ii) analyze data so shared to identify fraudulent 
and aberrant billing patterns;
H. R. 133—1777 
‘‘(iii) conduct aggregate analyses of health care 
data so shared across Federal, State, and private 
health plans for purposes of detecting fraud, waste, 
and abuse schemes; 
‘‘(iv) 
identify 
outlier 
trends 
and 
potential 
vulnerabilities of partners in the partnership with 
respect to such schemes; 
‘‘(v) refer specific cases of potential unlawful con-
duct to appropriate governmental entities; 
‘‘(vi) convene, not less than annually, meetings 
with partners in the partnership for purposes of pro-
viding updates on the partnership’s work and facili-
tating information sharing between the partners; 
‘‘(vii) enter into data sharing and data use agree-
ments with partners in the partnership in such a 
manner so as to ensure 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 partnership with 
plan-specific, confidential feedback on any aberrant 
billing patterns or potential fraud identified by the 
partnership with respect to such partner; 
‘‘(ix) establish a process by which entities described 
in subparagraph (A) may enter the partnership and 
requirements such entities must meet to enter the 
partnership; 
‘‘(x) provide appropriate training, outreach, 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 TREATMENT ANALYSIS.— 
Not later than 2 years after the date of the enactment 
of the Consolidated Appropriations Act, 2021, the trusted 
third party with a contract in effect under subparagraph 
(B) shall perform an analysis of aberrant or fraudulent 
billing patterns and trends with respect to providers and 
suppliers of substance use disorder treatments from data 
shared with the partnership. 
‘‘(E) EXECUTIVE BOARD.— 
‘‘(i) EXECUTIVE BOARD COMPOSITION.— 
‘‘(I) IN GENERAL.—There shall be an executive 
board of the partnership comprised of representa-
tives of the Federal Government and representa-
tives of the private sector selected by the Secretary. 
‘‘(II) CHAIRS.—The executive board shall be 
co-chaired by one Federal Government official and 
one representative from the private sector. 
‘‘(ii) MEETINGS.—The executive board of the part-
nership shall meet at least once per year. 
‘‘(iii) EXECUTIVE BOARD DUTIES.—The duties of the 
executive board shall include the following: 
‘‘(I) Providing strategic direction for the part-
nership, including membership criteria and a mis-
sion statement.
H. R. 133—1778 
‘‘(II) Communicating with the leadership of 
the Department of Health and Human Services 
and the Department of Justice and the various 
private health sector associations. 
‘‘(F) REPORTS.—Not later than January 1, 2023, and 
every 2 years thereafter, the Secretary shall submit to 
Congress and make available on the public website of the 
Centers for Medicare & Medicaid Services a report con-
taining— 
‘‘(i) a review of activities conducted by the partner-
ship over the 2-year period ending on the date of 
the submission of such report, including any progress 
to any objectives established by the partnership; 
‘‘(ii) any savings voluntarily reported by health 
plans participating in the partnership attributable to 
the partnership during such period; 
‘‘(iii) any savings to the Federal Government 
attributable to the partnership during such period; 
‘‘(iv) any other outcomes attributable to the part-
nership, 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 part-
nership 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 described in paragraph (1). 
‘‘(H) TRANSITIONAL
PROVISIONS.—To the extent con-
sistent with this subsection, all functions, personnel, assets, 
liabilities, and administrative actions applicable on the date 
before the date of the enactment of this paragraph to 
the National Fraud Prevention Partnership established on 
September 17, 2012, by charter of the Secretary shall be 
transferred to the partnership established under subpara-
graph (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 established by subparagraph (A). 
‘‘(J) IMPLEMENTATION.—Notwithstanding any other 
provision of law, the Secretary may implement the partner-
ship established by subparagraph (A) by program instruc-
tion or otherwise. 
‘‘(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 described in subparagraph 
(C); 
‘‘(ii) complies with such conflict of interest stand-
ards determined appropriate by the Secretary; and 
‘‘(iii) meets such other requirements as the Sec-
retary may prescribe.’’. 
(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