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PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Medicare Identity Theft Prevention
Act of 2010''.

SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON
MEDICARE CARDS.

(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)), as amended by section 1414(a)(2) of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended by adding at the end the following new clause:
''(xi) The Secretary of Health and Human Services, in consultation
with the Commissioner of Social Security, shall establish cost-
effective procedures to ensure that a social security account number
(or any derivative thereof) is not displayed, coded, or embedded on the
Medicare card issued to an individual who is entitled to benefits under
part A of title XVIII or enrolled under part B of title XVIII and that
any other identifier displayed on such card is easily identifiable as
not being the social security account number (or a derivative
thereof).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to Medicare cards issued on and after an
effective date specified by the Secretary of Health and Human
Services, but in no case shall such effective date be later
than the date that is 24 months after the date adequate funding
is provided pursuant to subsection (d)(2).
(2) Reissuance.--Subject to subsection (d)(2), in the case
of individuals who have been issued such cards before such
date, the Secretary of Health and Human Services--
(A) shall provide for the reissuance for such
individuals of such a card that complies with such
amendment not later than 3 years after the effective
date specified under paragraph (1); and
(B) may permit such individuals to apply for the
reissuance of such a card that complies with such
amendment before the date of reissuance otherwise
provided under subparagraph (A) in such exceptional
circumstances as the Secretary may specify.
(c) Outreach Program.--Subject to subsection (d)(2), the Secretary
of Health and Human Services, in consultation with the Commissioner of
Social Security, shall conduct an outreach program to Medicare
beneficiaries and providers about the new Medicare card provided under
this section.
(d) Report to Congress and Limitations on Effective Date.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Health and Human
Services, acting through the Administrator of the Centers for
Medicare & Medicaid Services and in consultation with the
Commissioner of Social Security, shall submit to Congress a
report that includes detailed options regarding the
implementation of this section, including line-item estimates
of and justifications for the costs associated with such
options and estimates of timeframes for each stage of
implementation. In recommending such options, the Secretary
shall take into consideration, among other factors, cost-
effectiveness and beneficiary outreach and education.
(2) Limitation; modification of deadlines.--With respect to
the amendment made by subsection (a), and the requirements of
subsections (b) and (c)--
(A) such amendment and requirements shall not apply
until adequate funding is appropriated pursuant to
paragraph (3) to implement the provisions of this
section, as determined by Congress; and
(B) any deadlines otherwise established under this
section for such amendment and requirements are
contingent upon the receipt of adequate funding (as
determined in subparagraph (A)) for such
implementation.
The previous sentence shall not affect the timely submission of
the report required under paragraph (1).
(3) Authorization of appropriations.--
(A) In general.--In addition to any amounts made
available to the Secretary of Health and Human Services
for the Program Management Account of the Centers for
Medicare & Medicaid Services for administrative
expenses and to the Commissioner of Social Security for
administrative expenses, and subject to subparagraph
(B), taking into consideration the report submitted
under paragraph (1), there are authorized to be
appropriated such sums as are necessary to carry out
the previous subsections of this section, including
section 205(c)(2)(C)(xi) of the Social Security Act, as
added by subsection (a), for each of the five fiscal
years beginning after the date of submittal of the
report under paragraph (1).
(B) Limitation.--Such funds are not authorized to
be appropriated until after receipt of the report
provided under paragraph (1).

SOLUTION: Medicare Identity Theft Prevention Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is easily identifiable as not being the Social Security account number (or a derivative).

PROBLEM: SECTION 1. ENERGY ASSISTANCE FUND.

(a) Definitions.--In this section:
(1) Fund.--The term ''Fund'' means the Energy Assistance
Fund established by subsection (b).
(2) Secretary concerned.--The term ''Secretary concerned''
means, with respect to programs carried out by each Secretary--
(A) the Secretary of Agriculture;
(B) the Secretary of Energy;
(C) the Secretary of Housing and Urban Development;
(D) the Secretary of Transportation; and
(E) the Administrator of the Small Business
Administration.
(b) Establishment.--There is established in the Treasury of the
United States a revolving fund, to be known as the ''Energy Assistance
Fund'', consisting of such amounts as are appropriated to the Fund
under subsection (h)(1).
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary concerned, the Secretary of the Treasury shall
transfer from the Fund to the Secretary concerned such amounts
as the Secretary concerned determines are necessary to provide
to carry out 1 or more qualified purposes described in
subsections (d), (e), and (f).
(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available for each
fiscal year to pay the administrative expenses necessary to
carry out this section.
(d) Low-Interest Loan Guarantees for Purchase and Installation of
Qualifying Energy Efficient Property.--
(1) In general.--To the extent that the Secretary concerned
has authority under other law to make or guarantee loans or
grants to persons to purchase and install qualifying property,
the Secretary concerned may guarantee loans made to eligible
United States persons for the purchase and installation of
qualifying property.
(2) Qualifying property.--For the purpose of paragraph (1),
qualifying property means--
(A) any component which constitutes a qualified
energy efficiency improvement (as defined in section
25C(c) of the Internal Revenue Code of 1986);
(B) property to heat water for use in a dwelling
unit located in the United States and used a residence
by the person if at least half of the energy used by
such property for such purpose is derived from the sun;
(C) property which uses solar energy to generate
electricity for use in a dwelling unit located in the
United States and used by the person (in the case of an
individual) as a residence;
(D) qualified fuel cell property (as defined in
section 48(c)(1) of that Code) installed on or in
connection with a dwelling unit located in the United
States and used as a principal residence (within the
meaning of section 121 of that Code) by the person (in
the case of an individual); or
(E) a compliant stove (as defined in section
25E(c)(2) of that Code) which--
(i) is installed in a dwelling unit located
in the United States; and
(ii) replaces a noncompliant stove (as
defined in section 25E(c)(3) of that Code) used
in such dwelling unit.
(3) Eligibility.--To be eligible to receive a loan
guarantee under this subsection, a person that is an individual
shall have a household income of not to exceed 115 percent of
the national median household income, as determined by the
Secretary concerned.
(4) Use of loan.--The recipient of a loan guaranteed under
this subsection may use the loan only to fund improvements to
property owned by, and for the benefit of, the recipient.
(5) Amount.--The amount of a loan made to a person that is
guaranteed under this subsection shall equal the lesser of--
(A) 90 percent of the difference between--
(i) the cost incurred by the person for the
purchase and installation of the qualifying
property, as approved by the Secretary; and
(ii) the amount of any credit allowable to
the person with respect to such property under
section 25C, 25D, or 25E, of the Internal
Revenue Code of 1986; or
(B) $30,000.
(6) Term of loans.--A loan guaranteed under this subsection
shall have a term of not to exceed 15 years.
(e) Low-Interest Loan Guarantees for Purchase and Installation of
Idling Reduction and Advanced Insulation for Heavy Trucks.--
(1) In general.--To the extent that the Secretary concerned
has authority under other law to make or guarantee loans or
grants to persons to purchase and install idling reduction
devices described in section 4053(9) of the Internal Revenue
Code of 1986 or advanced insulation described in section
4053(10) of such Code, the Secretary concerned may guarantee
loans made to United States persons for the purchase and
installation of such idling reduction devices and advanced
insulation.
(2) Use of loan.--The recipient of a loan guaranteed under
this subsection may use the loan only to fund improvements to
property owned by, and for the benefit of, the recipient.
(3) Amount.--
(A) In general.--The amount of a loan made to a
person that is guaranteed under this subsection shall
equal 90 percent of the difference between--
(i) the cost incurred by the person for the
purchase and installation of the idling
reduction devices and advanced insulation
described in subsection (a), as approved by the
Secretary concerned; and
(ii) 12 percent of the amount for which the
idling reduction devices or advanced insulation
was sold.
(B) Special rules.--In the case of any property
described in paragraphs (2), (3), or (4) of section
4051(a) of the Internal Revenue Code of 1986, the
amount determined under subparagraph (A) shall be zero.
(C) Determination of price.--Rules similar to the
rules of section 4052(b) of the Internal Revenue Code
of 1986 shall apply for purposes of subparagraph (B).
(4) Loan terms.--The Secretary concerned shall establish
terms for loans guaranteed under this subsection, as determined
by the Secretary concerned.
(f) Low-Interest Loan Guarantees for Purchase and Installation of
Alternative Refueling Stations.--
(1) In general.--To the extent that the Secretary concerned
has authority under other law to make or guarantee loans or
grants to persons for the purchase and installation of any
qualified alternative fuel vehicle refueling property (as
defined in section 30C(c) of the Internal Revenue Code of
1986), the Secretary concerned may guarantee loans made to
United States persons for the purchase and installation of any
such qualified alternative fuel vehicle refueling property
placed in service by the person during a taxable year.
(2) Use of loan.--The recipient of a loan guaranteed under
this subsection may use the loan only to fund improvements to
property owned by, and for the benefit of, the recipient.
(3) Amount.--The amount of a loan made to a person that is
guaranteed under this subsection shall equal 90 percent of the
difference between--
(A) the cost incurred by the person for the
purchase and installation of the qualified alternative
fuel vehicle refueling property described in paragraph
(1), as approved by the Secretary concerned; and
(B) the amount of any credit allowable to the
person under section 30C of the Internal Revenue Code
of 1986.
(4) Loan terms.--The Secretary concerned shall establish
terms for loans guaranteed under this subsection, as determined
by the Secretary concerned.
(g) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(h) Funding.--
(1) Mandatory funding.--
(A) In general.--Notwithstanding any other
provision of law, on October 1, 2009, out of any funds
in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Fund
for the cost of loans to carry out the purposes of the
Fund $1,000,000,000, to remain available until
expended.
(B) Receipt and acceptance.--The Fund shall be
entitled to receive, shall accept, and shall use to
carry out the purposes of the Fund the funds
transferred under subparagraph (A), without further
appropriation.
(2) Authorization of appropriations.--
(A) In general.--In addition to the amount made
available under paragraph (1), there are authorized to
be appropriated to the Fund such sums as are necessary
to carry out the purposes of the Fund.
(B) Additional funding.--To the extent that a
Secretary described in subsection (a) has authority
under other law to make or guarantee loans or grants
described in subsection (d)(1), (e)(1), or (f)(1), in
addition to any other funds made available to carry out
that authority under any other provision of law, there
are authorized to be appropriated to the Secretary such
sums as are necessary for the Secretary to provide
additional loans, loan guarantees, or grants under that
authority.

SOLUTION: Establishes in the Treasury the Energy Assistance Fund.

Directs the Secretary of the Treasury, upon request of the Secretary concerned, to transfer amounts from the Fund to that Secretary to make or guarantee low-interest loans or grants to U.S. persons to purchase and install: (1) qualifying energy efficient property in their principal dwelling (i.e., solar powered property to heat water or generate electricity, fuel cells, or compliant stoves); (2) idling reduction devices or advanced insulation in heavy trucks; and (3) qualified alternative fuel vehicle refueling property at a station.

PROBLEM: SECTION 1. STRENGTHENING THE MEDICAID THIRD-PARTY LIABILITY
REQUIREMENT.

(a) State and Health Provider Right To Make Inquiries and Third-
Party Responsibilities.--Section 1902 of the Social Security Act (42
U.S.C. 1396a) is amended--
(1) in subsection (a)(25)--
(A) by striking ''and'' at the end of subparagraph
(H);
(B) by adding ''and'' at the end of subparagraph
(I); and
(C) by adding at the end the following new
subparagraph:
''(J) that the State shall provide assurances
satisfactory to the Secretary that the State has in
effect laws requiring the State to make inquiries to
third parties, including health insurers, self-insured
plans, group health plans (as defined in section 607(1)
of the Employee Retirement Income Security Act of
1974), service benefit plans, managed care
organizations, pharmacy benefit managers, or other
parties that are, by statute, contract, or agreement,
legally responsible for payment of a claim for a health
care item or service, operating in any State;''; and
(2) by adding at the end the following new subsection:
''(dd) Responsibilities of Third Parties.--
''(1) In general.--Third parties described in subsection
(a)(25)(J) shall--
''(A) provide, with respect to individuals who are
eligible for, or are provided, medical assistance under
the State plan, upon the request of the State,
information to determine during what period the
individual (or the individual's spouse or dependents)
may be (or may have been) covered by a health insurer
and the nature of the coverage that is or was provided
by the health insurer (including the name, address, and
identifying number of the plan) in a manner prescribed
by the Secretary;
''(B) accept the State's right of recovery and the
assignment to the State of any right of an individual
or other entity to payment from the party for an item
or service for which payment has been made under the
State plan;
''(C) respond to any inquiry by the State regarding
a claim for payment for any health care item or service
that is submitted not later than 3 years after the date
of the provision of such health care item or service;
and
''(D) agree not to deny a claim submitted by the
State solely on the basis of the date of submission of
the claim, the type or format of the claim form, or a
failure to present proper documentation at the point-
of-sale that is the basis of the claim, if--
''(i) the claim is submitted by the State
within the 3-year period beginning on the date
on which the item or service was furnished; and
''(ii) any action by the State to enforce
its rights with respect to such claim is
commenced within 6 years of the State's
submission of such claim.
''(2) Inquiries of third parties.--Entities providing
services and items to individuals receiving medical assistance
under this title (or to individuals the entity reasonably
believes may receive medical assistance under this title) may
make inquiries to third parties described in subsection
(a)(15)(J) that are, by statute, contract, or agreement,
legally responsible for payment of a claim, operating in any
State, for the purpose of determining eligibility and coverage
for those individuals.''.
(b) Referrals to the Secretary; Maintaining the Integrity of the
Medicaid Program.--Section 1909 of such Act (42 U.S.C. 1396h) is
amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
''(5) The law contains a requirement for making a referral
to the Secretary for the purposes of subsection (e).''; and
(2) by adding at the end the following new subsection:
''(e) Federal Civil Penalties and Payments to States.--
''(1) Federal civil penalties.--
''(A) In general.--Upon referral from a State, if
the Secretary finds that a third party, including any
third party described in section 1902(a)(25)(J), that
is, by statute, contract, or agreement, legally
responsible for payment of a claim for a health care
item or service, failed to reply to inquiries about an
individual sent pursuant to such section, the Secretary
shall impose a civil penalty upon that third party of
not less than $5,000 and not more than $10,000, plus 3
times the amount of the claim for that individual
without regard to any other legal responsibility of the
third party for payment of a claim for a health care
item or service for that individual.
''(B) Failure defined.--For purposes of
subparagraph (A), the term 'failed' means the failure
of a third party described to provide the information
required by section 1902(a)(25)(J) about an individual
within 10 days of the date the inquiry is first made to
the party.
''(2) Payments to states.--The Secretary shall pay a State
an amount equal to the Federal medical assistance percentage of
any amount obligated to the United States under paragraph
(1).''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2009.

SOLUTION:
Amends title XIX (Medicaid) of the Social Security Act to direct state Medicaid plans to require the state to provide the Secretary of Health and Human Services with satisfactory assurances that it has in effect laws requiring the state to make inquiries to third parties, including health insurers, self-insured plans, group health plans, or other parties operating in any state that are responsible for payment of a claim for a health care item or service.

Requires third parties to: (1) provide, upon state request, information about Medicaid-eligible or -receiving individuals to determine during what period the individual (or the spouse or dependents) may be (or may have been) covered by a health insurer, as well as the nature of such coverage; (2) accept the state's right of recovery and the assignment to the state of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the state plan; and (3) agree not to deny a claim submitted by the state solely on the basis of its date of submission, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim, if the claim is submitted by the state within three years after the item or service was furnished, and any action by the state to enforce its rights is commenced within six years of its submission of the claim.

Establishes a civil monetary penalty for a third party's failure to reply to inquiries required by this Act.