S.Amdt. 3103

SA 3103. Mr. CARPER submitted an amendment intended to be proposed to
amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:

On page 1783, between lines 2 and 3, insert the following:

SEC. 6412. MANDATORY REPORTING OF FRAUD BY MEDICARE ADVANTAGE
PLANS, PRESCRIPTION DRUG PLANS, AND PROVIDERS
OF SERVICES AND SUPPLIERS.

(a) Mandatory Reporting by Medicare Advantage Plans and
Prescription Drug Plans.--Section 1857(d) of the Social
Security Act (42 U.S.C. 1395w-27(d)) is amended by adding at
the end the following new paragraph:
``(7) Reporting of probable fraud.--
``(A) In general.--Each Medicare Advantage organization
and, in accordance with section 1860D-12(b)(3)(C), each PDP
sponsor of a prescription drug plan shall, in accordance with
regulations established by the Secretary under subparagraph
(B)--
``(i) self-report to the Secretary and to the appropriate
law enforcement or oversight agency any matter for which the
organization or sponsor has liability and for which the
organization or sponsor has identified, from any source,
credible evidence of fraud related to the program under this
part or part D; and
``(ii) report to the Secretary and to the appropriate law
enforcement or oversight agency any matter for which the
organization or sponsor has identified, from any source,
credible evidence of fraud by subcontractors or others
related to the program under this part or part D.
``(B) Regulations.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall establish
regulations to carry out this paragraph.''.
(b) Mandatory Reporting by Providers of Services and
Suppliers.--Section 1866(j)(7)(B) of the Social Security Act,
as inserted by section 6401, is amended by adding at the end
the following sentence: ``Such core elements shall include,
to the extent determined appropriate by the Secretary,
internal monitoring and auditing of, and responding to,
identified deficiencies. Such response shall include
reporting to the Secretary and to the appropriate law
enforcement or oversight agency credible evidence of fraud
related to the program under this title, title XIX, or title
XXI.''.
(c) Prompt and Appropriate Action by the Secretary.--The
Secretary shall take prompt and appropriate action to forward
information on fraud reported under sections 1857(d)(7) and
1866(j)(7)(B) of the Social Security Act, as added by
subsection (a) and amended by subsection (b), respectively,
to the appropriate agencies.
(d) Annual Report to Congress.--The Secretary of Health and
Human Services (in this section referred to as the
``Secretary'') shall submit to Congress an annual report on
actions taken by the Secretary to address fraud during the
preceding year. The report shall include an analysis of
trends and conditions giving rise to fraud and general
actions taken to address such trends and conditions, together
with recommendations for such legislation and administrative
action as the Secretary determines appropriate.
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