S.Amdt. 3208

SA 3208. Mr. GRASSLEY 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. EXTENSION OF NUMBER OF DAYS IN WHICH MEDICARE
CLAIMS ARE REQUIRED TO BE PAID IN ORDER TO
PREVENT OR COMBAT FRAUD, WASTE, OR ABUSE.

(a) Part A Claims.--Section 1816(c)(2) of the Social
Security Act (42 U.S.C. 1395h(c)(2)) is amended--
(1) in subparagraph (B)(ii)(V), by striking ``with
respect'' and inserting ``subject to subparagraph (D), with
respect''; and
(2) by adding at the end the following new subparagraph:
``(D)(i) Upon a determination by the Secretary that there
is a likelihood of fraud, waste, or abuse involving a
particular category of providers of services or suppliers,
categories of providers of services or suppliers in a certain
geographic area, or individual providers of services or
suppliers, the Secretary shall extend the number of calendar
days described in subparagraph (B)(ii)(V) to--
``(I) up to 365 calendar days with respect to claims
submitted by--

``(aa) categories of providers of services or suppliers; or
``(bb) categories of providers of services or suppliers in
a certain geographic area; or

``(II) such time that the Secretary determines is necessary
to ensure that the claims with respect to individual
providers of services or suppliers are clean claims.
``(ii) During the extended period of time under subclauses
(I) and (II) of clause (ii), the Secretary shall engage in
heightened scrutiny of claims, such as prepayment review and
other methods the Secretary determines to be appropriate.
``(iii) Not later than 90 days after the date of enactment
of this subparagraph and not less than annually thereafter,
the Inspector General of the Department of Health and Human
Services shall submit to the Secretary a report containing
recommendations with respect to the application of this
subparagraph and section 1842(c)(2)(D). Not later than 60
days after receiving such a report, the Secretary shall
submit to the Inspector General a written response to the
recommendations contained in the report.
``(iv) There shall be no administrative or judicial review
under section 1869, section 1878, or otherwise of the
implementation of this subparagraph by the Secretary.''.
(b) Part B Claims.--Section 1842(c)(2) of the Social
Security Act (42 U.S.C. 1395u(c)(2)) is amended--
(1) in subparagraph (B)(ii)(V), by striking ``with
respect'' and inserting ``subject to subparagraph (D), with
respect''; and
(2) by adding at the end the following new subparagraph:
``(D)(i) Upon a determination by the Secretary that there
is a likelihood of fraud, waste, or abuse involving a
particular category of providers of services or suppliers,
categories of providers of services or suppliers in a certain
geographic area, or individual providers of services or
suppliers, the Secretary shall extend the number of calendar
days described in subparagraph (B)(ii)(V) to--
``(I) up to 365 calendar days with respect to claims
submitted by--

``(aa) categories of providers of services or suppliers; or
``(bb) categories of providers of services or suppliers in
a certain geographic area; or

``(II) such time that the Secretary determines is necessary
to ensure that the claims with respect to individual
providers of services or suppliers are clean claims.
``(ii) During the extended period of time under subclauses
(I) and (II) of clause (ii), the Secretary shall engage in
heightened scrutiny of claims, such as prepayment review and
other methods the Secretary determines to be appropriate.
``(iii) There shall be no administrative or judicial review
under section 1869, section 1878, or otherwise of the
implementation of this subparagraph by the Secretary.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the day that is 6 months after the date of the
enactment of this Act.
(2) Expediting implementation.--The Secretary shall
promulgate regulations to carry out the amendments made by
this section which may be effective and final immediately on
an interim basis as of the date of publication of the interim
final regulation. If the Secretary provides for an interim
final regulation, the Secretary shall provide for a period of
public comment on such regulation after the date of
publication. The Secretary may change or revise such
regulation after completion of the period of public comment.
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