S.Amdt. 3272

SA 3272. Mr. LeMIEUX 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 1798, between lines 21 and 22, insert the
following:

SEC. 6608. OTHER MISCELLANEOUS PROVISIONS.

(a) Increased Civil Money Penalties and Criminal Fines and
Sentences for Medicare Fraud and Abuse.--
(1) Increased civil penalties and criminal fines.--
(A) Increased civil money penalties.--Section 1128A of the
Social Security Act (42 U.S.C. 1320a-7a) is amended--
(i) in subsection (a), in the flush matter following
paragraph (7)--

(I) by striking ``$10,000' '' each place it appears and
inserting ``$20,000'';
(II) by striking ``$15,000'' and inserting ``$30,000''; and
(III) by striking ``$50,000'' and inserting ``$100,000'';
and

(ii) in subsection (b)--

(I) in paragraph (1), in the flush matter following
subparagraph (B), by striking ``$2,000'' and inserting
``$4,000'';
(II) in paragraph (2), by striking ``$2,000'' and inserting
``$4,000''; and
(III) in paragraph (3)(A)(i), by striking ``$5,000'' and
inserting ``$10,000''.

(B) Increased criminal fines.--Section 1128B of the Social
Security Act (42 U.S.C. 1320a-7b) is amended--
(i) in subsection (a), in the flush matter following
paragraph (6)--

(I) by striking ``$25,000'' and inserting ``$100,000''; and
(II) by striking ``$10,000'' and inserting ``$20,000'';

(ii) in subsection (b)--

(I) in paragraph (1), in the flush matter following
subparagraph (B), by striking ``$25,000'' and inserting
``$100,000''; and
(II) in paragraph (2), in the flush matter following
subparagraph (B), by striking ``$25,000'' and inserting
``$100,000'';

(iii) in subsection (c), by striking ``$25,000'' and
inserting ``$100,000'';
(iv) in subsection (d), in the second flush matter
following subparagraph (B), by striking ``$25,000'' and
inserting ``$100,000''; and
(v) in subsection (e), by striking ``$2,000'' and inserting
``$4,000''.
(C) Effective date.--The amendments made by this subsection
shall apply to civil money penalties and fines imposed for
actions taken on or after the date of enactment of this Act.
(2) Increased sentences for felonies involving medicare
fraud and abuse.--
(A) False statements and representations.--Section 1128B(a)
of the Social Security Act (42 U.S.C. 1320a-7b(a)) is
amended, in clause (i) of the flush matter following
paragraph (6), by striking ``not more than 5 years'' and
inserting ``not more than 10 years''.
(B) Anti-kickback.--Section 1128B(b) of the Social Security
Act (42 U.S.C. 1320a-7b(b)) is amended--
(i) in paragraph (1), in the flush matter following
subparagraph (B), by striking ``not more than 5 years'' and
inserting ``not more than 10 years''; and
(ii) in paragraph (2), in the flush matter following
subparagraph (B), by striking ``not more than 5 years'' and
inserting ``not more than 10 years''.
(C) False statement or representation with respect to
conditions or operations of facilities.--Section 1128B(c) of
the Social Security Act (42 U.S.C. 1320a-7b(c)) is amended by
striking ``not more than 5 years'' and inserting ``not more
than 10 years''.
(D) Excess charges.--Section 1128B(d) of the Social
Security Act (42 U.S.C. 1320a-7b(d)) is amended, in the
second flush matter following subparagraph (B), by striking
``not more than 5 years'' and inserting ``not more than 10
years''.
(E) Minimum sentence.--Section 1128B of the Social Security
Act (42 U.S.C. 1320a-7b) is amended by adding at the end
thereof the following:

[[Page S13466]]

``(g) Notwithstanding any other provision of this section,
the minimum period of imprisonment for a conviction under
this section relating to Medicare fraud and abuse (if such
imprisonment is otherwise provided for under this section)
shall be 1 year and 1 day.''.
(F) Effective date.--The amendments made by this subsection
shall apply to criminal penalties imposed for actions taken
on or after the date of enactment of this Act.
(b) Consumer Right-to-Know.--At the end of title I, insert
the following:

``SEC. 1563. CONSUMER RIGHT TO KNOW.

``(a) Development of Information System.--Not later than 1
year after the date of enactment of this Act, the Secretary
of Health and Human Services shall develop a system for the
collection of quality and pricing information related to the
provision of health care services. Through the use of such
information, the Secretary shall, to the extent practicable--
``(1) determine the lowest, median, average, and highest
charged amount and reimbursed amount for each outpatient and
inpatient health care procedure conducted at each facility in
the United States;
``(2) provide comparisons of such prices with respect to
procedures in similar facilities in the same county, city,
State and on a national basis; and
``(3) develop quality of care data, including data on
consumer satisfaction, coordination and continuity of care,
infrastructure, the results of accreditation, Medicare-
related information, and other survey information, and
combine such data with price information to enable consumers
to make informed choices.
``(b) Use of Existing Sources.--To the extent that the
information required under subsection (a) is being collected
by the Centers for Medicare & Medicaid Services, States,
State medical societies, or private sector entities, the
Secretary, to the extent practicable, utilize such
information to carry out such subsection.
``(c) Availability of Information.--The Secretary, either
directly or through contract, shall make the information and
data collected and developed under this section available on
an Internet website. Such information and data shall be
displayed by payer (such as Medicare, Medicaid, health
insurance plans, employer-based health plans, and other types
of health care coverage).''.
(c) Productivity Award Program.--After section 3027, insert
the following:

``SEC. 3028. PRODUCTIVITY AWARD PROGRAM.

``Not later than 1 year after the date of enactment of this
Act, the Secretary of Health and Human Services shall
establish a Productivity Award Program to recognize
employees, work units, and contractors of the Centers for
Medicare & Medicaid whose work significantly and measurably
increases productivity and promotes innovation to improve the
delivery of services and achieving savings for taxpayers. The
amount of any such award shall be equal to 10 percent of the
amount of the estimated saving to the Federal Government as a
result of the action resulting in the award (as determined by
the Secretary), but not to exceed $50,000.''.
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