S. 2774Senate111th Congress (2009-2011)In Committee

Fighting Medicare Payment Fraud Act of 2009

Introduced November 16, 2009

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

November 16, 2009

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SenateIntro Referral

Introduced in Senate

November 16, 2009

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S11385-11386)

November 16, 2009

SenateIntro Referral

Read twice and referred to the Committee on Finance.

November 16, 2009

Floor Debate

10 members

What members said about S. 2774 on the floor

5 Republicans5 Democrats
Lamar Alexander
Sen. Lamar AlexanderR-TN · Nov 16, 2009

Mr. President, Senator Webb of Virginia, the colleague of the Presiding Officer, and I are introducing legislation today to propose that the United States build its clean energy future upon the…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Dec 15, 2010

Mr. President, I wish today to bid farewell and express my special thanks to Kevin Landy for his 13 years of extraordinary service on the Homeland Security and Governmental Affairs Committee. Kevin,…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Nov 16, 2009

Mr. President, in 2008, Medicare accounted for about $470 billion of the $2 trillion spent on health care in the U.S.. Conservative estimates are that as much as $60 billion of that Medicare spending…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Nov 16, 2009

Mr. President, in 2008, Medicare accounted for about $470 billion of the $2 trillion spent on health care in the U.S.. Conservative estimates are that as much as $60 billion of that Medicare spending…

Jim Webb
Sen. Jim WebbD-VA · Nov 16, 2009

Mr. President, I am pleased to be cosponsoring this legislation with the senior Senator from Tennessee. This is a strong attempt by both of us to go toward the area of problem solving rather than…

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Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Nov 16, 2009

Mr. President, the current recession has caused unemployment to balloon to 10.2 percent and with small businesses creating over \2/3\ of all net new jobs, the road to recovery leads through our…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Nov 16, 2009

Mr. President, today I am introducing legislation that requires the Secretary of Energy to carry out a program of research, development, demonstration and commercial application to advance offshore…

Max Baucus
Sen. Max BaucusD-MT · Nov 16, 2009

Today, I am pleased to introduce the Small Business Penalty Relief Act of 2009 with my good friend and Ranking Member of the Finance Committee, Chuck Grassley. The bill provides much needed penalty…

James M. Inhofe
Sen. James M. InhofeR-OK · Nov 16, 2009

Mr. President, today I am joining some of my colleagues from the Environment and Public Works Committee in introducing a bill to reauthorize the Economic Development Administration, EDA. EDA works…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Nov 16, 2009

Mr. President, I am proud today to join Senators Cornyn and Leahy in introducing the Criminal Justice Reinvestment Act of 2009, a bill designed to help States and localities approach spending on…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Nov 16, 2009

Mr. President, I am pleased to join Senators Whitehouse and Cornyn in introducing the Criminal Justice Reinvestment Act of 2009. This important bipartisan legislation would help jurisdictions control…

Bill Text

Latest available legislative text

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Introduced in SenateIssued November 16, 2009

II

111th CONGRESS

1st Session

S. 2774

IN THE SENATE OF THE UNITED STATES

November 16, 2009

Mr. Grassley introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title XVIII of the Social Security Act to prevent Medicare payments being lost to fraud, waste, or abuse.

1.

Short title

This Act may be cited as the Fighting Medicare Payment Fraud Act of 2009.

2.

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.