Sec. 1313. FINANCIAL INTEGRITY
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## SEC. 1313 FINANCIAL INTEGRITY **[**[42 U.S.C. 18033](/us/usc/t42/s18033)**]** ###
(a)Accounting for Expenditures ####
(1)In general An Exchange shall keep an accurate accounting of all activities, receipts, and expenditures and shall annually submit to the Secretary a report concerning such accountings. ####
(2)Investigations The Secretary, in coordination with the Inspector General of the Department of Health and Human Services, may investigate the affairs of an Exchange, may examine the properties and records of an Exchange, and may require periodic reports in relation to activities undertaken by an Exchange. An Exchange shall fully cooperate in any investigation conducted under this paragraph. ####
(3)Audits An Exchange shall be subject to annual audits by the Secretary. ####
(4)Pattern of abuse If the Secretary determines that an Exchange or a State has engaged in serious misconduct with respect to compliance with the requirements of, or carrying out of activities required under, this title, the Secretary may rescind from payments otherwise due to such State involved under this or any other Act administered by the Secretary an amount not to exceed 1 percent of such payments per year until corrective actions are taken by the State that are determined to be adequate by the Secretary. ####
(5)Protections against fraud and abuse With respect to activities carried out under this title, the Secretary shall provide for the efficient and non-discriminatory administration of Exchange activities and implement any measure or procedure that— #####
(A)the Secretary determines is appropriate to reduce fraud and abuse in the administration of this title; and #####
(B)the Secretary has authority to implement under this title or any other Act. ####
(6)Application of the False Claims Act #####
(A)In general Payments made by, through, or in connection with an Exchange are subject to the False Claims Act (31 U.S.C. 3729 et seq.) if those payments include any Federal funds. Compliance with the requirements of this Act concerning eligibility for a health insurance issuer to participate in the Exchange shall be a material condition of an issuer's entitlement to receive payments, including payments of premium tax credits and cost-sharing reductions, through the Exchange. #####
(B)Damages Notwithstanding paragraph
(1)of section 3729(a) of title 31, United States Code, and subject to paragraph
(2)of such section, the civil penalty assessed under the False Claims Act on any person found liable under such Act as described in subparagraph
(A)shall be increased by not less than 3 times and not more than 6 times the amount of damages which the Government sustains because of the act of that person. ####
(2)Section 3730(e) of title 31, United States Code, is amended by striking paragraph
(4)and inserting the following: > > #### “(4) > > > #####
(A)> > The court shall dismiss an action or claim under this section, unless opposed by the Government, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed— > > > ###### “(i) > > in a Federal criminal, civil, or administrative hearing in which the Government or its agent is a party; > > > ###### “(ii) > > in a congressional, Government Accountability Office, or other Federal report, hearing, audit, or investigation; or > > > ###### “(iii) > > from the news media, > > unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. > > > ##### “(B) > > For purposes of this paragraph, 'original source' means an individual who either
(i)prior to a public disclosure under subsection (e)(4)(a), has voluntarily disclosed to the Government the information on which allegations or transactions in a claim are based, or
(2)who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the Government before filing an action under this section.” > . ###
(b)GAO Oversight Not later than 5 years after the first date on which Exchanges are required to be operational under this title, the Comptroller General shall conduct an ongoing study of Exchange activities and the enrollees in qualified health plans offered through Exchanges. Such study shall review— ####
(1)the operations and administration of Exchanges, including surveys and reports of qualified health plans offered through Exchanges and on the experience of such plans (including data on enrollees in Exchanges and individuals purchasing health insurance coverage outside of Exchanges), the expenses of Exchanges, claims statistics relating to qualified health plans, complaints data relating to such plans, and the manner in which Exchanges meet their goals; ####
(2)any significant observations regarding the utilization and adoption of Exchanges; ####
(3)where appropriate, recommendations for improvements in the operations or policies of Exchanges; ####
(4)a survey of the cost and affordability of health care insurance provided under the Exchanges for owners and employees of small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), including data on enrollees in Exchanges and individuals purchasing health insurance coverage outside of Exchanges; and ####
(5)how many physicians, by area and specialty, are not taking or accepting new patients enrolled in Federal Government health care programs, and the adequacy of provider networks of Federal Government health care programs. ### PART 3 STATE FLEXIBILITY RELATING TO EXCHANGES
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