Sec. 6409. MEDICARE SELF-REFERRAL DISCLOSURE PROTOCOL
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## SEC. 6409 MEDICARE SELF-REFERRAL DISCLOSURE PROTOCOL **[**[42 U.S.C. 1395nn note](/us/usc/t42/s1395nn)**]** ###
(a)Development of Self-Referral Disclosure Protocol ####
(1)In general The Secretary of Health and Human Services, in cooperation with the Inspector General of the Department of Health and Human Services, shall establish, not later than 6 months after the date of the enactment of this Act, a protocol to enable health care providers of services and suppliers to disclose an actual or potential violation of section 1877 of the Social Security Act (42 U.S.C. 1395nn) pursuant to a self-referral disclosure protocol (in this section referred to as an “SRDP”). The SRDP shall include direction to health care providers of services and suppliers on— #####
(A)a specific person, official, or office to whom such disclosures shall be made; and #####
(B)instruction on the implication of the SRDP on corporate integrity agreements and corporate compliance agreements. ####
(2)Publication on Internet website of SRDP information The Secretary of Health and Human Services shall post information on the public Internet website of the Centers for Medicare & Medicaid Services to inform relevant stakeholders of how to disclose actual or potential violations pursuant to an SRDP. ####
(3)Relation to advisory opinions The SRDP shall be separate from the advisory opinion process set forth in regulations implementing section 1877(g) of the Social Security Act. ###
(b)Reduction in Amounts Owed The Secretary of Health and Human Services is authorized to reduce the amount due and owing for all violations under section 1877 of the Social Security Act to an amount less than that specified in subsection
(g)of such section. In establishing such amount for a violation, the Secretary may consider the following factors: ####
(1)The nature and extent of the improper or illegal practice. ####
(2)The timeliness of such self-disclosure. ####
(3)The cooperation in providing additional information related to the disclosure. ####
(4)Such other factors as the Secretary considers appropriate. ###
(c)Report Not later than 18 months after the date on which the SRDP protocol is established under subsection (a)(1), the Secretary shall submit to Congress a report on the implementation of this section. Such report shall include— ####
(1)the number of health care providers of services and suppliers making disclosures pursuant to the SRDP; ####
(2)the amounts collected pursuant to the SRDP; ####
(3)the types of violations reported under the SRDP; and ####
(4)such other information as may be necessary to evaluate the impact of this section.
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Sec. 6409
MEDICARE SELF-REFERRAL DISCLOSURE PROTOCOL
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