Title 42The Public Health and WelfareRelease 119-73

§1320a–3a Disclosure requirements for other providers under part B of Medicare

Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER XI— - GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part Part A— - General Provisions › § 1320a–3a

Last updated Apr 6, 2026|Official source

Summary

Before Medicare Part B will pay for items or services, the provider must give the Secretary complete information. The provider must name anyone who owns or controls the provider or any subcontractor in which the provider has a 5 percent or greater ownership. For each named owner and for any managing employee, the provider must list other Medicare Part B providers those people have had an ownership interest in now or at any time during the 3-year period before giving the information, and must say whether those people have had penalties, assessments, or exclusions under sections 1320a–7, 1320a–7a, or 1320a–7b. The provider must also give its employer identification number and social security account number and those numbers for the people and entities it lists. The provider must report any updates within 180 days after a change. The Secretary will send social security numbers to the Social Security Commissioner and employer ID numbers to the Treasury Secretary so those officials can check and correct the data and report back. The Secretary will pay those officials for this work at a negotiated rate. Definitions: disclosing part B provider — an entity paid for Part B items or services (with one exception listed in section 1320a–3(a)(2)); managing employee — the person described in section 1320a–5(b); person with an ownership or control interest — the people listed in section 1320a–3(a)(3) or any of the 5 largest owners.

Full Legal Text

Title 42, §1320a–3a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)No payment may be made under part B of subchapter XVIII for items or services furnished by any disclosing part B provider unless such provider has provided the Secretary with full and complete information—
(1)on the identity of each person with an ownership or control interest in the provider or in any subcontractor (as defined by the Secretary in regulations) in which the provider directly or indirectly has a 5 percent or more ownership interest;
(2)with respect to any person identified under paragraph (1) or any managing employee of the provider—
(A)on the identity of any other entities providing items or services for which payment may be made under subchapter XVIII with respect to which such person or managing employee is a person with an ownership or control interest at the time such information is supplied or at any time during the 3-year period ending on the date such information is supplied, and
(B)as to whether any penalties, assessments, or exclusions have been assessed against such person or managing employee under section 1320a–7, 1320a–7a, or 1320a–7b of this title; and
(3)including the employer identification number (assigned pursuant to section 6109 of the Internal Revenue Code of 1986) and social security account number (assigned under section 405(c)(2)(B) of this title) of the disclosing part B provider and any person, managing employee, or other entity identified or described under paragraph (1) or (2).
(b)A disclosing part B provider shall notify the Secretary of any changes or updates to the information supplied under subsection (a) not later than 180 days after such changes or updates take effect.
(c)(1)The Secretary shall transmit—
(A)to the Commissioner of Social Security information concerning each social security account number (assigned under section 405(c)(2)(B) of this title), and
(B)to the Secretary of the Treasury information concerning each employer identification number (assigned pursuant to section 6109 of the Internal Revenue Code of 1986),
(2)The Commissioner of Social Security and the Secretary of the Treasury shall verify the accuracy of, or correct, the information supplied by the Secretary to such official pursuant to paragraph (1), and shall report such verifications or corrections to the Secretary.
(3)The Secretary shall reimburse the Commissioner and Secretary of the Treasury, at a rate negotiated between the Secretary and such official, for the costs incurred by such official in performing the verification and correction services described in this subsection.
(d)For purposes of this section—
(1)the term “disclosing part B provider” means any entity receiving payment on an assignment-related basis (or, for purposes of subsection (a)(3), any entity receiving payment) for furnishing items or services for which payment may be made under part B of subchapter XVIII, except that such term does not include an entity described in section 1320a–3(a)(2) of this title;
(2)the term “managing employee” means, with respect to a provider, a person described in section 1320a–5(b) of this title; and
(3)the term “person with an ownership or control interest” means, with respect to a provider—
(A)a person described in section 1320a–3(a)(3) of this title, or
(B)a person who has one of the 5 largest direct or indirect ownership or control interests in the provider.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Internal Revenue Code of 1986, referred to in subsecs. (a)(3) and (c)(1)(B), is classified generally to Title 26, Internal Revenue Code. section 1320a–3 of this title, referred to in subsec. (c)(1), does not contain a subsec. (c).

Amendments

1997—Subsec. (a)(3). Pub. L. 105–33, § 4313(b)(1), added par. (3). Subsec. (c). Pub. L. 105–33, § 4313(c)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (c)(1). Pub. L. 105–33, § 4313(b)(2), inserted “(or, for purposes of subsection (a)(3), any entity receiving payment)” after “on an assignment-related basis”. Subsec. (d). Pub. L. 105–33, § 4313(c)(1), redesignated subsec. (c) as (d). 1994—Subsec. (a)(2)(A). Pub. L. 103–432 made technical amendment to reference to subchapter XVIII of this chapter to correct reference to corresponding provision of original act.

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 AmendmentAmendment by section 4313(b) of Pub. L. 105–33 applicable to payment for items and services furnished more than 90 days after date of submission of report under section 4313(d) of Pub. L. 105–33, set out as a note under section 1320a–3 of this title, see section 4313(e) of Pub. L. 105–33, set out as a note under section 1320a–3 of this title.

Effective Date

of 1994 Amendment Pub. L. 103–432, title I, § 147(g), Oct. 31, 1994, 108 Stat. 4432, provided that: “Except as otherwise provided in this section [amending this section and section 1320b–5, 1395l, 1395p, 1395q, 1395x, 1395y, and 1395cc of this title, enacting provisions set out as notes under section 1395l, 1395p, and 1395y of this title, amending provisions set out as notes under this section and section 254b, 1395l, and 1395u of this title, and repealing provisions set out as a note under section 1395l of this title], the

Amendments

made by this section shall take effect as if included in the enactment of OBRA–1990 [Pub L. 101–508].”

Effective Date

Pub. L. 101–508, title IV, § 4164(b)(4), Nov. 5, 1990, 104 Stat. 1388–102, as amended by Pub. L. 103–432, title I, § 147(f)(7)(A)(ii), Oct. 31, 1994, 108 Stat. 4432, provided that: “The

Amendments

made by paragraphs (1), (2), and (3) [enacting this section and amending section 1320a–7 and 1320a–7b of this title] shall apply with respect to items or services furnished on or after— “(A)
January 1, 1993, in the case of items or services furnished by a provider who, on or before the date of the enactment of this Act [Nov. 5, 1990], has furnished items or services for which payment may be made under part B of title XVIII of the Social Security Act [42 U.S.C. 1395j et seq.]; or “(B)
January 1, 1992, in the case of items or services furnished by any other provider.” Report on Confidentiality of Social Security Account NumbersBefore amendment by Pub. L. 105–33 may become effective, Secretary of Health and Human Services is required to submit to Congress a report on steps Secretary has taken to assure the confidentiality of social security account numbers that will be provided to Secretary, see section 4313(d) of Pub. L. 105–33, set out as a note under section 1320a–3 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1320a–3a

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73