SEC. 431. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE
EFFORTS THAT BENEFIT MEDICALLY UNDERSERVED POPULATIONS.
(a) IN GENERAL- Section 1128B(b)(3) (42 U.S.C.
1320a-7(b)(3)), as amended by section 101(e)(2), is amended--
(1) in subparagraph (F), by striking
`and' after the semicolon at the end;
(2) in subparagraph (G), by striking
the period at the end and inserting `; and'; and
(3) by adding at the end the following
new subparagraph:
`(H) any remuneration between a health center entity described under
clause (i) or (ii) of section 1905(l)(2)(B) and any individual or entity
providing goods, items, services, donations, loans, or a combination
thereof, to such health center entity pursuant to a contract, lease,
grant, loan, or other agreement, if such agreement contributes to the
ability of the health center entity to maintain or increase the
availability, or enhance the quality, of services provided to a medically
underserved population served by the health center entity.'.
(b) RULEMAKING FOR EXCEPTION FOR HEALTH CENTER
ENTITY ARRANGEMENTS-
(1) ESTABLISHMENT-
(A) IN GENERAL- The Secretary
shall establish, on an expedited basis, standards relating to the exception
described in section 1128B(b)(3)(H) of the Social Security Act, as added
by subsection (a), for health center entity arrangements to the antikickback
penalties.
(B) FACTORS TO CONSIDER- The
Secretary shall consider the following factors, among others, in establishing
standards relating to the exception for health center entity arrangements
under subparagraph (A):
(i) Whether the arrangement
between the health center entity and the other party results in savings
of Federal grant funds or increased revenues to the health center entity.
(ii) Whether the
arrangement between the health center entity and the other party restricts
or limits an individual's freedom of choice.
(iii) Whether the
arrangement between the health center entity and the other party protects
a health care professional's independent medical judgment regarding medically
appropriate treatment.
The Secretary may also include other standards and criteria that are
consistent with the intent of Congress in enacting the exception
established under this section.
(2) DEADLINE- Not later than 1 year
after the date of the enactment of this Act the Secretary shall publish final
regulations establishing the standards described in paragraph (1).
