Current as of: January 2009 (a) Recordkeeping; audit and examination
(1) Each recipient of a loan or loan guarantee under this
subchapter shall keep such records as the Secretary shall
prescribe, including records which fully disclose the amount and
disposition by such recipient of the proceeds of the loan (directly
made or guaranteed), the total cost of the undertaking in
connection with which the loan was given or used, the amount of
that portion of the cost of the undertaking supplied by other
sources, and such other records as will facilitate an effective
audit.
(2) The Secretary, or any of his duly authorized representatives,
shall have access for the purpose of audit and examination to any
books, documents, papers, and records of the recipients of a loan
or loan guarantee under this subchapter which relate to such
assistance.
(b) Report upon expiration of period
Upon expiration of the period for which a loan or loan guarantee
was provided an entity under this subchapter, such entity shall
make a full and complete report to the Secretary in such manner as
he may by regulation prescribe. Each such report shall contain,
among such other matters as the Secretary may by regulation
require, descriptions of plans, developments, and operations
relating to the matters referred to in section 300e-5(b)(3) of this
title.
(c) Repealed. Pub. L. 99-660, title VIII, Sec. 803(a), Nov. 14,
1986, 100 Stat. 3799
(d) Other entities considered health maintenance organizations
An entity which provides health services to a defined population
on a prepaid basis and which has members who are entitled to
insurance benefits under title XVIII of the Social Security Act [42
U.S.C. 1395 et seq.] or to medical assistance under a State plan
approved under title XIX of such Act [42 U.S.C. 1396 et seq.] may
be considered as a health maintenance organization for purposes of
receiving assistance under this subchapter if -
(1) with respect to its members who are entitled to such
insurance benefits or to such medical assistance it (A) provides
health services in accordance with section 300e(b) of this title,
except that (i) it does not furnish to those members the health
services (within the basic health services) for which it may not
be compensated under such title XVIII [42 U.S.C. 1395 et seq.] or
such State plan, and (ii) it does not fix the basic or
supplemental health services payment for such members under a
community rating system, and (B) is organized and operated in the
manner prescribed by section 300e(c) of this title, except that
it does not assume full financial risk on a prospective basis for
the provision to such members of basic or supplemental health
services with respect to which it is not required under such
title XVIII or such State plan to assume such financial risk; and
(2) with respect to its other members it provides health
services in accordance with section 300e(b) of this title and is
organized and operated in the manner prescribed by section
300e(c) of this title.
An entity which provides health services to a defined population on
a prepaid basis and which has members who are enrolled under the
health benefits program authorized by chapter 89 of title 5, may be
considered as a health maintenance organization for purposes of
receiving assistance under this subchapter if with respect to its
other members it provides health services in accordance with
section 300e(b) of this title and is organized and operated in the
manner prescribed by section 300e(c) of this title.Legislative History ________________________________________________________________________
See also: State Laws: Health Maintenance Organizations (HMOs)
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