117 STAT. 2378
PUBLIC LAW 108–173—DEC. 8, 2003
‘‘(3) A report under paragraph (1) shall include a description of efforts by the Secretary to reduce such inconsistency or conflicts, and recommendations for legislation or administrative action that the Secretary determines appropriate to further reduce such inconsistency or conflicts.’’.
Subtitle B—Contracting Reform SEC. 911. INCREASED FLEXIBILITY IN MEDICARE ADMINISTRATION.
(a) CONSOLIDATION AND FLEXIBILITY IN MEDICARE ADMINISTRATION.— (1) IN GENERAL.—Title XVIII is amended by inserting after section 1874 the following new section: ‘‘CONTRACTS 42 USC 1395kk–1 note.
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‘‘SEC. 1874A. (a) AUTHORITY.— ‘‘(1) AUTHORITY TO ENTER INTO CONTRACTS.—The Secretary may enter into contracts with any eligible entity to serve as a medicare administrative contractor with respect to the performance of any or all of the functions described in paragraph (4) or parts of those functions (or, to the extent provided in a contract, to secure performance thereof by other entities). ‘‘(2) ELIGIBILITY OF ENTITIES.—An entity is eligible to enter into a contract with respect to the performance of a particular function described in paragraph (4) only if— ‘‘(A) the entity has demonstrated capability to carry out such function; ‘‘(B) the entity complies with such conflict of interest standards as are generally applicable to Federal acquisition and procurement; ‘‘(C) the entity has sufficient assets to financially support the performance of such function; and ‘‘(D) the entity meets such other requirements as the Secretary may impose. ‘‘(3) MEDICARE ADMINISTRATIVE CONTRACTOR DEFINED.—For purposes of this title and title XI— ‘‘(A) IN GENERAL.—The term ‘medicare administrative contractor’ means an agency, organization, or other person with a contract under this section. ‘‘(B) APPROPRIATE MEDICARE ADMINISTRATIVE CONTRACTOR.—With respect to the performance of a particular function in relation to an individual entitled to benefits under part A or enrolled under part B, or both, a specific provider of services or supplier (or class of such providers of services or suppliers), the ‘appropriate’ medicare administrative contractor is the medicare administrative contractor that has a contract under this section with respect to the performance of that function in relation to that individual, provider of services or supplier or class of provider of services or supplier. ‘‘(4) FUNCTIONS DESCRIBED.—The functions referred to in paragraphs (1) and (2) are payment functions (including the function of developing local coverage determinations, as defined in section 1869(f)(2)(B)), provider services functions, and functions relating to services furnished to individuals entitled to
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