text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Fighting Medicare Payment Fraud Act 
  of 2009''.
  
  SEC. 2. EXTENSION OF NUMBER OF DAYS IN WHICH MEDICARE CLAIMS ARE 
                REQUIRED TO BE PAID IN ORDER TO PREVENT OR COMBAT FRAUD, 
                WASTE, OR ABUSE.
  
      (a) Part A Claims.--Section 1816(c)(2) of the Social Security Act 
  (42 U.S.C. 1395h(c)(2)) is amended--
              (1) in subparagraph (B)(ii)(V), by striking ``with 
          respect'' and inserting ``subject to subparagraph (D), with 
          respect''; and
              (2) by adding at the end the following new subparagraph:
                      ``(D)(i) Upon a determination by the Secretary that 
                  there is a likelihood of fraud, waste, or abuse 
                  involving a particular category of providers of 
                  services or suppliers, categories of providers of 
                  services or suppliers in a certain geographic area, or 
                  individual providers of services or suppliers, the 
                  Secretary shall extend the number of calendar days 
                  described in subparagraph (B)(ii)(V) to--
                              ``(I) up to 365 calendar days with respect 
                          to claims submitted by--
                                      ``(aa) categories of providers of 
                                  services or suppliers; or
                                      ``(bb) categories of providers of 
                                  services or suppliers in a certain 
                                  geographic area; or
                              ``(II) such time that the Secretary 
                          determines is necessary to ensure that the 
                          claims with respect to individual providers of 
                          services or suppliers are clean claims.
                      ``(ii) During the extended period of time under 
                  subclauses (I) and (II) of clause (ii), the Secretary 
                  shall engage in heightened scrutiny of claims, such as 
                  prepayment review and other methods the Secretary 
                  determines to be appropriate.
                      ``(iii) Not later than 90 days after the date of 
                  enactment of this subparagraph and not less than 
                  annually thereafter, the Inspector General of the 
                  Department of Health and Human Services shall submit to 
                  the Secretary a report containing recommendations with 
                  respect to the application of this subparagraph and 
                  section 1842(c)(2)(D). Not later than 60 days after 
                  receiving such a report, the Secretary shall submit to 
                  the Inspector General a written response to the 
                  recommendations contained in the report.
                      ``(iv) There shall be no administrative or judicial 
                  review under section 1869, section 1878, or otherwise 
                  of the implementation of this subparagraph by the 
                  Secretary.''.
      (b) Part B Claims.--Section 1842(c)(2) of the Social Security Act 
  (42 U.S.C. 1395u(c)(2)) is amended--
              (1) in subparagraph (B)(ii)(V), by striking ``with 
          respect'' and inserting ``subject to subparagraph (D), with 
          respect''; and
              (2) by adding at the end the following new subparagraph:
                      ``(D)(i) Upon a determination by the Secretary that 
                  there is a likelihood of fraud, waste, or abuse 
                  involving a particular category of providers of 
                  services or suppliers, categories of providers of 
                  services or suppliers in a certain geographic area, or 
                  individual providers of services or suppliers, the 
                  Secretary shall extend the number of calendar days 
                  described in subparagraph (B)(ii)(V) to--
                              ``(I) up to 365 calendar days with respect 
                          to claims submitted by--
                                      ``(aa) categories of providers of 
                                  services or suppliers; or
                                      ``(bb) categories of providers of 
                                  services or suppliers in a certain 
                                  geographic area; or
                              ``(II) such time that the Secretary 
                          determines is necessary to ensure that the 
                          claims with respect to individual providers of 
                          services or suppliers are clean claims.
                      ``(ii) During the extended period of time under 
                  subclauses (I) and (II) of clause (ii), the Secretary 
                  shall engage in heightened scrutiny of claims, such as 
                  prepayment review and other methods the Secretary 
                  determines to be appropriate.
                      ``(iii) There shall be no administrative or 
                  judicial review under section 1869, section 1878, or 
                  otherwise of the implementation of this subparagraph by 
                  the Secretary.''.
      (c) Effective Date.--
              (1) In general.--The amendments made by this section shall 
          take effect on the day that is 6 months after the date of the 
          enactment of this Act.
              (2) Expediting implementation.--The Secretary shall 
          promulgate regulations to carry out the amendments made by this 
          section which may be effective and final immediately on an 
          interim basis as of the date of publication of the interim 
          final regulation. If the Secretary provides for an interim 
          final regulation, the Secretary shall provide for a period of 
          public comment on such regulation after the date of 
          publication. The Secretary may change or revise such regulation 
          after completion of the period of public comment.
target: Fighting Medicare Payment Fraud Act of 2009 - Amends title XVIII (Medicare) to require the Secretary of Health and Human Services (HHS) to extend to up to 365 calendar days for particular categories of service providers or suppliers the number of days in which Medicare claims are required to be paid in order to ensure that they are clean claims.
  
  Limits such extension to categories of service providers or suppliers, such categories in a certain geographic area, or individual service providers or suppliers about which the Secretary has determined that there is a likelihood of fraud, waste, or abuse involving them.
feat_title: A bill to amend title XVIII of the Social Security Act to prevent Medicare payments being lost to fraud, waste, or abuse.