SEC. 1638. REQUIREMENT FOR PHYSICIANS TO PROVIDE DOCUMENTATION ON REFERRALS TO PROGRAMS AT HIGH RISK OF WASTE AND ABUSE.

[a] Physicians and Other Suppliers- Section- 1842[h] of the Social Security Act, as amended by section 1635, is further amended by adding at the end the following new paragraph:

'[10] The Secretary may disenroll, for a period of not more than one year for each act, a physician or supplier under section 1866[j] if such physician or supplier fails to maintain and, upon request of the Secretary, provide access to documentation relating to written orders or requests for payment for durable medical equipment, certifications for home health services, or referrals for other items or services written or ordered by such physician or supplier under this title, as specified by the Secretary.'.

[b] Providers of Services- Section- 1866[a][1] of such Act [42 U.S.C. 1395cc], as amended by section 1635, is further amended--

[1] in subparagraph [V], by striking at the end 'and';

[2] in subparagraph [W], by striking the period at the end and adding '; and'; and

[3] by adding at the end the following new subparagraph:

'[X] maintain and, upon request of the Secretary, provide access to documentation relating to written orders or requests for payment for durable medical equipment, certifications for home health services, or referrals for other items or services written or ordered by the provider under this title, as specified by the Secretary.'.

[c] OIG Permissive Exclusion Authority- Section- 1128[b][11] of the Social Security Act [42 U.S.C. 1320a-7[b][11]] is amended by inserting ', ordering, referring for furnishing, or certifying the need for' after 'furnishing'.

[d] Effective Date- The amendments made by this section shall apply to orders, certifications, and referrals made on or after January 1, 2010.