; and (B) no payment shall be made under this title for any item or service furnished by the provider during the 2-year period beginning on the date the affidavit was signed. (5) Private contracts for noncovered items and services for any individual An institutional or individual provider with no agreement in effect under section 301 may bill or enter into a private contract with any individual for a item or service that is not a benefit under this Act. IV Administration A General Administration Provisions 401. Administration (a) General duties of the Secretary (1) In general The Secretary shall develop policies, procedures, guidelines, and requirements to carry out this Act, including related to— (A) eligibility for benefits; (B) enrollment; (C) benefits provided; (D) provider participation standards and qualifications, as described in title III; (E) levels of funding; (F) methods for determining amounts of payments to providers of covered items and services, consistent with subtitle B; (G) a process for appealing or petitioning for a determination of coverage or noncoverage of items and services under this Act; (H) planning for capital expenditures and service delivery; (I) planning for health professional education funding; (J) encouraging States to develop regional planning mechanisms; and (K) any other regulations necessary to carry out the purposes of this Act. (2) Regulations Regulations authorized by this Act shall be issued by the Secretary in accordance with section 553 of title 5, United States Code. (3) Accessibility The Secretary shall have the obligation to ensure the timely and accessible provision of items and services that all eligible individuals are entitled to under this Act. (b) Uniform reporting standards; annual report