Page:United States Statutes at Large Volume 101 Part 1.djvu/715

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 685

"(A) of the fact and circumstances of each exclusion effected against an individual or entity under this section or section 1128A, and Post, p. 686. "(B) of the period (described in paragraph (3)) for which the State agency is directed to exclude the individual or entity from participation in the State health care program. exclusion under a State health care program under paragraph (2) shall be the same as any period of exclusion under a program under title XVIII. 42 USC 1395. "(B) The Secretary may waive an individual's or entity's exclusion under a State health care program under paragraph (2) if the Secretary receives and approves a request for the waiver with ,, ^,, respect to the individual or entity from the State agency administering or supervising the administration of the program. "(e) NOTICE TO STATE LICENSING AGENCIES.—The Secretary shall— "(1) promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification .. -.j,,,.» of an individual or entity excluded (or directed to be excluded) from participation under this section or section 1128A, of the fact and circumstances of the exclusion, "(2) request that appropriate investigations be made and sanctions invoked in accordance with applicable State law and policy, and "(3) request that the State or local agency or authority keep the Secretary and the Inspector General of the Department of Health and Human Services fully and currently informed with respect to any actions taken in response to the request. "(f) NOTICE, HEARING, AND JUDICIAL REVIEW.—(1) Subject to paragraph (2), any individual or entity that is excluded (or directed to be excluded) from participation under this section is entitled to reasonable notice and opportunity for a hearing thereon by the Secretary to the same extent as is provided in section 205(b), and to judicial 42 USC 405. review of the Secretary's final decision after such hearing as is provided in section 205(g). "(2) Unless the Secretary determines that the health or safety of individuals receiving services warrants the exclusion taking effect earlier, any individual or entity that is the subject of an adverse determination under subsection (b)(7) shall be entitled to a hearing by an administrative law judge (as provided under section 205(b)) on the determination under subsection (b)(7) before any exclusion based upon the determination takes effect. "(3) The provisions of section 205(h) shall apply with respect to this section and sections 1128A and 1156 to the same extent as it is 42 USC 1320c-5. applicable with respect to title II. 42 USC 401. "(g) APPLICATION FOR TERMINATION OF EXCLUSION.—(1) An individ-
 * '(3)(A) Except as provided in subparagraph (B), the period of the

ual or entity excluded (or directed to be excluded) from participation under this section or section 1128A may apply to the Secretary, in the manner specified by the Secretary in regulations and at the end of the minimum period of exclusion provided under subsection (c)(3) and at such other times as the Secretary may provide, for termination of the exclusion effected under this section or section 1128A. "(2) The Secretary may terminate the exclusion if the Secretary determines, on the basis of the conduct of the applicant which occurred after the date of the notice of exclusion or which was unknown to the Secretary at the time of the exclusion, that—

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