Page:United States Statutes at Large Volume 101 Part 1.djvu/717

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 687

service was furnished that the physician was certified in a medical specialty by a medical specialty board when the individual was not so certified, or "' "(D) is for a medical or other item or service furnished during a period in which the person was excluded under the program under which the claim was made pursuant to a determination by the Secretary under this section or under section 1128, 1156, 116O0t>) (as in effect on September 2, Ante, p. 680; 42 1982), 1862(d) (as in effect on the date of the enactment of USin^iQon" o the Medicare and Medicaid Patient and Program Protection ^'^ ^^^ id^oc-9. Act of 1987), or 1866(b); or". Post, pp. 692,693. (2) Section 1128A(a)(2) is amended— (A) in subparagraph (B) by inserting "(or other requirement of a State plan under title XIX)" after "State agency", and 42 USC 1396. (B) by inserting at the end "or (D) an agreement pursuant to section 1866(a)(l)(G), or". (3) Subsection (a) of section 1128A is further amended— (A) by inserting after paragraph (2) and before the end matter of such subsection the following new paragraph: "(3) gives to any person, with respect to coverage under title XVIII of inpatient hospital services subject to the provisions of 42 USC 1395. section 1886, information that he knows or has reason to know Post, p. 693. is false or misleading, and that could reasonably be expected to influence the decision when to discharge such person or another individual from the hospital;", and (B) in the matter following paragraph (3)— (i) by inserting "(or, in cases under paragraph (3), $15,000 for each individual with respect to whom false or misleading information was given)" before the period at the end of the first sentence, and t. (ii) by adding at the end thereof the following new sentence: "In addition the Secretary may make a determination in the same proceeding to exclude the person from participation in the programs under title XVIII and to direct the appropriate State agency to exclude the person from participation in any State health care program.". (b) STATUTE OF LIMITATION ON ACTIONS.—Subsection (c)(l) of section 1128A (as redesignated by section 9313(c)(l)(D) of the Omnibus ,,. Budget Reconciliation Act of 1986) is amended by adding at the end the following new sentences: "The Secretary may not initiate an action under this section with respect to any claim later than six years after the date the claim was presented. The Secretary may initiate an action under this section by serving notice of the action in any manner authorized by Rule 4 of the Federal Rules of Civil Procedure.". 28 USC app. (c) CONFORMING AMENDMENT.—Subsections (c), (d), (g), and (h) of

section 1128A are each amended by striking "penalty or assessment" and inserting "penalty, assessment, or exclusion each place it appears. (d) PRO-RATED PAYMENT OF RECOVERIES TO STATE AGENCIES.—

Subsection (f)(1)(A) of section 1128A is amended by striking "equal to the State's share of the amount paid by the State agency and inserting "bearing the same proportion to the total amount recovered as the State's share of the amount paid by the State agency for such claim bears to the total amount paid". (e) NOTICE TO STATE AGENCIES.—Subsection (h) of section 1128A is

further amended by inserting "the appropriate State agency or agencies administering or supervising the administration of State

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