Page:United States Statutes at Large Volume 101 Part 1.djvu/718

 101 STAT. 688 Ante, p. 680.

PUBLIC LAW 100-93—AUG. 18, 1987

health care programs (as defined in section 1128(h))," after "professional organization,", (f) APPLICATION OF SUBPOENA POWER AND INJUNCTIVE POWERS.—

Ante, p. 686.

Section 1128A is further amended by adding at the end the following new subsections: 42 USC 405. "(j) The provisions of subsections (d) and (e) of section 205 shall apply with respect to this section to the same extent as they are applicable with respect to title II. The Secretary may delegate the ^4 authority granted by section 205(d) (as made applicable to this section) to the Inspector General of the Department of Health and section. "(k) Whenever the Secretary has reason to believe that any person A'.,: • 1 5't has engaged, is engaging, or is about to engage in any activity which makes the person subject to a civil monetary penalty under this section, the Secretary may bring an action in an appropriate district court of the United States (or, if applicable, a United States court of any territory) to enjoin such activity, or to enjoin the person from concealing, removing, encumbering, or disposing of assets which may be required in order to pay a civil monetary penalty if any such ' "
 * ......,,.,, Human Services for purposes of any investigation under this
 * - J penalty were to be imposed or to seek other appropriate relief.".

SEC. 4. CRIMINAL PENALTIES FOR ACTS INVOLVING MEDICARE AND STATE HEALTH CARE PROGRAMS.

(a) TECHNICAL AMENDMENTS.—Section 1909 (42 U.S.C. 1396h) is amended— > (1) by amending the heading to read as follows: ,

" C R I M I N A L PENALTIES FOR ACTS I N V O L VI N G M E D I C A R E OR STATE

HEALTH CARE PROGRAMS";

42 USC 1395.

42 USC 1396.

Contracts.

(2) in subsection (a)(1), by striking "a State plan approved under this title" and inserting "a program under title XVIII or a State health care program (as defined in section 1128(h))"; (3) in the matter in subsection (a) following paragraph (4), by striking "this title" the first place it appears and inserting "the program"; (4) in the last sentence of subsection (a), by striking "this title" the first place it appears and inserting "title XIX", and by striking "this title" the second place it appears and inserting "that title"; (5) in paragraphs (1)(A), (1)(B), (2)(A), (2)(B), and (3)(A) of subsection (b), by striking "this title" and inserting "title XVIII or a State health care program" each place it appears; (6) in subsection (b)(3)— (A) by striking "and" at the end of subparagraph (A), (B) by striking the period at the end of subparagraph (B) and inserting "; and", and (C) by adding at the end the following: "(C) any amount paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities who are furnishing services reimbursed under title XVIII or a State health care program if— "(i) the person has a written contract, with each such individual or entity, which specifies the amount to be paid the person, which amount may be a fixed amount or a fixed

�