Page:United States Statutes at Large Volume 101 Part 1.djvu/721

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 691

"(6) to hospitals and other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986), with respect to physicians or other licensed health care practitioners that have entered (or may be entering) into an employment or affiliation relationship with, or have applied for .; clinical privileges or appointments to the medical staff of, such hospitals or other health care entities (and such information shall be deemed to be disclosed pursuant to section 427 of, and b be subject to the provisions of, that Act), "(7) to the Attorney General and such other law enforcement officials as the Secretary deems appropriate, and "(8) upon request, to the Comptroller General, in order for such authorities to determine the fitness of individuals to provide health care services, to protect the health and safety of individuals receiving health care through such programs, and to protect the fiscal integrity of such programs.

Health care facilities. 42 USC 11151.

42 USC 11137.

"(c) CONFIDENTIALITY OF INFORMATION PROVIDED.—The Secretary

shall provide for suitable safeguards for the confidentiality of the information furnished under subsection (a). Nothing in this subsection shall prevent the disclosure of such information by a party which is otherwise authorized, under applicable State law, to make such disclosure. "(d) APPROPRIATE COORDINATION.—The Secretary shall provide for the maximum appropriate coordination in the implementation of subsection (a) of this section and section 422 of the Health Care Quality Improvement Act of 1986.".

42 USC 11132.

SEC. 6. OBLKJATION OV H P: A L T H CARE PRACTITIONERS AM) PROVIDERS.

Section 1156 (42 U.S.C. 1320c-5) is amended— (1) by striking "title XVIII" and "such title" in subsection (a) and inserting "this Act" in each instance, and (2) by striking "title XVIII" in subsection (b) and inserting "this Act" each place it appears. SEC. 7. EXCLUSION UNDER THE MEDICAID PROGRAM.

Section 1902 (42 U.S.C. 1396b) is amended by redesignating the subsection (1) added by section 3(b) of the Employment Opportunities for Disabled Americans Act as subsection (o) and by inserting after 42 USC 1396a; ante, p. 689. such subsection the following new subsection: "(p)(l) In addition to any other authority, a State may exclude any individual or entity for purposes of participating under the State plan under this title for any reason for which the Secretary could exclude the individual or entity from participation in a program under title XVIII under section 1128, 1128A, or 1866(b)(2). 42 USC 1395; "(2) In order for a State to receive payments for medical assistance ante, p. 680; under section 1903(a), with respect to payments the State makes to a 42 USC 1370a-7a, health maintenance organization (as defined in section 1903(m)) or 1395CC. to an entity furnishing services under a waiver approved under 42 USC 1396b. section 1915(b)(1), the State must provide that it will exclude from 42 USC 1396n. participation, as such an organization or entity, any organization or entity that— "(A) could be excluded under section 1128(b)(8) (relating to owners and managing employees who have been convicted of certain crimes or received other sanctions), or "(B) has, directly or indirectly, a substantial contractual rela- Contracts. tionship (as defined by the Secretary) with an individual or entity that is described in section 1128(b)(8)(B).

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