Page:United States Statutes at Large Volume 101 Part 1.djvu/722

 101 STAT. 692 "^^^^ '• '"-'-

PUBLIC LAW 100-93—AUG. 18, 1987

"(3) As used in this subsection, the term 'exclude' includes the refusal to enter into or renew a participation agreement or the termination of such an agreement.". SEC. 8. MISCKLLANEOUS AM) CONFORMING AMENDMENTS.

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(a) MATERNAL AND CHILD HEALTH PROGRAM.—Section 504(b) (42 U.S.C. 704(b)) is amended— (1) by striking "or" at the end of paragraph (4), '^^' inserting "; or", and (3) by adding at the end thereof the following new paragraph: "(6) payment for any item or service (other than an emer, ' gency item or service) furnished— •' "(A) by an individual or entity during the period when ' > such individual or entity is excluded pursuant to section 1128 or section 1128A from participation in the program under this title, or "(B) at the medical direction or on the prescription of a physician during the period when the physician is excluded pursuant to section 1128 or section 1128A from participa•^hj^ > tion in the program under this title and when the person furnishing such item or service knew or had reason to know ^^' of the exclusion (after a reasonable time period after reasonable notice has been furnished to the person).". (b) DISCLOSURE REQUIREMENTS.—(1) Subsection (a) of section 1126 (42 U.S.C. 1320a-5) is amended— (A) in the first sentence, by striking "or other institution" and all that follows through the period at the end and inserting "or other entity (other than an individual practitioner or group of ~' practitioners) shall be required to disclose to the Secretary or to the appropriate State agency the name of any person that is a ^>'' person described in subparagraphs (A) and (B) of section 1128(b)(8).", and (B) in the second sentence, by striking "institution, organization, or agency" and inserting ' entity". (2) Subsection (b) of such section is amended by striking "institution, organization, or agency" and inserting "entity" each place it appears. (c) MEDICARE PAYMENTS.—(1) Section 1862 (42 U.S.C. 1395y) is amended— ', ' (A) by repealing subsection (d), and (B) by amending subsection (e) to read as follows: "(e) No payment may be made under this title with respect to any item or service (other than an emergency item or service) furnished— "(1) by an individual or entity during the period when such individual or entity is excluded pursuant to section 1128 or section 1128A from participation in the program under this title; or •f> "(2) at the medical direction or on the prescription of a physician during the period when he is excluded pursuant to ^'' section 1128 or section 1128A from participation in the program '•J ' under this title and when the person furnishing such item or service knew or had reason to know of the exclusion (after a reasonable time period after reasonable notice has been furnished to the person).". (2) Section 1842(j) (42 U.S.C. 1395u(j)) is amended—
 * (2) by striking the period at the end of paragraph (5) and

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