Page:United States Statutes at Large Volume 101 Part 1.djvu/725

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 695

(i) TITLE XX.—Section 2005(a) (42 U.S.C. 1397d(a)) is amended— (1) by striking "or" at the end of paragraph (7), (2) by striking the period at the end of paragraph (8) and inserting "; or", and (3) by adding at the end thereof the following new paragraph: "(9) for payment for any item or service (other than an emergency 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 Ante, pp. 680, under this title, or 689. "(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 participation 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).", (j) DENIAL, REVOCATION, OR SUSPENSION OF REGISTRATION TO MANUFACTURE, DISTRIBUTE, OR DISPENSE A CONTROLLED SUBSTANCE FOR ENTITIES EXCLUDED FROM THE MEDICARE PROGRAM.—Section

304(a) of the Controlled Substances Act (21 U.S.C. 824(a)) is amended— (1) by striking "or" at the end of paragraph (3), (2) by striking the period at the end of paragraph (4) and inserting "; or", and (3) by inserting after paragraph (4) the following new paragraph: "(5) has been excluded (or directed to be excluded) from participation in a program pursuant to section 1128(a) of the Social Security Act..

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.SEC. 9. CLARIFICATION OF MEDICAID MORATORIUM PROVISIONS OF DEFICIT REDUCTION ACT OF 1984.

Section 2373(c) of the Deficit Reduction Act of 1984 (Public Law State and local governments. 98-369; 98 Stat. 1112) is amended to read as follows: "(c)(1) The Secretary of Health and Human Services shall not take 42 USC 1396a note. any compliance, disallowance, penalty, or other regulatory action against a State with respect to the moratorium period described in paragraph (2) by reason of such State's plan described in paragraph (5) under title XIX of the Social Security Act (including any part of 42 USC 1396. the plan operating pursuant to section 1902(f) of such Act), or the 42 USC 1396a. operation thereunder, being determined to be in violation of clause (IV), (V), or (VI) of section 1902(a)(10)(A)(ii) or section 1902(a)(10)(C)(i)(III) of such Act on account of such plan's (or its operation) having a standard or methodology which the Secretary interprets as being less restrictive than the standard or methodology ' r, required under such section, provided that such plan (or its operation) does not make ineligible any individual who would be eligible but for the provisions of this subsection. "(2) The moratorium period is the period beginning on October 1, 1981, and ending 18 months after the date on which the Secretary submits the report required under paragraph (3). "(3) The Secretary shall report to the Congress within 12 months Reports. after the date of the enactment of this Act with respect to the appropriateness, and impact on States and recipients of medical assistance, of applying standards and methodologies utilized in cash

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