Page:United States Statutes at Large Volume 101 Part 1.djvu/727

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 697

SEC. 11. DEFINITION OF PERSON WITH OWNERSHIP OR CONTROL INTEREST.

Section 1124(a)(3)(A)(ii) (42 U.S.C. 1320a-3(a)(3)(A)(ii)) is amended by striking "$25,000 or". SEC. 12. CONDITIONAL APPROVAL OF RENAL DIALYSIS FACILITIES.

Section 1881 (42 U.S.C. 1395rr) is amended by adding at the end the following new subsection: "(h)(1) In any case where the Secretary— "(A) finds that a renal dialysis facility is not in substantial compliance with requirements for such facilities prescribed " under subsection (b)(1)(A), "(B) finds that the facility's deficiencies do not immediately ' jeopardize the health and safety of patients, and "• "(C) has given the facility a reasonable opportunity to correct its deficiencies, the Secretary may, in lieu of terminating approval of the facility, determine that payment under this title shall be made to the facility only for services furnished to individuals who were patients of the facility before the effective date of the notice. "(2) The Secretary's decision to restrict payments under this subsection shall be made effective only after such notice to the public and to the facility as may be prescribed in regulations, and shall remain in effect until (A) the Secretary finds that the facility is in substantial compliance with the requirements under subsection (b)(1)(A), or (B) the Secretary terminates the agreement under this title with the facility. "(3) A facility dissatisfied with a determination by the Secretary under paragraph (1) shall be entitled to a hearing thereon by the Secretary (after reasonable notice) to the same extent as is provided in section 205(b), and to judicial review of the Secretary's final 42 USC 405. decision after such hearing as is provided in section 205(g).". SEC. 13. AMENDMENT RELATING TO FRAUD INVOLVING MEDICARE SUPPLEMENTAL INSURANCE.

Section 1882(d)(1) (42 U.S.C. 1395ss(d)(l)) is amended by striking "knowingly or willfully" and inserting "knowingly and willfully'. SEC. 14. STANDARDS FOR ANTI-KICKBACK PROVISIONS.

(a) REGULATIONS.—The Secretary of Health and Human Services, 42 USC 1320a-7b in consultation with the Attorney General, not later than 1 year note. after the date of the enactment of this Act shall publish proposed regulations, and not later than 2 years after the date of the enactment of this Act shall promulgate final regulations, specifying payment practices that shall not be treated as a criminal offense under section 1128B(b) of the Social Security Act and shall not serve Ante, p. 689. as the basis for an exclusion under section 11280t>)(7) of such Act. Ante, p. 680. Any practices specified in regulations pursuant to the preceding sentence shall be in addition to the practices described in subparagraphs (A) through (C) of section 1128B(b)(3). (b) CRIMINAL VIOLATION.—Section 1128B(b)(3), as amended and 42 USC redesignated by section 4 of this Act, is further amended— 1320a-7b. (1) by striking "and" at the end of subparagraph (B), (2) by striking the period at the end of subparagraph (C) and inserting "; and", and (3) by adding at the end thereof the following new subparagraph:

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