Page:United States Statutes at Large Volume 101 Part 2.djvu/889

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-95

SEC. 4052. COLLECTION OF PAST-DUE AMOUNTS OWED BY PHYSICIANS WHO BREACHED CONTRACTS UNDER THE NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP PROGRAM.

(a) IN GENERAL.—Title XVIII of the Social Security Act, as previously amended by this subtitle, is amended by adding at the end thereof the following new section: "OFFSET OF P A Y M E N T S TO PHYSICIANS TO COLLECT PAST-DUE OBLIGATIONS ARISING FROM BREACH OF SCHOLARSHIP CONTRACT "SEC. 1892. (a) IN GENERAL.—

"(I)(A) Subject to subparagraph (B), the Secretary shall enter into an agreement under this section with any physician who, by reason of a breach of a contract entered into by such physician pursuant to the National Health Service Corps Scholarship Program, owes a past-due obligation to the United States (as defined in subsection (b)). "(B) The Secretary shall not enter into an agreement with a physician under this section to the extent— "(i)(1) the physician has entered into a contract with the Secretary pursuant to section 204(a)(l) of the Public Health Service Amendments of 1987, and "(II) the physician has fulfilled or (as determined by the Secretary) is fulfilling the terms of such contract; or Ti • "(ii) the liability of the physician under such section 204(a)(l) has otherwise been relieved under such section; or "(iii) the physician is performing such physician's service obligation under a forbearance agreement entered into with the Secretary under subpart II of part D of title III of the Public Health Service Act. "(2) The agreement under this section shall provide that— "(A) deductions shall be made from the amounts otherwise payable to the physician under this title, in accordance with a formula and schedule agreed to by the Secretary and the physician, until such past-due obligation (and accrued interest) have been repaid; "(B) payment under this title for services provided by such physician shall be made only on an assignment-related basis; "(C) if the physician does not provide services, for which payment would otherwise be made under this title, of a sufficient quantity to maintain the offset collection according to the agreed upon formula and schedule— "(i) the Secretary shall immediately inform the Attorney General, and the Attorney General shall immediately commence an action to recover the full amount of the past-due obligation, and "(ii) subject to paragraph (3), the Secretary shall immediately exclude the physician from the program under this title, until such time as the entire past-due obligation has been repaid. "(3) If the physician refuses to enter into an agreement or breaches any provision of the s^eement— "(A) the Secretary shall immediately inform the Attorney General, and the Attorney General shall immediately commence an action to recover the full amount of the past-due obligation, and

42 USC 1395ccc.

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