Page:United States Statutes at Large Volume 101 Part 2.djvu/890

 101 STAT. 1330-96

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PUBLIC LAW 100-203—DEC. 22, 1987

"(B) 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 .^.j,. been repaid. Sv„c "(4) The Secretary shall not bar a physician pursuant to paragraph (2)(C)(ii) or paragraph (3)(B) if such physician is a sole community physician or sole source of essential specialized ~ services in a community. "(b) PAST-DUE OBLIGATION.—For purposes of this section, a pastdue obligation is any amount— "(1) owed by a physician to the United States by reason of a V breach of a scholarship contract under section 338E of the Public Health Service Act, and "(2) which has not been paid by the deadline established by the Secretary pursuant to section 338E of the Public Health Service Act, and has not been canceled, waived, or suspended by the Secretary pursuant to such section. "(c) COLLECTION UNDER THIS SECTION SHALL NOT B E EXCLUSIVE.—

This section shall not preclude the United States from applying other provisions of law otherwise applicable to the collection of obligations owed to the United States, including (but not limited to) the use of tsix refund offsets pursuant to section 3720A of title 31, United States Code, and the application of other procedures provided under chapter 37 of title 31, United States Code. "(d) COLLECTION FROM PROVIDERS AND HEALTH MAINTENANCE ORGANIZATIONS.—

"(1) In the case of a physician who owes a psist-due obligation, and who is an employee of, or affiliated by a medical services agreement with, a provider having an agreement under section 1866 or a health maintenance organization or competitive medical plan having a contract under section 1833 or section 1876, the Secretary shall deduct the amounts of such past-due obligation from amounts otherwise payable under this title to such provider, organization, or plan. "(2) Deductions shall be in accordance with a formula and schedule agreed to by the Secretary, the physician and the provider, organization, or plan. The deductions shall be made from the amounts otherwise payable to the physician under this title as long as the physician continued to be employed or affiliated by a medical services agreement. "(3) Such deduction shall not be made until 6 months after the Secretary notifies the provider, organization, or pl£m of the amount to be deducted and the particular physicians to whom C's the deductions are attributable. • "(4) A deduction made under this subsection shall relieve the physician of the obligation (to the extent of the amount collected) to the United States, but the provider, organization, or plan shall have a right of action to collect from such physician the amount deducted pursuant to this subsection (including accumulated interest). "(5) No deduction shall be made under this subsection if, 70:.' within the 6-month period after notice is given to the provider, organization, or plan, the physician pays the past-due obliga~ tion, or ceases to be employed by the provider, organization, or plan. "(6) The Secretary shall also apply the provisions of this subsection in the case of a physician who is a member of a group

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