Page:United States Statutes at Large Volume 102 Part 1.djvu/810

 102 STAT. 772

PUBLIC LAW 100-360—JULY 1, 1988 (i) by striking paragraphs (1) and (2) and inserting the following: "(1) INCREASE IN CIVIL MONETARY PENALTY AND EXCLUSION OF

42 USC 1395dd note. 42 USC 1395WW.

RESPONSIBLE PHYSICIAN VIOLATORS.—Section 1867(d)(2) of the Social Security Act (42 U.S.C. 1395dd(d)(2)) is amended— "(A) in the second sentence— "(i) by redesignating such sentence as subparagraph (C), "(ii) by striking 'previous sentence' and inserting 'this paragraph', and "(iii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and "(B) by striking the first sentence and inserting the following: '(A) A participating hospital that knowingly violates a requirement of this section is subject to a civil money penalty of not more than $50,000 for each such violation. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply with respect to a penalty or proceeding under section 1128A(a). "'(B) The responsible physician in a participating hospital with respect to the hospital's violation of a requirement of this subsection is subject to the sanctions described in section 18420X2), except that, for purposes of this subparagraph, the civil money penalty with respect to each violation may not exceed $50,000, rather than $2,000.'"; and (ii) by redesignating paragraph (3) as paragraph (2). (B) Section 4009(d)(l)(A) of OBRA is amended, in the matter inserted by such section, by striking the comma after "repI*6S611.i^tiv6S

42 USC 1395VW note.

100 Stat. 1988.

(C) Section 4009(i) of OBRA is amended by striking "New England county metropolitan areas" and "4001(b)" and inserting "urban areas in New England" and "40020t))", respectively. (D) Section 4009(j) of OBRA is amended by adding at the end the following new paragraphs: "(9) Section 1818(c) of the Social Security Act (42 U.S.C. 139512(c)) is amended by striking paragraph (4) and redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively. "(10) Section 9305(d) of the Omnibus Budget Reconciliation Act of 1986 is amended by striking '2 years after the date of the enactment of this Act' and inserting 'eJanuary 1, 1990'.". (c) CORRECTIONS RELATING TO SUBPART A OP PART 2 OF SUBTITLE A OF TITLE IV (HEALTH MAINTENANCE ORGANIZATION REFORMS).—

42 USC 1395mm.

contracts. 42 USC 1395CC.

(1) SECTION 401I.—Subparagraph (F) of section 1876(c)(3) of the Social Security Act, as added by the amendment made by section 4011(a)(l) of OBRA, is amended by moving its indentation 4 ems to the left so its left margin is aligned with the left margin of subparagraph (G) of that section, as added by section 4011(b)(l)ofOBRA. (2) SECTION 4012.—(A)(i) Section 1866(a)(l)(O) of the Social Security Act, as inserted by section 4012(a) of OBRA, is amended by striking "with a risk-sharing contract under section 1876" and inserting "(i) with a risk-sharing contract under section 1876, under section 1876(i)(2)(A) (as in effect before

�