Page:United States Statutes at Large Volume 102 Part 1.djvu/824

 102 STAT. 786

PUBLIC LAW 100-360—JULY 1, 1988 "Partial Hospitalization Services", and

42 USC 1395x.

42 USC 1395/.

42 USC 1395k. 42 USC 1395/.

eiaims. Law enforcement and crime.

(ii) in paragraph (3), by striking "hospital-based or hospital-affiliated (as defined by the Secretary)" and inserting "furnished by a hospital to its outpatients". (2) SECTION 4071.—Section 1861(s)(10XA) of the Social Security Act, as amended by section 407i(a) of OBRA, is amended by inserting ", subject to section 4071(b) of the Omnibus Budget Reconciliation Act of 1987," before "influenza vaccine". (3) SECTION 4072.—(A) Section 1861(s)(12) of the Social Security Act, as amended by section 4072(a) of OBRA, is amended by inserting "subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987," after "(12)". (B) Section 4072(b) of OBRA is amended— (i) by striking "by inserting after subsection (e)" and inserting "by adding at the end, as previously amended,", and (ii) by redesignating the subsection added by such section as subsection (o). (4) SECTION 4073.—Section 4073 of OBRA is amended— (A) by striking paragraph (1) of subsection (b); (B) in paragraph (2) of subsection (b)— (i) by redesignating such paragraph as paragraph (1); (ii) by inserting "and" at the end of subparagraph (A); (iii) by striking subparagraph (B); (iv) in the matter added by subparagraph (C)— (I) by striking "and (I)" and inserting "(K)", (II) by inserting "8 percent of the lesser of the actual charge for the services or" after "amounts paid shall be", (III) by striking "but in no event more than" and inserting "but in no event shall such fee schedule exceed", and (IV) by striking the semicolon and inserting a comma; and (v) by redesignating subparagraph (C) as subparagraph (B); (C) in paragraph (3) of subsection (b)— (i) by inserting ", as previously amended," after "at the end", (ii) by redesignating such paragraph as paragraph (2), (iii) by redesignating the subsection added by such paragraph as subsection (p), and (iv) by adding at the end of the subsection added by such paragraph the following: "Except for deductible and coinsurance amounts applicable under section 1833, whoever knowingly and willfully presents, or causes to be presented, to an individual enrolled under this part a bill or request for payment for services described in the previous sentence, is subject to a civil money penalty of not to exceed $2,000 for each such bill or request. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions applv to a penalty or proceeding under section 1128A(a).;

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