Page:United States Statutes at Large Volume 102 Part 1.djvu/833

 PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 795

(I) by inserting "(A)" after "(1)", (II) by striking "1128A(a)(l)" and "1320a-7(a)(l))" and inserting "1128(a)" and "1320a-7(a))", respectively, and (III) by adding at the end the following: "(B) Section 1128A of such Act is amended by adding at the end the following new subsection: " '(1) A principal is liable under this section for the actions of the principal's agent acting within the scope of the agency.' ". (C) Section 1128(d)(3)(B)(ii) of the Social Security Act, as added by section 4118(e)(2)(B) of OBRA, is amended by striking "under a program". (D) Section 4118(e) of OBRA is amended by redesignating paragraph (3) as paragraph (14) and by inserting after paragraph (2) the following new paragraphs: "(3) Section 1128(b)(8)(A)(i) of such Act is amended by inserting after '(A)(i)' the following: 'who has a direct or indirect ownership or control interest of 5 percent or more in the entity or'. "(4) Section 1128(d) of such Act is amended— "(A) in paragraph (1), by striking 'subsection (b)' and inserting 'this section and section 1128A', and "(B) in paragraph (3)(A), by striking 'under a program'. "(5) Section 1128(i) of such Act is amended— "(A) in the matter before paragraph (1), by striking 'a physician or other individual and inserting 'an individual or entity', "(B) in paragraphs (1) through (4), by striking 'physician or other individual' each place it appears and inserting 'individual or entity', and "(C) in paragraph (4), by striking'first offender or other program' and inserting 'first offender, deferred a4judication, or other arrangement or program'. "(6) Section 1128A(a)(l)(D) of such Act is amended— "(A) by striking 'excluded under' and inserting 'excluded from', and "(B) by inserting 'or as a result of the application of the provisions of section 1842(j)(2) or section 1867(d)(2)* after 'or 1866(b)'. "(7) The second sentence of section 1128A(c)(l) of such Act is amended— "(A) by inserting ', request for payment, or other occurrence described in this section' after any claim', and "(B) by inserting ', the request for payment was made, or the occurrence took place' after 'claim was presented'. "(8) Section 1128A(i) of such Act is amended, in the matter before paragraph (1), by striking 'subsection' and inserting 'section'. "(9) Section 1128A(i)(l) of such Act is amended by inserting 'or title XX'after'title v. "(10) Section 1128A of such Act is further amended— "(A) in the matter in subsection (a) before paragraph (1), by inserting *, but excluding a beneficiary, as defined in subsection (i)(5)' after 'other entity', "(B) in subsection (i)(2), by striking 'submitted by' and all that follows through the end and inserting 'for payments for items and services under title V, XVIII, XIX, or XX of this Act.', and

42 USC

1320a-7a, 1320a-7.

42 USC

1320a-7a.

42 USC i320a-7. 42 USC 1320a-7a note.

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