Page:United States Statutes at Large Volume 102 Part 1.djvu/836

 102 STAT. 798

Law enforcement and crime.

State and local governments. Contracts.

Effective date. 42 USC 1396b note.

PUBLIC LAW 100-360—JULY 1, 1988

tion or history indicates a need for substantial future medical services; or "(iv) misrepresents or falsifies information that is furnished— "(I) to the Secretary or the State under this subsection, or "(11) to an individual or to any other entity under this subsection, the Secretary may provide, in addition to any other remedies available under law, for any of the remedies described in subparagraph (B). "(B) The remedies described in this subparagraph are— "(i) civil money penalties of not more than $25,000 for each determination under subparagraph (A), or, with respect to a determination under clause (iii) or (ivXI) of such subparagraph, of not more than $100,000 for each such determination, plus, with respect to a determination under subparagraph (A)(ii), double the excess amount charged in violation of such subparagraph (and the excess amount charged shall be deducted from the penalty and returned to the individual concerned), and plus, with respect to a determination under subparagraph (A)(iii), $15,000 for each individual not enrolled as a result of a practice described in such subparagraph, or "(ii) denial of payment to the State for medical assistance furnished under the contract under this subsection for individuals enrolled after the date the Secretary notifies the organization of a determination under subparagraph (A) and until the Secretary is satisfied that the basis for such determination has been corrected and is not likely to recur. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under clause (i) in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).". (B) The amendment made by subparagraph (A) shall apply to actions occurring on or after the date of the enactment of this Act. (13)

Children and youth. Handicapped persons.

Effective date. 42 USC 1396b note.

TREATMENT OF EDUCATIONALLY-RELATED SERVICES.—(A)

Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by inserting after subsection (b) the following new subsection: "(c) Nothing in this title shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict, payment under subsection (a) for medical assistance for covered services furnished to a handicapped child because such services are included in the child's individualized education program established pursuant to part B of the Education of the Handicapped Act or furnished to a handicapped infant or toddler because such services are included in the child's individualized family service plan adopted pursuant to part H of such Act.". (B) The amendment made by subparagraph (A) shall take effect on the date of the enactment of this Act. (14) CLARIFICATION OF TERM "INSTITUTION FOR MENTAL DIS-

EASES".—(A) Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by inserting after subsection (h) the following new subsection: "(i) The term 'institution for mental diseases' means a hospital, nursing facility, or other institution of more than 16 beds, that is primarily engaged in providing diagnosis, treatment, or care of

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