Page:United States Statutes at Large Volume 102 Part 1.djvu/855

 PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 817

(b) AUTHORIZING CIVIL MONEY PENALTIES FOR CERTAIN VIOLATIONS RELATING TO MEDICAL SUPPLEMENTAL POUCIES.—Section 1882(d) (42

U.S.C. 1395ss(d)) is amended— (1) by striking "shall be guilty" and all that follows through "or both" in each of paragraphs (1), (2), (3)(A), and (4)(A), and inserting in each case the following: "shall be fined under title 18, United States Code, or imprisoned not more than 5 years, or both, and, in addition to or in lieu of such a criminal penalty, is subject to a civil money penalty of not to exceed $5,000 for each such prohibited act", and (2) by adding at the end the following new paragraph: "(5) The provisions of section 1128A (other than subsections (a) and (b)) shall apply to civil money penalties under paragraphs (1), (2), (3)(A), and (4)(A) in the same manner as such provisions apply to penalties and proceedings under section 1128A(a).". (c) EFFECTIVE DATE.—The amendments made by this section shall 42 USC 1320b-10 take effect on the date of the enactment of this Act and shall apply note. only with respect to violations occurring on or after such date. SEC. 429. DEMONSTRATION PROJECTS WITH RESPECT TO CHRONIC VENTILATOR-DEPENDENT UNITS IN HOSPITALS.

(a) IN GENERAL.—The Secretary of Health and Human Services shall provide for up to 5 demonstration projects, for up to 3 years each, to review the appropriateness of classifying chronic ventilatordependent units in hospitals as rehabilitation units. Such projects shall be conducted in consultation with the Prospective Pajment Assessment Commission. (b) WAIVER AUTHORITY.—In conducting demonstration projects under this section for units, the Secretary may treat such a unit as a rehabilitation unit described in section 1886(d)(l)(B) of the Social Security Act for purposes of such section. Approved July 1, 1988.

LEGISLATIVE HISTORY—H.R. 2470 (S. 1127): HOUSE REPORTS: No. 100-105, Pt. 1 (Comm. on Ways and Means) and Pt. 2 (Comm. on Energy and Commerce), and No. 100-661 (Comm. of Conference). SENATE REPORTS: No. 100-126 accompanying S. 1127 (Comm. on Finance). CONGRESSIONAL RECORD: Vol. 133 (1987): July 22, considered and passed House. Oct. 9, 13, 23, S. 1127 considered in Senate. Oct. 27, H.R. 2470 considered and passed Senate, £unended, in lieu of S. 1127. Vol. 134 (1988): June 2, House agreed to conference report. June 8, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): July 1, Presidential remarks.

42 USC 1395b-l note.

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