Page:United States Statutes at Large Volume 102 Part 4.djvu/867

 PUBLIC LAW 100-654—NOV. 14, 1988

Public Law 100-654 100th Congress

102 STAT. 3837

An Act

To amend the provisions of title 5, United States Code, relating to the health benefits program for Federal employees and certain other individuals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Federal Employees Health Benefits Amendments Act of 1988".

TITLE I—PROVISIONS RELATING TO HEALTH CARE PROVIDERS SEC. 101. AUTHORITY TO IMPOSE DEBARMENT AND OTHER SANCTIONS. (a) IN GENERAL.—Title 5, United States Code, is amended by inserting after section 8902 the following: "§ 8902a. Debarment and other sanctions "(a)(1) For the purpose of this section— "(A) the term 'provider of health care services or supplies* or 'provider' means a physician, hospital, or other individual or entity which furnishes health care services or supplies; "(B) the term 'individual covered under this chapter' or 'covered individual' means an employee, annuitant, family member, or former spouse covered by a health benefits plan described by section 8903 or 8903a; and "(C) an individual or entity shall be considered to have been 'convicted' of a criminal offense if— "(i) a judgment of conviction for such offense has been entered against the individual or entity by a Federal, State, or local court; "(ii) there has been a finding of guilt against the individual or entity by a Federal, State, or local court with respect to such offense; "(iii) a plea of guilty or nolo contendere by the individual or entity has been accepted by a Federal, State, or local court with respect to such offense; or "(iv) in the case of an individual, the individual has entered a first offender or other program pursuant to which a judgment of conviction for such offense has been withheld; without regard to the pendency or outcome of any appeal (other than a judgment of acquittal based on innocence) or request for relief on behalf of the individual or entity. "(2)(A) Notwithstanding section 8902(j) or any other provision of this chapter, if, under subsection (b) or (c), a provider is barred from participating in the program under this chapter, no payment may be

Nov. 14, 1988 [H.R. 5102] Federal Employees Health Benefits Amendments Act of 1988. 5 USC 8901 note.

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