Page:United States Statutes at Large Volume 102 Part 4.djvu/870

 102 STAT. 3840

State and local governments.

Records.

PUBLIC LAW 100-654—NOV. 14, 1988

"(I) there is no basis under subsection Ob) or (c) for continuing the debarment; and "(II) there are reasonable assurances that the types of actions which formed the basis for the original debarment have not recurred and will not recur; or "(ii) notwithstanding any provision of subparagraph (A), terminate the debarment of a provider, pursuant to an application filed by such provider before the end of the minimum debarment period, if the Office determines that— "(I) based on the conduct of the applicant, the requirements of subclauses (I) and (II) of clause (i) have been met; and "(II) early termination under this clause is warranted based on the fact that the provider is the sole community provider or the sole source of essential specialized services in a community, or other similar circumstances. "(5) The Office shall— "(A) promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification of a provider barred from participation in the program under this chapter of the fact of the debarment, as well as the reasons for such debarment; "(B) request that appropriate investigations be made and sanctions invoked in accordance with applicable law and policy; and "(C) request that the State or local agency or authority keep the Office fully and currently informed with respect to any actions taken in response to the request. "(6) The Office shall, upon written request and payment of a reasonable charge to defray the cost of complying with such request, furnish a current list of any providers barred from participating in the program under this chapter, including the minimum period of time remaining under the terms of each provider's debarment. "(g)(1) The Office may not make a determination under subsection (b) or (c) adverse to a provider of health care services or supplies until such provider has been given written notice and an opportunity for a hearing on the record. A provider is entitled to be represented by counsel, to present witnesses, and to cross-examine witnesses against the provider in any such hearing. "(2) Notwithstanding section 8912, any person adversely affected by a fined decision under paragraph (1) may obtain review of such decision in the United States (Dourt of Appeals for the Federal Circuit. A written petition requesting that the decision be modified or set aside must be filed within 60 days after the date on which such person is notified of such decision. "(3) Matters that were raised or that could have been raised in a hearing under paragraph (1) or an appeal under paragraph (2) may not be raised as a defense to a civil action by the United States to collect a penalty or assessment imposed under this section. "(h) A civil action to recover civil monetary penalties or assessments under subsection (c) shall be brought by the Attorney General in the name of the United States, and may be brought in the United States district court for the district where the claim involved was presented or where the person subject to the penalty resides. Amounts recovered under this section shall be paid to the Office for deposit into the Employees Health Benefits Fund.

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