Page:United States Statutes at Large Volume 104 Part 2.djvu/532

 104 STAT. 1388-124 PUBLIC LAW 101-508 —NOV. 5, 1990 42 USC 1395bbb note. 42 USC 1395hh note. 42 USC 1395nn. 42 USC 1395dd. 1891(a)(3)(D)(iii) of the Social Security Act (42 U.S.C. 1395bbb(a)(3)(D)(iii)) is amended by striking "which has been determined" and all that follows and inserting the following: "which, within the previous 2 years— "(I) has been determined to be out of compliance with subparagraph (A), (B), or (C); "(II) has been subject to an extended (or partial extended) survey under subsection (c)(2)(D); "(III) has been assessed a civil money penalty described in subsection (f)(2)(A)(i) of not less than $5,000; or "(IV) has been subject to the remedies described in subsection (e)(1) or in clauses (ii) or (iii) of subsection (f)(2)(A). ". (2) EFFECTIVE DATE. —The amendments made by paragraph (1) shall take effect as if included in the enactment of the Omnibus Budget Reconciliation Act of 1987, except that the Secretary may not permit approval of a training and competency evaluation program or a competency evaluation program offered by or in a home health agency which, pursuant to any Federal or State law within the 2-year period beginning on October 1, 1988— (i) had its participation terminated under title XVIII of the Social Security Act; (ii) was assessed a civil money penalty not less than $5,000 for deficiencies in applicable quality standards . for home health agencies; (iii) was subject to suspension by the Secretary of all or part of the payments to which it would otherwise be entitled under such title. ^^ (iv) operated under a temporary management appointed to oversee the operation of the agency and to ensure the health and safety of the agency's patients; or (v) pursuant to State action, was closed or had its residents transferred, (j) USE OF INTERIM FINAL REGULATIONS. —The Secretary of Health and Human Services shall issue such regulations (on an interim or other basis) as may be necessary to implement this title and the amendments made by this title, (k) MISCELLANEOUS TECHNICAL CORRECTIONS. — (1) The third sentence of subsections (a) and (b)(1) of section 1882 of the Social Security Act (42 U.S.C. 1395ss), as amended by section 203(a)(1)(A) of the Medicare Catastrophic Coverage Repeal Act, is amended by striking "(k)(4),". (2) Section 1877(g)(5) of the Social Security Act, as added by section 6204(a) of OBRA-1989, is amended by adding at the end the following new sentence: "The provisions of section 1128A (other than the first sentence of subsection (a) and other than subsection (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).". (3) Subsection (i) of section 1867 of the Social Security Act, as added by section 6211(f) of the Omnibus Budget Reconciliation Act of 1989, is amended to read as follows: "(i) WHISTLEBLOWER PROTECTIONS. —A participating hospital may not penalize or take adverse action against a qualified medical person described in subsection (c)(l)(A)(iii) or a physician because the
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