Page:United States Statutes at Large Volume 106 Part 4.djvu/314

 106 STAT. 3050 PUBLIC LAW 102-486—OCT. 24, 1992 "(5) PAYMENT PENDING REViEW.An assigned operator shall §ay the premiums under section 9704 pending review by the ecretary of Health and Human Services or by a court under this subsection. "(6) PRIVATE ACTIONS. — Nothing in this section shall preclude the right of any person to bring a separate civil action against another person for responsibility for assigned premiimis, notwithstanding any prior decision by the Secretary. "(g) CONFIDENTIALITY OF INFORMATION.— Any person to which information is provided by the Secretary of Health and Human Services under this section shall not disclose such information except in any proceedings related to this section. Any civil or criminal penalty which is applicable to an unauthorized disclosure xmder section 6103 shall apply to any unauthorized disclosure under this section. "PART III—ENFORCEMENT "Sec. 9707. Failure to pay premium. "SEC. 9707. FAILURE TO PAY PREMIUM. "(a) GENERAL RULE.— There is hereby imposed a penalty on the failure of any assigned operator to pay any premium required to be paid under section 9704 with respect to any eligible beneficiary. "(b) AMOUNT OF PENALTY. —The amount of the penalty imposed by subsection (a) on any failure with respect to any eligible beneficiary shall be $100 per day in the noncompliance period with respect to any such failure. "(c) NONCOMPLIANCE PERIOD. —For purposes of this section, the term 'noncompliance period' means, with respect to any failure to pay any premium or installment thereof, the period— "(1) beginning on the due date for such premium or installment, and "(2) ending on the date of payment of such premium or installment. " (d) LIMITATIONS ON AMOUNT OF PENALTY. — "(1) IN GENERAL. —No penalty shall be imposed by subsection (a) on any failure during any period for which it is established to the satisfaction of the Secretary of the Treasury that none of the persons responsible for such failure knew, or exercising reasonable diligence, would have known, that such failure existed. "(2) CORRECTIONS. —No penalty shall be imposed by subsection (a) on any failure if— "(A) such failure was due to reasonable cause and not to willful neglect, and "(B) such failure is corrected during the 30-day period < beginning on the 1st date that any of the persons responsible for such failure knew, or exercising reasonable diligence would have known, that such failure existed. "(3) WAIVER. —In the case of a failure that is due to reasonable cause and not to willful neglect, the Secretary of the Treasury may waive all or part of the penalty imposed by subsection (a) for failures to the extent that the Secretary determines, in his sole discretion, that the payment of such penalty would be excessive relative to the failure involved.

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