Page:United States Statutes at Large Volume 106 Part 4.djvu/821

 PUBLIC LAW 102-539—OCT. 27, 1992 106 STAT. 3557 failure to adduce such evidence in the proceeding before the Secretary, the court may order the additional evidence (and evidence in rebuttal of the additional evidence) to be taken before the Secretary, and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may determine to be proper. The Secretary may modify the findings of the Secretary as to the facts, or make new findings, by reason of the additional evidence so taken, and the Secretary shall file the modified or new findings, and the recommendations of the Secretary, if any, for the modification or setting aside of the original action of the Secretary with the return of the additional evidence. referred to in paragraph (1), the court shall have jurisdiction to affirm the action, or to set the action aside in whole or in part, temporarily or permanently. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive. "(4) FINALITY OF JUDGMENT. —The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28, United States Code. "(1) INFORMATION. — "(1) IN GENERAL. —Not later than October 1, 1996, and annually thereafter, the Secretary shall compile and make available to physicians and the general public information that the Secretary determines is useful in evaluating the performance of facilities, including a list of facilities— "(A) that have been convicted under Federal or State laws relating to fraud and abuse, false billings, or kickbacks; "(B) that have been subject to sanctions under subsection (h), together with a statement of the reasons for the sanctions; "(C) that have had certificates revoked or suspended under subsection (i), together with a statement of the reasons for the revocation or suspension; "(D) against which the Secretary has taken action under subsection (j), together with a statement of the reasons for the action; "(E) whose accreditation has been revoked, together with a statement of the reasons of the revocation; "(F) against which a State has taken adverse action; and "(G) that meets such other measures of performance as the Secretary may develop. "(2) DATE. —The information to be compiled under paragraph (1) shall be information for the calendar year preceding the date the information is to be made available to the public. "(3) EXPLANATORY INFORMATION. —The information to be compiled under paragraph (1) shall be accompanied by such explanatory information as may be appropriate to assist in the interpretation of the information compiled under such paragraph. "(m) STATE LAWS.— Nothing in this section shall be construed to limit the authority of any State to enact and enforce laws relating
 * (3) JUDGMENT OF COURT. — Upon the filing of the petition

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