Page:United States Statutes at Large Volume 110 Part 3.djvu/278

 110 STAT. 2008 PUBLIC LAW 104-191—AUG. 21, 1996 Federal Register, publication. 42 USC 1320a- 7b note. (3) TARGET DATE FOR PUBLICATION OF RULE.^AS part of the notice under paragraph (2), and for purposes of this subsection, the "target date for publication" (referred to in section 564(a)(5) of such title) shall be January 1, 1997. (4) ABBREVIATED PERIOD FOR SUBMISSION OF COMMENTS.— In applying section 564(c) of such title under this subsection, "15 days" shall be substituted for "30 days". (5) APPOINTMENT OF NEGOTIATED RULEMAKING COMMITTEE AND FACILITATOR. —The Secretary shall provide for— (A) the appointment of a negotiated rulemaking committee under section 565(a) of such title by not later than 30 days after the end of the comment period provided for under section 564(c) of such title (as shortened under paragraph (4)), and (B) the nomination of a facilitator under section 566(c) of such title by not later than 10 days after the date of appointment of the committee. (6) PRELIMINARY COMMITTEE REPORT. —The negotiated rulemaking committee appointed under paragraph (5) shall report to the Secretary, by not later than October 1, 1996, regarding the committee's progress on achieving a consensus with regard to the rulemaking proceeding and whether such consensus is likely to occur before one month before the target date for publication of the rule. If the committee reports that the committee has failed to make significant progress toward such consensus or is luilikely to reach such consensus by the target date, the Secretary may terminate such process and provide for the publication of a rule under this subsection through such other methods as the Secretary may provide. (7) FINAL COMMITTEE REPORT.—I f the committee is not terminated under paragraph (6), the rulemaking committee shall submit a report containing a proposed rule by not later than one month before the target publication date. (8) INTERIM, FINAL EFFECT. — The Secretary shall publish a rule under this subsection in the Federal Register by not later than the target publication date. Such rule shall be effective and final immediately on an interim basis, but is subject to change and revision after public notice and opportunity for a period (of not less than 60 days) for public comment. In connection with such rule, the Secretary shall specify the process for the timely review and approval of applications of entities to be certified as provider-sponsored organizations pursuant to such rules and consistent with this subsection. (9) PUBLICATION OF RULE AFTER PUBLIC COMMENT.—The Secretary shall provide for consideration of such comments and republication of such rule by not later than 1 year after the target publication date. (c) EFFECTIVE DATE. —The amendments made by subsection (a) shall apply to written agreements entered into on or after January 1, 1997, without regard to whether regulations have been issued to implement such amendments. SEC. 217. CRIMINAL PENALTY FOR FRAUDULENT DISPOSITION OF ASSETS IN ORDER TO OBTAIN MEDICAID BENEFITS. Section 1128B(a) (42 U.S.C. 1320a-7b(a)) is amended— (1) by striking "or" at the end of paragraph (4); (2) by adding "or" at the end of paragraph (5); and

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