Page:United States Statutes at Large Volume 110 Part 3.djvu/283

 PUBLIC LAW 104-191—AUG. 21, 1996 110 STAT. 2013 the Federal health care programs to which the claims were submitted. "(B) If the conditions specified in subparagraph (A) are fulfilled, the Inspector General of the department or agency initiating the action is authorized to exercise all powers granted under the Inspector General Act of 1978 (5 U.S.C. App.) with respect to the claims submitted to the other departments or agencies to the same manner and extent as provided in that Act with respect to claims submitted to such departments or agencies.". (b) EXCLUDED INDIVIDUAL RETAINING OWNERSHIP OR CONTROL INTEREST IN PARTICIPATING ENTITY.—Section 1128A(a) (42 U.S.C. 1320a-7a(a)) is amended— (1) by striking "or" at the end of paragraph (1)(D); (2) by striking ", or" at the end of paragraph (2) and inserting a semicolon; (3) by striking the semicolon at the end of paragraph (3) and inserting "; or; and (4) by inserting after paragraph (3) the following new paragraph: "(4) in the case of a person who is not an organization, agency, or other entity, is excluded from participating in a program under title XVIII or a State he^th care program in accordance with this subsection or under section 1128 and who, at the time of a violation of this subsection— "(A) retains a direct or indirect ownership or control interest in an entity that is participating in a program under title XVIII or a State health care program, and who knows or should know of the action constituting the basis for the exclusion; or "(B) is an officer or managing employee (as defined in section 1126(b)) of such an entity;". (c) MODIFICATIONS OF AMOUNTS OF PENALTIES AND ASSESS- MENTS.—Section 1128A(a) (42 U.S.C. 1320a-7a(a)), as amended by subsection (b), is amended in the matter following paragraph (4)- — (1) by striking "$2,000" and inserting "$10,000"; (2) by inserting "; in cases under paragraph (4), $10,000 for each day the prohibited relationship occurs" after "false or misleading information was given"; and (3) by striking "twice the amount" and inserting "3 times the amount". (d) CLARIFICATION OF LEVEL OF KNOWLEDGE REQUIRED FOR IMPOSITION OF CIVIL MONETARY PENALTIES.— (1) IN GENERAL.— Section 1128A(a) (42 U.S.C. 1320a-7a(a)) is amended— (A) in paragraphs (1) and (2), by inserting "knowingly^' before "presents" each place it appears; and (B) in paragraph (3), by striking "gives" and inserting "knowingly gives or causes to be given". (2) DEFINITION OF STANDARD. —Section 1128A(i) (42 U.S.C. 1320a-7a(i)), as amended by subsection (h)(2), is amended by adding at the end the following new paragraph: "(7) The term 'should know' means that a person, with respect to information— "(A) acts in deliberate ignorance of the truth or falsity of the information; or "(B) acts in reckless disregard of the truth or falsity of the information,

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