Page:United States Statutes at Large Volume 111 Part 1.djvu/406

 Ill STAT. 382 PUBLIC LAW 105-33 —AUG. 5, 1997 Subtitle D—Anti-Fraud and Abuse Provisions and Improvements in Protecting Program Integrity CHAPTER 1—REVISIONS TO SANCTIONS FOR FRAUD AND ABUSE SEC. 4301. PERMANENT EXCLUSION FOR THOSE CONVICTED OF 3 HEALTH CARE RELATED CRIMES. Section 1128(c)(3) (42 U.S.C. 1320a-7(c)(3)) is amended— (1) in subparagraph (A), by inserting "or in the case described in subparagraph (G)" after "subsection (b)(12)"; (2) in subparagraphs (B) and (D), by striking "In the case" and inserting "Subject to subparagraph (G), in the case"; and (3) by adding at the end the following new subparagraph: "(G) In the case of an exclusion of an individual under subsection (a) based on a conviction occurring on or after the date of the enactment of this subparagraph, if the individual has (before, on, or after such date) been convicted— "(i) on one previous occasion of one or more offenses for which an exclusion may be effected under such subsection, the period of the exclusion shall be not less than 10 years, or "(ii) on 2 or more previous occasions of one or more offenses for which an exclusion may be effected under such subsection, the period of the exclusion shall be permanent.". SEC. 4302. AUTHORITY TO REFUSE TO ENTER INTO MEDICARE AGREE- MENTS WITH INDIVIDUALS OR ENTITIES CONVICTED OF FELONIES. (a) MEDICARE PART A. —Section 1866(b)(2) (42 U.S.C. 1395cc(b)(2)) is amended— (1) in subparagraph (B), by striking "or" at the end; (2) in subparagraph (C), by striking the period at the end and inserting ", or"; and (3) by adding at the end the following new subparagraph: "(D) has ascertained that the provider has been convicted of a felony under Federal or State law for an offense which the Secretary determines is detrimental to the best interests of the program or program beneficiaries.". (b) MEDICARE PART B. — Section 1842(h) (42 U.S.C. 1395u(h)) is amended by adding at the end the following new paragraph: "(8) The Secretary may refuse to enter into an agreement with a physician or supplier under this subsection, or may terminate or refuse to renew such agreement, in the event that such physician or supplier has been convicted of a felony under Federal or State law for an offense which the Secretary determines is detrimental to the best interests of the program or program, beneficiaries.". 42 USC I395u (c) EFFECTIVE DATE.— The amendments made by this section note. shall take effect on the date of the enactment of this Act and apply to the entry and renewal of contracts on or after such date. SEC. 4303. EXCLUSION OF ENTITY CONTROLLED BY FAMILY MEMBER OF A SANCTIONED INDIVIDUAL. (a) IN GENERAL.—Section 1128 (42 U.S.C. 1320a-7) is amended—

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