Page:United States Statutes at Large Volume 111 Part 1.djvu/407

 -«~--S.'V PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 383 (1) in subsection (b)(8)(A)— (A) in clause (i), by striking "or" at the end; (B) in clause (ii), by striking the dash at the end and inserting "; or"; and (C) by inserting after clause (ii) the following: "(iii) who was described in clause (i) but is no longer so described because of a transfer of ownership or control interest, in anticipation of (or following) a conviction, assessment, or exclusion described in subparagraph (B) against the person, to an immediate family member (as defined in subsection (j)(l)) or a member of the household of the person (as defined in subsection (j)(2)) who continues to maintain an interest described in such clause—"; and (2) by adding at the end the following new subsection: "( j) DEFINITION OF IMMEDIATE FAMILY MEMBER AND MEMBER OF HOUSEHOLD.— For purposes of subsection (b)(8)(A)(iii): "(1) The term 'immediate family memljer' means, with respect to a person— "(A) the husband or wife of the person; "(B) the natural or adoptive parent, child, or sibling of the person; "(C) the stepparent, stepchild, stepbrother, or stepsister of the person; "(D) the father-, mother-, daughter-, son-, brother-, or sister-in-law of the person; "(E) the grandparent or grandchild of the person; and "(F) the spouse of a grandparent or grandchild of the person. "(2) The term 'member of the household' means, with respect to any person, any individual sharing a common abode as part of a single family unit with the person, including domestic employees and others who live together as a family unit, but not including a roomer or boarder.". (b) EFFECTIVE DATE.—The amendments made by this section 42 USC l320a-7 shall take effect on the date that is 45 days after the date of note. the enactment of this Act. SEC. 4304. IMPOSITION OF CIVIL MONEY PENALTIES. (a) CIVIL MONEY PENALTIES FOR PERSONS THAT CONTRACT WITH EXCLUDED INDIVIDUALS.— Section 1128A(a) (42 U.S.C. 1320a-7a(a)) is amended— (1) in paragraph (4), by striking "or" at the end; (2) in paragraph (5), by adding "or" at the end; and (3) by inserting after paragraph (5) the following new paragraph: "(6) arranges or contracts (by employment or otherwise) with an individual or entity that the person knows or should know is excluded from participation in a Federal health care program (as defined in section 1128B(f)), for the provision of items or services for which payment may be made under such a program;". (b) CIVIL MONEY PENALTIES FOR KICKBACKS.— (1) PERMITTING SECRETARY TO IMPOSE CIVIL MONEY PEN- ALTY.— Section 1128A(a) (42 U.S.C. 1320a-7a(a)), as amended by subsection (a), is amended— (A) in paragraph (5), by striking "or" at the end; (B) in paragraph (6), by adding "or" at the end; and

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