Page:United States Statutes at Large Volume 113 Part 3.djvu/319

 PUBLIC LAW 106-169—DEC. 14, 1999 113 STAT. 1837 "(I) the individual who disposed of the resources intended to dispose of the resources either at fair market value, or for other valuable consideration; "(II) the resources were transferred exclusively for a purpose other than to qualify for benefits under this title; or "(III) all resources transferred for less than fair market v£due have been retiu*ned to the transferor; or "(iv) the Commissioner determines, under procedures established by the Commissioner, that the denial of eligibility would work an undue hardship as determined on the basis of criteria established by the Commissioner. "(D) For purposes of this subsection, in the case of a resource held by an individual in common with another person or persons in a joint tenancy, tenancy in common, or similar arreingement, the res6iu"ce (or the affected portion of such resource) shall be considered to be disposed of by the individual when any action is taken, either by the individual or by any other person, that reduces or eliminates the individugJ's ownership or control of such resource. "(E) In the case of a transfer by the spouse of an individual that results in a period of ineligibility for the individual under this subsection, the Commissioner shall apportion the period (or emy portion of the period) among the individual and the individual's spouse if the spouse becomes eligible for benefits under this title. "(F) For purposes of this paragraph— "(i) the term ^benefits under this title' includes pa5anents of the type described in section 1616(a) of this Act and of the type described in section 212(b) of Public Law 93-66; "(ii) the term 'institutionalized individual' has the meaning given such term in section 1917(e)(3); and "(iii) the term 'trust' has the meaning given such term in subsection (e)(6)(A) of this section.". (b) CONFORMING AMENDMENT.— Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), as amended by section 205(c) of this Act, is amended by striking "section 1613(e)" and inserting "subsections (c) and (e) of section 1613". (c) EFFECTIVE DATE. —The amendments made by this section 42 USC 1382b shall be effective with respect to disposals made on or after the ^ote. date of the enactment of this Act. SEC. 207. ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES FOR FALSE OR MISLEADING STATEMENTS. (a) IN GENERAL. — Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1129 the following: «SEC. 1129A. ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES 42 USC FOR FALSE OR MISLEADING STATEMENTS. 1320a-8a "(a) IN GENERAL.— Any person who msikes, or causes to be made, a statement or representation of a material fact for use in determining any initial or continuing right to or the amoiuit of— "(1) monthly insurance benefits under title II; or "(2) benefits or payments under title XVI, that the person knows or should know is false or misleading or knows or should know omits a materied fact or who makes such a statement with knowing disregard for the truth shall be subject

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