Page:United States Statutes at Large Volume 113 Part 3.djvu/321

 PUBLIC LAW 106-169—DEC. 14, 1999 113 STAT. 1839 determinations under section 1129A of the Social Security Act (including when the applicable period in subsection (c) of such section shall commence), and shall provide guidance on the exercise of discretion as to whether the penalty should be imposed in particular cases. (e) EFFECTIVE DATE.— The amendments made by this section shall apply to statements and representations made on or after the date of the enactment of this Act. SEC. 208. EXCLUSION OF REPRESENTATIVES AND HEALTH CARE PROVIDERS CONVICTED OF VIOLATIONS FROM PARTICI- PATION IN SOCIAL SECURITY PROGRAMS. (a) IN GENERAL. — Part A of title XI of the Social Security Act is amended by inserting before section 1137 (42 U.S.C. 1320b- 7) the following: "E XCLUSION OF REPRESENTATIVES AND HEALTH CARE PROVIDERS CONVICTED OF VIOLATIONS FROM PARTICIPATION IN SOCIAL SECU- RITY PROGRAMS "SEC. 1136. (a) IN GENERAL.— The Commissioner of Social Security shall exclude from participation in the social security programs any representative or health care provider— "(1) who is convicted of a violation of section 208 or 1632 of this Act; "(2) who is convicted of any violation under title 18, United States Code, relating to an initial application for or continuing entitlement to, or amount of, benefits under title II of this Act, or an initial application for or continuing eligibility for, or amount of, benefits under title XVI of this Act; or "(3) who the Commissioner determines has committed an offense described in section 1129(a)(1) of this Act. " (b) NOTICE, EFFECTIVE DATE, AND PERIOD OF EXCLUSION. — (1) An exclusion under this section shall be effective at such time, for such period, and upon such reasonable notice to the public and to the individual excluded as may be specified in regulations consistent with paragraph (2). "(2) Such an exclusion shall be effective with respect to services furnished to any individual on or after the effective date of the exclusion. Nothing in this section may be construed to preclude, in determining disability under title II or title XVI, consideration of any medical evidence derived from services provided by a health care provider before the effective date of the exclusion of the health care provider under this section. "(3)(A) The Commissioner shall specify, in the notice of exclusion under paragraph (1), the period of the exclusion. "(B) Subject to subparagraph (C), in the case of an exclusion under subsection (a), the minimum period of exclusion shall be 5 years, except that the Commissioner may waive the exclusion in the case of an individual who is the sole source of essential services in a community. The Commissioner's decision whether to waive the exclusion shall not be reviewable. "(C) In the case of an exclusion of an individual under subsection (a) based on a conviction or a determination described in subsection (a)(3) occurring on or after the date of the enactment of this section, if the individual has (before, on, or after such date of the enactment) been convicted, or if such a determination has been made with respect to the individual— Applicability. 42 USC 402 note. 42 USC 1320b-6. 69-194-01- 11:QL3Part3

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