Page:United States Statutes at Large Volume 114 Part 3.djvu/1052

 114 STAT. 2074 PUBLIC LAW 106-472—NOV. 9, 2000 "(i) IN GENERAL. —Except as provided in clause (ii), an institution"; and (B) by adding at the end the following: "(ii) EXCEPTION FOR FALSE OR FRAUDULENT CLAIMS. — "(I) IN GENERAL.—I f a State agency determines that an institution has knowingly submitted a false or fraudulent claim for reimbursement, the State agency may suspend the participation of the institution in the program in accordance with this clause. " (II) REQUIREMENT FOR REVIEW.— Prior to any determination to suspend participation of an institution under subclause (I), the State agency shall provide for an independent review of the proposed suspension in accordance with subclause (III). "(Ill) REVIEW PROCEDURE.—The review shall— "(aa) be conducted by an independent and impartial official other than, and not accountable to, any person involved in the determination to suspend the institution; "(bb) provide the State agency and the institution the right to submit written documentation relating to the suspension, including State agency documentation of the alleged false or fraudulent claim for reimbursement and the response of the institution to the documentation; "(cc) require the reviewing official to determine, based on the review, whether the State agency has established, based on a preponderance of the evidence, that the institution has knowingly submitted a false or fraudulent claim for reimbursement; Deadline. "(dd) require the suspension to be in effect for not more than 120 calendar days after the institution has received notification of a determination of suspension in accordance with this clause; and "(ee) require the State agency during the suspension to ensure that payments continue to be made to sponsored centers and family and group day care homes meeting the requirements of the program. "(IV) HEARING.— A State agency shall provide an institution that has been suspended from participation in the program under this clause an opportunity for a fair hearing on the suspension conducted in accordance with subsection (e)(1).". (3) STATEWIDE DEMONSTRATION PROJECTS INVOLVING PRI- VATE FOR-PROFIT ORGANIZATIONS PROVIDING NONRESIDENTIAL DAY CARE SERVICES.— Section 17(p)(3)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(p)(3)(C)) is amended— (A) in clause (iii), by striking "all families" and inserting "all low-income families"; and

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