Page:United States Statutes at Large Volume 118.djvu/543

 118 STAT. 513 PUBLIC LAW 108–203—MAR. 2, 2004 ‘Death Benefits Update’, ‘Federal Benefit Information’, ‘Funeral Expenses’, or ‘Final Supplemental Plan’,’’ and by inserting ‘‘ ‘CMS’,’’ after ‘‘ ‘HCFA’,’’; (2) in subparagraph (B), by inserting ‘‘Centers for Medicare & Medicaid Services,’’ after ‘‘Health Care Financing Adminis tration,’’ each place it appears; and (3) in the matter following subparagraph (B), by striking ‘‘the Health Care Financing Administration,’’ each place it appears and inserting ‘‘the Centers for Medicare & Medicaid Services,’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to items sent after 180 days after the date of the enactment of this Act. SEC. 208. DISQUALIFICATION FROM PAYMENT DURING TRIAL WORK PERIOD UPON CONVICTION OF FRAUDULENT CONCEAL MENT OF WORK ACTIVITY. (a) IN GENERAL.—Section 222(c) of the Social Security Act (42 U.S.C. 422(c)) is amended by adding at the end the following: ‘‘(5) Upon conviction by a Federal court that an individual has fraudulently concealed work activity during a period of trial work from the Commissioner of Social Security by— ‘‘(A) providing false information to the Commissioner of Social Security as to whether the individual had earnings in or for a particular period, or as to the amount thereof; ‘‘(B) receiving disability insurance benefits under this title while engaging in work activity under another identity, including under another social security account number or a number purporting to be a social security account number; or ‘‘(C) taking other actions to conceal work activity with an intent fraudulently to secure payment in a greater amount than is due or when no payment is authorized, no benefit shall be payable to such individual under this title with respect to a period of disability for any month before such conviction during which the individual rendered services during the period of trial work with respect to which the fraudulently concealed work activity occurred, and amounts otherwise due under this title as restitution, penalties, assessments, fines, or other repay ments shall in all cases be in addition to any amounts for which such individual is liable as overpayments by reason of such conceal ment.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to work activity performed after the date of the enactment of this Act. SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF RESTITUTION. (a) AMENDMENTS TO TITLE II.—Section 208 of the Social Secu rity Act (42 U.S.C. 408) is amended— (1) by redesignating subsections (b), (c), and (d) as sub sections (c), (d), and (e), respectively; (2) by inserting after subsection (a) the following: ‘‘(b)(1) Any Federal court, when sentencing a defendant con victed of an offense under subsection (a), may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to the victims of such offense specified in paragraph (4). Applicability. 42 USC 422 note. Applicability. 42 USC 1320b–10 note.

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