Page:United States Statutes at Large Volume 86.djvu/1462

 1420

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

((P E N A L T I E S "SEC. 1909. (a) Whoever— "(1) knowingly and willfully makes or causes to be made any false statement or representation of a material fact in any application for any benefit or payment under a State plan approved under this title, "(2) at any time knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining rights to such benefit or payment, "(3) having knowledge of the occurrence of any event affecting (A) his initial or continued right to any such benefit or payment, or (B) the initial or continued right to any such benefit or payment of any other individual in whose behalf he has applied for or is receiving such benefit or payment, conceals or fails to disclose such event with an intent fraudulently to secure such benefit or payment either in a greater amount or quantity than is due or when no such benefit or payment is authorized, or "(4) having made application to receive any such benefit or payment for the use and benefit of another and having received it, knowingly and willfully converts such benefit or payment or any part thereof to a use other than for the use and benefit of such other person, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $10,000 or imprisoned for not more than one year, or both. "(b) Whoever furnishes items or services to an individual for which, payment is or may be made in whole or in part out of Federal funds under a State plan approved under this title and who solicits, offers, or receives any— "(1) kickback or bribe in connection with the furnishing of such items or services or the making or receipt of such payment, or "(2) rebate of any fee or charge for referring any such individual to another person for the furnishing of such items or services shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $10,000 or imprisoned for not more than one year, or both. "(c) Whoever knowingly and willfully makes or causes to be made,, or induces or seeks to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of any institution or facility in order that such institution or facility may qualify (either upon initial certification or upon recertification) as a hospital, skilled nursing home, intermediate care facility, or home health agency (as those terms are employed in this title) shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $2,000 or imprisoned for not more than 6 months, or both." (d) The provisions of amendments made by this section shall not be applicable to any acts, statements, or representations made or committed prior to the enactment of this Act. PROVIDEK REIMBURSEMENT REVIEW BOARD

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SEC. 243. (a) Title X VIII of the Social Security Act is amended by adding at the end thereof (after the new sections added by section Ante. p. 1419. 226(a) and section 242(b) of this Act) the following new section:

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