Page:United States Statutes at Large Volume 91.djvu/1215

 PUBLIC LAW 95-142—OCT. 25, 1977

91 STAT. 1181

"(3) Paragraphs (1) and (2) shall not apply to— "(A) a discount or other reduction in price obtained by a provider of services or other entity under this title if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under this title; and "(B) any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services. "(c) Whoever knowingly and willfully makes or causes to be made, Health care or induces or seeks to induce the making of, any false statement or facilities, representation of a material fact with respect to the conditions or condition or operation of any institution or facility in order that such institution operation, misrepreor facility may qualify (either upon initial certification or upon recerti- sentation. fication) as a hospital, skilled nursing facility, or home health agency (as those terms are defined in section 1861), shall be guilty of a felony and upon conviction thereof shall be fined not more than $25,000 or imprisoned for not more than five years, or both. "(d) Whoever accepts assignments described in section 1842(b)(3) (B) (ii) and knowingly, willfully, and repeatedly violates the term of such assignments specified in subclause (I) of such section, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $2,000 or imprisoned for not more than six months, or both.". (b) Section 1909 of such Act is amended to read as follows: 42 USC 1396h, PENALTIES

"SEC. 1909. (a) Whoever— "(1) knowingly and willfully makes or causes to be made a n j Misreprefalse statement or representation of a material fact in any appli- sentation of cation for any benefit or payment under a State plan approved material facts. 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 Fraudulently (A) his initial or continued right to any such benefit or payment, secured benefits). 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 Benefits, misuse 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 (i) in the case of such a statement, representation, concealment, failure, or conversion by any person in connection with the furnishing (by that person) of items or services for which payment is or may be made under this title, be guilty of a felony and upon conviction thereof fined not more than $25,000 or imprisoned for not more than five years or both, or (ii) in the case of such a statement, representation, concealment, failure, or conversion by any other person, be guilty of a misdemeanor and upon conviction thereof fined not more than $10,000

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