Page:United States Statutes at Large Volume 91.djvu/1226

 91 STAT. 1192 42 USC 1320C-4.

PUBLIC LAW 95-142—OCT. 25, 1977 (p) Section 1155(a)(5) of such Act is amended by striking out all that follows "Professional Standards Eeview Organization" and inserting in lieu thereof a period. ISSUANCE OF SUBPENAS BY COMPTROLLER GENERAL

Ante, p. 1177.

SEC. 6. Part A of title X I of the Social Security Act is amended by inserting after section 1124 (added by section 3(a) of this Act) the following new section: ISSUANCE OF SUBPENAS BY COMPTROLLER GENERAL

42 USC 1320a-4.

Noncompliance, penalty. Representation.

5 USC 101 et seq.

5 USC 5101, 5331, 5361. Personal medical records, nondisclosure.

"SEC. 1125. (a) For the purpose of any audit, investigation, examination, analysis, review, evaluation, or other function authorized by law with respect to any program authorized under this Act, the Comptroller General of the United States shall have powder to sign and issue subpenas to any person requiring the production of any pertinent books, records, documents, or other information. Subpenas so issued by the Comptroller General shall be served by anyone authorized by him (1) by delivering a copy thereof to the person named therein, or (2) by registered mail or by certified mail addressed to such person at his last dwelling place or principal place of business. A verified return by the person so serving the subpena setting forth the manner of service, or, in the case of service by registered mail or by certified mail, the return post office receipt therefor signed by the person so served, shall be proof of service. "(b) In case of contumacy by, or refusal to obey a subpena issued pursuant to subsection (a) of this section and duly served upon, any person, any district court of the United States for the judicial district in which such person charged with contumacy or refusal to obey is found or resides or transacts business, upon application by the Comptroller General, shall have jurisdiction to issue an order requiring such person to produce the books, records, documents, or other information sought by the subpena; and any failure to obey such order of the court may be punished by the court as a contempt thereof. In proceedings brought under this subsection, the Comptroller General shall be represented by attorneys employed in the General Accounting Office or by counsel whom he may employ without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapters III and VI of chapter 53 of such title, relating to classification and General Schedule pay rates. "(c) No personal medical record in the possession of the General Accounting Office shall be subject to subpena or discovery proceedings in a civil action.". SUSPENSION OP PRACTITIONERS CONVICTED OP MEDICARE- OR MEDICAIDRELATED CRIMES

42 USC 1395y.

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42 USC 1396.

SEC. 7. (a) Section 1862 of the Social Security Act is amended by adding at the end thereof the following new subsection: "(e)(1) Whenever the Secretary determines that a physician or other individual practitioner has been convicted (on or after the date of the enactment of this subsection, or within such period prior to that date as the Secretary shall specify in regulations) of a criminal offense related to such physician's or practitioner's involvement in the programs under this title or the program under title X IX, the Secretary

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