Page:United States Statutes at Large Volume 91.djvu/1227

 PUBLIC LAW 95-142—OCT. 25, 1977 shall suspend such physician or practitioner from participation in the program under this title for such period as he may deem appropriate; and no payment may be made under this title with respect to any item or service furnished by such physician or practitioner during the period of such suspension. The provisions of paragraphs (2) and (3) of subsection (d) shall apply with respect to determinations made by the Secretary under this subsection. " (2) In any case where the Secretary under paragraph (1) suspends any physician or other individual practitioner from participation in the program under this title, he shall— "(A) promptly notify each single State agency which administers or supervises the administration of a State plan approved under title X IX of the fact, circumstances, and period of such suspension; and "(B) promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification of such physician or practitioner of the fact and circumstances of such suspension, request that appropriate investigations be made and sanctions invoked in accordance with applicable State law and policy, and request that such State or local agency or authority keep the Secretary and the Inspector General of the Department of Health, Education, and Welfare fully and currently informed with respect to any actions taken in response to such request.". (b) Section 1902(a) of such Act (as amended by section 2(b) and 3 (c) of this Act) is amended— (1) by striking out "and" at the end of paragraph (37); (2) by striking out the period at the end of paragraph (38) and inserting in lieu thereof "; and"; and (3) by inserting after paragraph (38) the following new paragraph: "(39) provide that, subject to subsection (g), whenever the single State agency which administers or supervises the administration of the State plan is notified by the Secretary under section 1862(e)(2)(A) that a physician or other individual practitioner has been suspended from participation in the program under title X VIII, the agency shall promptly suspend such physician or practitioner from participation in the plan for not less than the period specified in such notice, and no payment may be made under the plan with respect to any item or service furnished by such physician or practitioner during the period of the suspension under this title.". (c) Section 1902 of such Act is amended by adding after subsection (f) the following new subsection: "(g) The Secretary may waive suspension under subsection (a) (39) of a physician's or practitioner's participation in a State plan approved under this title and of the prohibition under such subsection of payment for any item or service furnished by him during the period of such suspension, if the single State agency which administers or supervises the administration of the plan submits a request to the Secretary for such waiver and if the Secretary approves such request.". (d) Section 332(c) of the Public Health Service Act (relating to considerations in.the designation of health manpower shortage areas) is amended by inserting after paragraph (2) the following new paragraph:

91 STAT. 1193

Notification of State or local agencies.

42 USC 1396.

Ante, pp. 1176, 1178.

Ante, p. 1192. 42 USC 1395.

Suspension, waiver. Supra.

42 USC 254e,

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