Page:United States Statutes at Large Volume 91.djvu/1228

 91 STAT. 1194

42 USC 1395, 1396. Effective dates. 42 USC 254e note. 42 USC 1396a note. )

Ante, p. 1192.

PUBLIC LAW 95-142—OCT. 25, 1977 "(3) The extent to which individuals who are (A) residents of the area, members of the population group, or patients in the medical facility or other public facility under consideration for designation, and (B) entitled to have payment made for medical services under title X VIII or X IX of the Social Security Act, cannot obtain such services because of suspension of physicians from the programs under such titles.". (e)(1) The amendment made by subsection (d) shall apply with respect to determinations and designations made on and after the date of the enactment of this Act. (2) The amendment made by subsection (b) shall become effective on January 1, 1978. DISCLOSURE BY PROVIDERS OF OWNERS AND CERTAIN OTHER INDIVIDUALS CONVICTED OF CERTAIN OFFENSES

SEC 8. (a) Part A of title X I of the Social Security Act is amended by inserting after section 1125 (added by section 6 of this Act) the following new section: " D I S C L O S U R E BY INSTITUTIONS, ORGANIZATIONS, AND AGENCIES OF OWNERS AND CERTAIN OTHER INDIVIDUALS W H O HAVE BEEN CONVICTED OF CERTAIN OFFENSES

42 USC 1320a-5. 42 USC 1395, 1396, 1397.

"Managing' employee.

42 USC 1395cc.

"SEC. 1126. (a) As a condition of participation in or certification or recertification under the programs established by titles X VIII, X IX, and X X, any hospital, nursing facility, or other institution, organization, or agency shall be required to disclose to the Secretary or to the appropriate State agency the name of any person who— "(1) has a direct or indirect ownership or control interest of 5 percent or more in such institution, organization, or agency or is an officer, director, agent, or managing employee (as defined in subsection (b)) of such institution, organization, or agency, and "(2) has been convicted (on or after the date of the enactment of this section, or within such period prior to that date as the Secretary shall specify in regulations) of a criminal offense related to the involvement of such person in any of such programs. The Secretary or the appropriate State agency shall promptly notify the Inspector General in the Department of Health, Education, and Welfare of the receipt from any institution, organization, or agency of any application or request for such participation, certification, or recertification which discloses the name of any such person, and shall notify the Inspector General of the action taken with respect to such application or request. (b) For the purposes of this section, the term 'managing employee' means, with respect to an institution, organization, or agency, an individual, including a general manager, business manager, administrator, and director, who exercises operational or managerial control over the institution, organization, or agency, or who directly or indirectly conducts the day-to-day operations of the institution, organization, or agency.". (b)(1) Section 1866(a) of such Act is amended by adding at the end thereof the following new paragraph: "(3) The Secretary may refuse to enter into or renew an agreement under this section with a provider of services if any person who has a direct or indirect ownership or control interest of 5 percent or more in

�