Page:United States Statutes at Large Volume 94 Part 2.djvu/1341

 PUBLIC LAW 96-499—DEC. 5, 1980

94 STAT. 2619

the amount of the Federal payment to which the institution or person would otherwise be entitled under this section which shall be treated as a setoff against overpayments under title XVIII, and (2) assure the restoration to the institution or person of amounts withheld under this section which are ultimately determined to be in excess of overpayments under title XVIII and to which the institution or person would otherwise be entitled under this title. "(e) The Secretary shall restore to the trust funds established under sections 1817 and 1841, as appropriate, amounts recovered under this section as setoffs against overpayments under title XVIII. "(f) Notwithstanding any other provision of this title, an institution or person shall not be entitled to recover from any State any amount in payment for medical care and services under this title which is withheld by the State agency pursuant to an order by the Secretary under subsection (b).".

42 USC 1395.

42 USC 13951, 1395t.

Subpart II—Other Administrative Provisions QUAUTY ASSURANCE PROGRAMS FOR CLINICAL LABORATORIES

SEC. 911. Section 1123(a) of the Social Security Act is amended by 42 USC i320a-2. striking out "1977" and inserting in lieu thereof "1981". REQUIREMENTS CONCERNING REPORTING OF FINANCIAL INTEREST

SEC. 912. (a) Section 1124(a)(3)(A)(ii) of the Social Security Act is 42 USC i320a-3. amended to read as follows: "(ii) is the owner of a whole or part interest in any mortgage, deed of trust, note, or other obligation secured (in whole or in part) by the entity or any of the property or assets thereof, which whole or part interest is equal to or exceeds $25,000 or 5 per centum of the total property and assets of the entity; or", (b) Section 1902(a)(35) of such Act is amended to read as follows: 42 USC I396a. "(35) provide that any disclosing entity (as defined in section 1124(a)(2)) receiving payments under such plan complies with the 42 USC i320a-3. requirements of section 1124;". EXCLUSION OF HEALTH CARE PROFESSIONALS CONVICTED OF MEDICAREOR MEDICAID-RELATED CRIMES

SEC 913. (a) Part A of title XI of the Social Security Act is amended by inserting after section 1127 the following new section: EXCLUSION OF CERTAIN INDIVIDUALS CONVICTED OF MEDICARE- OR MEDICAID-RELATED CRIMES

"SEC. 1128. (a) Whenever the Secretary determines that a physician 42 USC 1320a-7. or other individual has been convicted (on or after October 25, 1977, or within such period prior to that date as the Secretary shall specify in regulations) of a criminal offense related to such individual's participation in the delivery of medical care or services under title 42 USC 1395, XVIII, XIX, or XX, the Secretary— "(1) shall bar from participation in the program under title 1396, 1397. XVIII, for such period as he may deem appropriate, each such individual otherwise eligible to participate in such program; "(2)(A) shall promptly notify each appropriate State agency administering or supervising the administration of a State plan Notice. approved under title XIX or title XX, of the fact and circumstances of such determination, and (except as provided in subpar-

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