Page:United States Statutes at Large Volume 94 Part 2.djvu/1342

 94 STAT. 2620

Waiver. 42 USC 1396, 1397.

Notice.

42 USC 1395. 42 USC 1395CC.

Notice and hearing. 42 USC 405.

42 USC 1395y. Ante, p. 2619. 42 USC 1396a.

Repeal. 42 USC 1396a. 42 USC 1397b.

PUBLIC LAW 96-499—DEC. 5, 1980

agraph (B)) require each such agency to bar such individual from participation in such plan for such period as he shall specify, which in the case of an individual specified in paragraph (1) shall be the period established pursuant to paragraph (1); "(B) may waive the requirement under subparagraph (A) to bar an ind.ividual from participation in a State plan under title XIX or title XX, where he receives and approves a request for such a waiver with respect to that individual from the State agency administering or supervising the administration of such plan; and "(3) shall promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification of such individual of the fact and circumstances of such determination, 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 and Human Services fully and currently informed with respect to any actions taken in response to such request. "(b) A determination made by the Secretary under this section shall be effective at such time and upon such reasonable notice to the public and to the person furnishing the services involved as may be specified in regulations. Such determination shall be effective with respect to services furnished to an individual on or after the effective date of such determination (except that in the case of inpatient hospital services, post-hospital extended care services, and home health services furnished under title XVIII, such determination shall be effective in the manner provided in paragraphs (3) and (4) of section 1866(b) with respect to terminations of agreements), and shall remain in effect until the Secretary finds and gives reasonable notice to the public that the basis for such determination has been removed and that there is reasonable assurance that it will not recur. "(c) Any person who is the subject of an adverse determination made by the Secretary under subsection (a) shall be entitled to reasonable notice and opportunity for a hearing thereon by the Secretary to the same extent as is provided in section 205(b), and to judicial review of the Secretary's final decision after such hearing as is provided in section 205(g).". (b) Section 1862(e) of such Act is amended to read as follows: "(e) No payment may be made under this title with respect to any item or service furnished by a physician or other individual during the period when he is barred pursuant to section 1128 from participation in the program under this title.". (c) Section 1902(a)(39) of such Act is amended to read as follows: "(39) provide that the State agency shall bar any specified individual from participation in the program under the State plan for the period specified by the Secretary, when required by him to do so pursuant to section 1128, and provide that no payment may be made under the plan with respect to any item or service furnished by such individual during such period;". (d) Section 1902(g) of such Act is repealed. (e) Section 2003(d)(1) of such Act is amended— (1) by striking out "and" at the end of subparagraph (I), (2) by striking out the period at the end of subparagraph (J) and inserting in lieu thereof "; and", and (3) by inserting after subparagraph (J) the following new subparagraph:

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