Page:United States Statutes at Large Volume 98 Part 1.djvu/1137

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1089

APPOINTMENT OF THE ADMINISTRATOR OF THE HEALTH CARE FINANCING ADMINISTRATION

"SEC. 1117. The Administrator of the Health Care Financing 42 USC 1317 Administration shall be appointed by the President by and with the advice and consent of the Senate.". (b) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following: "Administrator of the Health Care Financing Administration.". (c) The amendments made by this section shall apply to appoint- Effective date. 42 USC 1317 ments made after the date of the enactment of this Act. note. EXCLUSION OF CERTAIN ENTITIES OWNED OR CONTROLLED BY INDIVIDUALS CONVICTED OF MEDICARE- OR MEDICAID-RELATED CRIMES

SEC. 2333. (a) Section 1128 of the Social Security Act is amended— 42 USC i320a-7. (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and (2) by inserting after subsection (a) the following new subsection: "(b) Whenever the Secretary determines, with respect to an entity, that a person who has a direct or indirect ownership or control interest of 5 percent or more in the entity, or who is an officer, director, agent, or managing employee (as defined in section 1126(b)) of such entity, is a person described in section 1126(a), the 42 USC i320a-5. Secretary— "(1) may bar from participation in the program under title XVIII, for such period as he may deem appropriate, each such 42 USC 1395. entity otherwise eligible to participate in such program; "(2) shall promptly notify each appropriate State agency administering or supervising the administration of a State plan approved under title XIX of the fact and circumstances of the 42 USC 1396. determination, and may require each such agency to bar the entity from participation under the State plan for such period as he specifies, which may not exceed the period established pursuant to paragraph (1); and "(3) shall promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification of such entity 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) Section 1128(e) of such Act (as redesignated by subsection (a)(D) is amended— (1) by inserting "or entity" after "Any person", and (2) by striking out "(a) or (b)" and inserting in lieu thereof "(a), (b), or (c)". (c) The amendments made by this section become effective on the Effective date. date of the enactment of this Act and shall apply to convictions of 42 USC 1320a-7 note. persons occurring after such date.

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