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Page:United States Statutes at Large Volume 101 Part 1.djvu/700

 101 STAT. 670

PUBLIC LAW 100-89—AUG. 18, 1987 '

25 USC 732.

act of the legislature of the State of Texas approved February 3, 1854; and (C) lands subsequently acquired and held in trust by the Secretary for the benefit of the tribe; (4) the term "State" means the State of Texas; (5) the term "constitution and bylaws" means the constitution and bylaws of the tribe which were adopted on June 16, 1971; and (6) the term "Tribal Council" means the governing body of the tribe under the constitution and bylaws.

SEC. 202. ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS CONSIDERED AS ONE TRIBE.

J,

The Alabama and Coushatta Indian Tribes of Texas shall be considered as one tribal unit for purposes of this title and any other law or rule of law of the United States.

25 USC 733.

SEC. 203. RESTORATION OF THE FEDERAL TRUST RELATIONSHIP; FEDERAL SERVICES AND ASSISTANCE. (a) FEDERAL TRUST RELATIONSHIP.—The Federal recognition of the

25 USC 461.

tribe and of the trust relationship between the United States and the tribe is hereby restored. The Act of June 18, 1934 (48 Stat. 984), as amended, and all laws and rules of law of the United States of general application to Indians, to nations, tribes, or bands of Indians, or to Indian reservations which are not inconsistent with any specific provision contained in this title shall apply to the members of the tribe, the tribe, and the reservation. (b) RESTORATION OF RIGHTS AND PRIVILEGES.—All rights and privi-

25 USC 72L

leges of the tribe and members of the tribe under any Federal treaty, Executive order, agreement, statute, or under any other authority of the United States which may have been diminished or lost under the Act entitled "An Act to provide for the termination of Federal supervision over the property of the Alabama and Coushatta Tribes of Indians of Texas, and the individual members thereof; and for other purposes" and approved August 23, 1954, are hereby restored and such Act shall not apply to the tribe or to members of the tribe after the date of the enactment of this title. (c) FEDERAL BENEFITS AND SERVICES.—Notwithstanding any other provision of law, the tribe and the members of the tribe shall be eligible, on and after the date of the enactment of this title, for all benefits and services furnished to federally recognized Indian tribes. (d) EFFECT ON PROPERTY RIGHTS AND OTHER OBLIGATIONS.—Except

as otherwise specifically provided in this title, the enactment of this title shall not affect any property right or obligation or any contractual right or obligation in existence before the date of the enactment of this title or any obligation for taxes levied before such date. 25 USC 734.

SEC. 204. STATE AND TRIBAL AUTHORITY. (a) STATE AUTHORITY.—Nothing in this Act shall affect the power

of the State of Texas to enact special legislation benefitting the tribe, and the State is authorized to perform any services benefitting the tribe that are not inconsistent with the provisions of this Act. (b) CURRENT CONSTITUTION AND BYLAWS TO REMAIN IN EFFECT.—

Subject to the provisions of section 203(a) of this Act, the constitution and bylaws of the tribe on file with the Committee on Interior and Insular Affairs is hereby declared to be approved for the purposes of section 16 of the Act of June 18, 1934 (48 Stat. 987; 25

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 PUBLIC LAW 100-89—AUG. 18, 1987

101 STAT. 671

U.S.C. 476) except that all reference to the Texas Indian Commission shall be considered as reference to the Secretary of the Interior. (c) AUTHORITY AND CAPACITY OF TRIBAL COUNCIL.—No provision

contained in this title shall affect the power of the Tribal Council to take any action under the constitution and bylaws described in subsection (b). The Tribal Council shall represent the tribe and its Contracts. members in the implementation of this title and shall have full Grants, authority and capacity— (1) to enter into contracts, grant agreements, and other arrangements with any Federal department or agency; (2) to administer or operate any program or activity under or in connection with any such contract, agreement, or arrangement, to enter into subcontracts or award grants to provide for the administration of any such program or activity, or to conduct any other activity under or in connection with any such contract, agreement, or arrangement; and (3) to bind any tribal governing body selected under any new constitution adopted in accordance with section 205 as the successor in interest to the Tribal Council. SEC. 205. ADOPTION OF NEW CONSTITUTION AND BYLAWS.

25 USC 735.

Upon written request of the tribal council, the Secretary shall hold an election for the members of the tribe for the purpose of adopting a new constitution and bylaws in accordance with section 16 of the Act of June 18, 1934 (25 U.S.C. 476). SEC. 206. PROVISIONS RELATING TO TRIBAL RESERVATION.

(a) FEDERAL RESERVATION ESTABLISHED.—The reservation is hereby declared to be a Federal Indian reservation for the use and benefit of the tribe without regard to whether legal title to such lands is held in trust by the Secretary. (b) CONVEYANCE OF LAND BY STATE.—The Secretary shall—

(1) accept any offer from the State to convey title to any lands held in trust by the State or the Texas Indian Commission for the benefit of the tribe to the Secretary, and (2) shall hold such title, upon conveyance by the State, in trust for the benefit of the tribe. (c) CONVEYANCE OF LAND BY TRIBE.—At the written request of the

Tribal Council, the Secretary shall— (1) accept conveyance by the tribe of title to any lands within the reservation which are held by the tribe to the Secretary, and (2) hold such title, upon such conveyance by the tribe, in trust for the benefit of the tribe. (d) APPROVAL OF DEED BY ATTORNEY GENERAL.—Notwithstanding

any other provision of law or regulation, the Attorney General of the United States shall approve any deed or other instrument from the State or the tribe which conveys title to lands within the reservation to the United States. (e) PERMANENT IMPROVEMENTS AUTHORIZED.—Notwithstanding

any other provision of law or rule of law, the Secretary or the tribe may erect permanent improvements, improvements of substantial value, or any other improvement authorized by law on the reservation without regard to whether legal title to such lands has been conveyed to the Secretary by the State or the tribe. (f) CIVIL AND CRIMINAL JURISDICTION WITHIN RESERVATION.—The

State shall exercise civil and criminal jurisdiction within the bound-

25 USC 736.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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 101 STAT. 672

PUBLIC LAW 100-89—AUG. 18, 1987

aries of the reservation as if such State had assumed such jurisdiction with the consent of the tribe under sections 401 and 402 of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes" and approved April 11, 1968 (25 U.S.C. 1321, 1322). 25 USC 737.

SEC. 207. GAMING ACTIVITIES.

(a) IN GENERAL.—All gaming activities which are prohibited by the laws of the State of Texas are hereby prohibited on the reservation and on lands of the tribe. Any violation of the prohibition provided in this subsection shall be subject to the same civil and criminal penalties that are provided by the laws of the State of Texas. The provisions of this subsection are enacted in accordance with the tribe's request in Tribal Resolution No. T.C.-86-07 which was approved and certified on March 10, 1986. (b) No STATE REGULATORY JURISDICTION.—Nothing in this section shall be construed as a grant of civil or criminal regulatory jurisdiction to the State of Texas. (c) JURISDICTION OVER ENFORCEMENT AGAINST MEMBERS.—Not-

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withstanding section 206(f), the courts of the United States shall have exclusive jurisdiction over any offense in violation of subsection (a) that is committed by the tribe, or by any member of the tribe, on the reservation or on lands of the tribe. However, nothing in this section shall be construed as precluding the State of Texas from bringing an action in the courts of the United States to enjoin violations of the provisions of this section. Approved August 18, 1987.

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LEGISLATIVE HISTORY—H.R. 318: HOUSE REPORTS: No. 100-36 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-90 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 133 (1987): Apr. 21, considered and passed House. July 23, considered and passed Senate, amended. ,ji-^ Aug. 3, House concurred in Senate amendments. '

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Page:United States Statutes at Large Volume 101 Part 1.djvu/703

 PUBLIC LAW 100-90—AUG. 18, 1987

101 STAT. 673

Public Law 100-90 100th Congress An Act To amend title 39, United States Code, to extend to certain officers and employees of the United States Postal Service the same procedural and appeal rights with respect to certain adverse personnel actions as are afforded under title 5, United States Code, to Federal employees in the competitive service.

Aug. 18, 1987 [H.R. 348]

Be it enacted by the Senate and House of Representatives of the .., United States of America in Congress assembled, That (a) section •.^n 1005(a) of title 39, United States Code, is amended by adding at the end thereof the following: "(4)(A) Subchapter II of chapter 75 of title 5 shall apply— 5 USC 7511. "(i) to any preference eligible in the Postal Service who is an employee within the meaning of section 7511(a)(1)(B) of such title; and "(ii) to any other individual who— "(I) is in the position of a supervisor or a management employee in the Postal Service, or is an employee of the Postal Service engaged in personnel work in other than a purely nonconfidential clerical capacity; and "(II) has completed 1 year of current continuous service in the same or similar positions. "(B)(i) The second sentence of paragraph (2) of this subsection applies with respect to the provisions of subparagraph (A) of this paragraph, to the extent that such provisions relate to preference eligibles. not, to the extent that such provisions relate to an individual under ^, >t, clause (ii) of such subparagraph, be modified by any program developed under section 1004 of this title.". 39 USC 1004. (b)(l) The amendment made by subsection (a) shall be effective Effective date. after the expiration of the 30-day period beginning on the date of the 39 USC 1005 enactment of this Act. " (2) An action which is commenced under section 1005(a)(1)(B) of title 39, United States Code, before the effective date of the amendment made by subsection (a) shall not abate by reason of the enactment of this Act. Determinations with respect to any such action shall be made as if this Act had not been enacted. Approved August 18, 1987.
 * (ii) The provisions of subparagraph (A) of this paragraph shall

LEGISLATIVE HISTORY—H.R. 348: CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 3, considered and passed House. July 28, considered and passed Senate, amended. Aug. 3, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/704

 101 STAT. 674

PUBLIC LAW 100-91—AUG. 18, 1987

Public Law 100-91 100th Congress An Act Aug. 18, 1987 [H.R. 921]

To require the Secretary of the Interior to conduct a study to determine the appropriate minimum altitude for aircraft flying over national park system units.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 16 USC l a - 1 note.

Safety. Pollution. Alaska.

SECTION 1. STUDY OF PARK OVERFLIGHTS. (a) STUDY BY PARK SERVICE.—The Secretary of the

Interior

(hereinafter referred to as the "Secretary"), acting through the Director of the National Park Service, shall conduct a study to determine the proper minimum altitude which should be maintained by aircraft when flying over units of the National Park System. The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration (hereinafter referred to as the "Administrator"), shall provide technical assistance to the Secretary in carrying out the study. (b) GENERAL REQUIREMENTS OF STUDY.—The study shall identify any problems associated with overflight by aircraft of units of the National Park System and shall provide information regarding the types of overflight which may be impacting on park unit resources. The study shall distinguish between the impacts caused by sightseeing aircraft, military aircraft, commercial aviation, general aviation, and other forms of aircraft which affect such units. The study shall identify those park system units, and portions thereof, in which the most serious adverse impacts from aircraft overflights exist. (c) SPECIFIC REQUIREMENTS.—The study under this section shall include research at the following units of the National Park System: Cumberland Island National Seashore, Yosemite National Park, Hawaii Volcanoes National Park, Haleakala National Park, Glacier National Park, and Mount Rushmore National Memorial, and at no less than four additional units of the National Park System, excluding all National Park System units in the State of Alaska. The research at each such unit shall provide information and an evaluation regarding each of the following: (1) the impacts of aircraft noise on the safety of the park system users, including hikers, rock-climbers, and boaters; (2) the impairment of visitor enjoyment associated with flights over such units of the National Park System; (3) other injurious effects of overflights on the natural, historical, and cultural resources for which such units were established; and (4) the values associated with aircraft flights over such units of the National Park System in terms of visitor enjoyment, the protection of persons or property, search and rescue operations and firefighting. Such research shall evaluate the impact of overflights by both fixedwing aircraft and helicopters. The research shall include an evaluation of the differences in noise levels within such units of the

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Page:United States Statutes at Large Volume 101 Part 1.djvu/705

 PUBLIC LAW 100-91—AUG. 18, 1987

101 STAT. 675

National Park System which are associated with flight by commonly used aircraft at different altitudes. The research shall apply only to overflights and shall not apply to landing fields within, or adjacent to, such units. (d) REPORT TO CONGRESS.—The Secretary shall submit a report to the Congress within 3 years after the enactment of this Act containing the results of the study carried out under this section. Such report shall also contain recommendations for legislative and regulatory action which could be taken regarding the information gathered pursuant to paragraphs (1) through (4) of subsection (c). Before submission to the Congress, the Secretary shall provide a draft of the report and recommendations to the Administrator for review. The Administrator shall review such report and recommendations and notify the Secretary of any adverse effects which the implementation of such recommendations would have on the safety of aircraft operations. The Administrator shall consult with the Secretary to resolve issues relating to such adverse effects. The final Safety. report shall include a finding by the Administrator that implementation of the recommendations of the Secretary will not have adverse effects on the safety of aircraft operations, or if the Administrator is unable to make such finding, a statement by the Administrator of the reasons he believes the Secretary's recommendations will have an adverse effect on the safety of aircraft operations. (e) FAA REVIEW OF RULES.—The Administrator shall review current rules and regulations pertaining to flights of aircraft over units of the National Park System at which research is conducted under subsection (c) and over any other such units at which such a review is determined necessary by the Administrator or is requested by the Secretary. In the review under this subsection, the Administrator shall determine whether changes are needed in such rules and regulations on the basis of aviation safety. Not later than 180 days Reports. after the identification of the units of the National Park System for which research is to be conducted under subsection (c), the Administrator shall submit a report to Congress containing the results of the review along with recommendations for legislative and regulatory action which are needed to implement any such changes. (f) AUTHORIZATION.—There are authorized to be appropriated such Appropriation sums as may be necessary to carry out the studies and review under authorization. this section. SEC. 2. FLIGHTS OVER YOSEMITE AND HALEAKALA DURING STUDY AND 16 USC l a - 1 note. REVIEW. (a) YosEMiTE NATIONAL PARK.—During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude of less than 2,000 feet over the surface of Yosemite National Park. For purposes of this subsection, the term "surface" refers to the highest terrain within the park which is within 2,000 feet laterally of the route of flight and with respect to Yosemite Valley such term refers to the upper-most rim of the valley. (b) HALEAKALA NATIONAL PARK.—During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude below 9,500 feet above mean sea level over the surface of any of the following areas in Haleakala National Park: Haleakala

91-194 O - 90 - 23: QL.3 Part 1

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 101 STAT. 676

PUBLIC LAW 100-91—AUG. 18, 1987

Crater, Crater Cabins, the Scientific Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist viewpoint. (c) STUDY AND REVIEW PERIODS.—For purposes of subsections (a) and (b), the study period shall be the period of the time after the date of enactment of this Act and prior to the submission of the report under section 1. The review period shall comprise a 2-year period for Congressional review after the submission of the report to Congress. (d) EXCEPTIONS.—The prohibitions contained in subsections (a) and (b) shall not apply to any of the following: (1) emergency situations involving the protection of persons or property, including aircraft; (2) search and rescue operations; (3) flights for purposes of firefighting or for required administrative purposes; and (4) compliance with instructions of an air traffic controller. (e) ENFORCEMENT.—For purposes of enforcement, the prohibitions contained in subsections (a) and (b) shall be treated as requirements established pursuant to section 307 of the Federal Aviation Act of 1958. To provide information to pilots regarding the restrictions established under this Act, the Administrator shall provide public notice of such restrictions in appropriate Federal Aviation Administration publications as soon as practicable after the enactment of this Act.

Public information. 49 USC app. 1348.

Safety. Pollution 16 USC la-1 note.

SEC. 3. GRAND CANYON NATIONAL PARK.

(a) Noise associated with aircraft overflights at the Grand Canyon National Park is causing a significant adverse effect on the natural quiet and experience of the park and current aircraft operations at the Grand Canyon National Park have raised serious concerns regarding public safety, including concerns regarding the safety of park users. (b) RECOMMENDATIONS.—

 * lii

Indians. Arizona.

I { i

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(1) SUBMISSION.—Within 30 days after the enactment of this Act, the Secretary shall submit to the Administrator recommendations regarding actions necessary for the protection of resources in the Grand Canyon from adverse impacts associated with aircraft overflights. The recommendations shall provide for substantial restoration of the natural quiet and experience of the park and protection of public health and safety from adverse effects associated with aircraft overflight. Except as provided in subsection (c), the recommendations shall contain provisions prohibiting the flight of aircraft below the rim of the Canyon, and shall designate flight free zones. Such zones shall be flight free except for purposes of administration and for emergency operations, including those required for the transportation of persons and supplies to and from Supai Village and the lands of the Havasupai Indian Tribe of Arizona. The Administrator, after consultation with the Secretary, shall define the rim of the Canyon in a manner consistent with the purposes of this paragraph. (2) IMPLEMENTATION.—Not later than 90 days after receipt of the recommendations under paragraph (1) and after notice and opportunity for hearing, the Administrator shall prepare and issue a final plan for the management of air traffic in the air space above the Grand Canyon. The plan shall, by appropriate regulation, implement the recommendations of the Secretary

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 PUBLIC LAW 100-91—AUG. 18, 1987

101 STAT. 677

without change unless the Administrator determines that implementing the recommendations would adversely affect aviation safety. If the Administrator determines that implementing the recommendations would adversely affect aviation safety, he shall, not later than 60 days after making such determination, in consultation with the Secretary and after notice and opportunity for hearing, review the recommendations consistent with the requirements of paragraph (1) to eliminate the adverse effects on aviation safety and issue regulations implementing the revised recommendations in the plan. In addition to the Administrator's authority to implement such regulations under the Federal Aviation Act of 1958, the Secretary may enforce the appropriate requirements of the plsm under such rules and regulations applicable to the units of the National Park System as he deems appropriate. (3) REPORT.—Within 2 years after the effective date of the plan required by subsection 03)(2), the Secretary shall submit to the Congress a report discussing— (A) whether the plan has succeeded in substantiedly restoring the natural quiet in the park; and (B) such other matters, including possible revisions in the plan, as may be of interest. The report shall include comments by the Administrator regarding the effect of the plan's implementation on aircraft safety. (c) HELICOPTER FUGHTS OF RIVER RUNNERS.—Subsection (b) shall not prohibit the flight of helicopters— (1) which fly a direct route between a point on the north rim outside of the Grand Cginyon National Park and locations on the Hualapai Indian Reservation (as designated by the Tribe); and (2) whose sole purpose is transporting individuals to or from boat trips on the Colorado River and any guide of such a trip. SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS.

Regulations.

49 USC app. 1301 note.

Indians.

16 USC la-1 note.

The Administrator shall conduct surveillance of aircraft flights over the Boundary Waters Canoe Area Wilderness as authorized by the Act of October 21, 1978 (92 Stat. 1649-1659) for a period of not less than 180 days beginning within 60 days of enactment of this Act. In addition to any actions the Administrator may take as a Reports. result of such surveillance, he shall provide a report to the Committee on Interior and Insular Affairs and the Committee on Public Works and Transportation of the United States House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the United States Senate. Such report is to be submitted within 30 days of completion of the surveillance activities. Such report shall include but not necessarily be limited to information on the type and frequency of aircraft using the airspace over the Boundary Waters Canoe Area Wilderness. SEC. 5. ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS OVERFLIGHTS. (a) ASSESSMENT BY FOREST SERVICE.—The Chief of the Forest

Service (hereinafter referred to as the "Chief) shall conduct an assessment to determine what, if any, adverse impacts to wilderness resources are gissociated with overflights of National Forest System wilderness areas. The Administrator of the Federal Aviation Administration shall provide technical assistance to the Chief in

16 USC la-1 note.

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 101 STAT. 678

Alaska.

Appropriation authorization. 16 USC l a - 1 note.

PUBLIC LAW 100-91—AUG. 18, 1987

carrying out the assessment. Such assessment shall apply only to overflight of wilderness areas and shall not apply to aircraft flights or landings adjacent to National Forest System wilderness units. The assessment shall not apply to any National Forest System wilderness units in the State of Alaska. (b) REPORT TO CONGRESS.—The Chief shall submit a report to Congress within 2 years after enactment of this Act containing the results of the assessments carried out under this section. (c) AUTHORIZATION.—Effective October 1, 1987, there are authorized to be appropriated such sums as may be necessary to carry out the assessment under this section. SEC. 6. CONSULTATION WITH FEDERAL AGENCIES.

In conducting the study and the assessment required by this Act, the Secretary of the Interior and the Chief of the Forest Service shall consult with other Federal agencies that are engaged in an analysis of the impacts of aircraft overflights over federally-owned land. Approved August 18, 1987.

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LEGISLATIVE HISTORY—H.R. 921: HOUSE REPORTS: No. 100-69, Pt. 1 (Coram, on Interior and Insular Affairs). SENATE REPORTS: No. 100-97 (Coram, on Energy and Natural Resources) and No. 100-125 (Coram, on Comraerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): May 4, considered and passed House. ' July 28, considered and passed Senate, araended. \ Aug. 3, House concurred in Senate amendraent. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Aug. 18, Presidential statement. .^^, -, i -^

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Page:United States Statutes at Large Volume 101 Part 1.djvu/709

 PUBLIC LAW 100-92—AUG. 18, 1987 Public Law 100-92 100th Congress

101 STAT. 679

An Act

To designate the United States Post Office Building located in St. Charles, Illinois, as the "John E. Grotberg Post Office Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States Post Office Building located at 1405 West Main Street in St. Charles, Illinois, is hereby designated as the "John E. Grotberg Post Office Building". Any reference to such building in a law, rule, map, document, record, or other paper of the United States shall be considered to be a reference to the "John E. Grotberg Post Office Building".

Aug. 18, 1987 [H.R. 1403] Public buildings and grounds.

CLARIFICATION RELATING TO CONSIDERATION OF PRE-1987 SERVICE AS AN AIR TRAFFIC CONTROLLER FOR RETIREMENT PURPOSES

Aircraft and air carriers.

SEC. 2. (a) For purposes of subchapter III of chapter 83 of title 5, United States Code, and chapter 84 of such title— (1) service as an air traffic controller shall, with respect to any annuity which is based on a separation from service, or death, occurring on or after January 1, 1987, include any service as an air traffic controller whether performed before, on, or after January 1, 1987; and (2) the Office of Personnel Management shall accept the certification of the Secretary, or the designee of the Secretary, in determining the amount of any service performed by an individual as an air traffic controller. (h) For purposes of this section— (1) the term "air traffic controller" has the meaning given such term by section 2109(1) of title 5, United States Code, as amended by section 20703) of the Federal Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 594); and (2) the term "Secretary" has the meaning given such term by section 2109(2) of title 5, United States Code.

5 USC 8332 note. 5 USC 8331, 8401 et seq.

Approved August 18, 1987.

LEGISLATIVE HISTORY—H.R. 1403: CONGRESSIONAL RECORD, Vol. 133 (1987): Apr. 27, considered and peissed House. July 30, considered and passed Senate, amended. Aug. 3, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/710

 101 STAT. 680

PUBLIC LAW 100-93—AUG. 18, 1987

Public Law 100-93 100th Congress

•V3'

An Act Aug. 18, 1987 [H.R. 1444]

Medicare and Medicaid Patient and Program Protection Act of 1987. 42 USC 1305 note.

To amend titles XI, XVIII, and XIX of the Social Security Act to protect beneficiaries under the health care programs of that Act from unfit health care practitioners, and otherwise to improve the antifraud provisions relating to those programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Medicare and

Medicaid Patient and Program Protection Act of 1987". (b) AMENDMENTS TO THE SOCIAL SECURITY ACT.—Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of, a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. (c) TABLE OF CONTENTS.—The table of contents of this Act is as follows: Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1. 2. 3. 4.

Short title; references in Act; table of contents. Exclusion from medicare and State health care programs. Civil monetary penalties. Criminal penalties for acts involving medicare and State health care programs. 5. Information concerning sanctions taken by State licensing authorities against health care practitioners and providers. 6. Obligation of health care practitioners and providers. 7. Exclusion under the medicaid program. 8. Miscellaneous and conforming amendments. 9. Clarification of medicaid moratorium provisions of Deficit Reduction Act of 1984. 10. Limitation of liability of medicare beneficiaries with respect to services furnished by excluded individuals and entities. 11. Definition of person with ownership or control interest. 12. Conditional approval of renal dialysis facilities. 13. Amendment relating to fraud involving medicare supplemental insurance. 14. Standards for anti-kickback provisions. 15. Effective dates.

SEC. 2. EXCLUSION FROM PROGRAMS.

MEDICARE

AND

STATE

HEALTH

CARE

Section 1128 (42 U.S.C. 1320a-7) is amended to read as follows: E X C L U S I O N O F CERTAIN INDIVIDUALS AND ENTITIES FROM PARTICIPATION IN MEDICARE AND STATE HEALTH CARE PROGRAMS "SEC. 1128. (a) MANDATORY EXCLUSION.—The Secretary shall ex-

42 USC 1395.

clude the following individuals and entities from participation in any program under title XVIII and shall direct that the following individuals and entities be excluded from participation in any State health care program (as defined in subsection (h)): "(1) CONVICTION OF PROGRAM-RELATED CRIMES.—Any individ-

ual or entity that has been convicted of a criminal offense

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 PUBLIC LAW 100-93—AUG. 18, 1987 ,:

101 STAT. 681

related to the delivery of an item or service under title XVIII or under any State health care program.

42 USC 1395.

"(2) CONVICTION RELATING TO PATIENT ABUSE.—Any individual

or entity that has been convicted, under Federal or State law, of r; a criminal offense relating to neglect or abuse of patients in connection with the delivery of a health care item or service. "(b) PERMISSIVE EXCLUSION.—The Secretary may exclude the following individuals and entities from participation in any program under title XVIII and may direct that the following individuals and entities be excluded from participation in any State health care program: "(1) CONVICTION RELATING TO F R A U D. — Any

{ j f

individual

or

entity that has been convicted, under Federal or State law, in connection with the delivery of a health care item or service or with respect to any a c t or omission in a program operated by or financed in whole or in part by any Federal, State, or local government agency, of a criminal offense relating to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct. "(2) CONVICTION RELATING TO OBSTRUCTION OF A N INVESTIGA-

.v>«^r.;; • nW;Kr >8in

TiON.—Any individual or e n t i t y that has been convicted, under Federal or State law, in connection with the interference with or obstruction of any investigation into any criminal offense described in paragraph (1) or in subsection (a). "(3) CONVICTION RELATING TO CONTROLLED SUBSTANCE.—Any

individual or entity that has been convicted, under Federal or State law, of a criminal offense relating to the unlawful m a n u facture, distribution, prescription, or dispensing of a controlled substance.

Drugs and drug

abuse. .„:(*f:i.;

i.i

"(4) L I C E N S E REVOCATION OR SUSPENSION.—Any individual or

entity— "(A) whose license to provide health care has been re; X voked or suspended by any State licensing authority, or who otherwise lost such a license, for reasons bearing on -.- 3t h e individual's or entity's professional competence, profesgi \ sional performance, or financial integrity, or fj. "(B) w h o s u r r e n d e r e d such a license while a formal disciplinary proceeding was pending before such a n authority .'0A and the proceeding concerned the individual's or entity's ii i; professional competence, professional performance, or financial integrity. "(5) EXCLUSION OR SUSPENSION UNDER FEDERAL OR STATE HEALTH CARE PROGRAM.—Any individual or e n t i t y which has

been suspended or excluded from participation, or otherwise sanctioned, under— "(A) any Federal program, including programs of the m bD e part m e n t of Defense or the Veterans ' Administration, girll involving the provision of health care, or "(B) a State health care program, for reasons bearing on the individual's or entity's professional competence, professional performance, or financial integrity. "(6) CLAIMS FOR EXCESSIVE CHARGES OR UNNECESSARY SERVICES

AND FAILURE OF CERTAIN ORGANIZATIONS TO FURNISH MEDICALLY NECESSARY SERVICES.—Any individual or entity that the Secretary determines— >,;•; "(A) has submitted or caused to be submitted bills or requests for payment (where such bills or requests a r e

.u\ ,0.'"*'7"' ' "^' "= "' •

?•. ' '.*'. •

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/712

 101 STAT. 682 42 USC 1395.

Contracts. 42 USC 1396b. 42 USC 1396. 42 USC 1396n.

42 USC 1395mm.

-P

PUBLIC LAW 100-93—AUG. 18, 1987 based on charges or cost) under title XVIII or a State health care program containing charges (or, in applicable cases, requests for payment of costs) for items or services furnished substantially in excess of such individual's or entity's usual charges (or, in applicable cases, substantially in excess of such individual's or entity's costs) for such items or services, unless the Secretary finds there is good cause for such bills or requests containing such charges or costs; "(B) has furnished or caused to be furnished items or services to patients (whether or not eligible for benefits under title XVIII or under a State health care program) substantially in excess of the needs of such patients or of a quality which fails to meet professionally recognized standards of health care; "(C) is— "(i) a health maintenance organization (as defined in section 1903(m)) providing items and services under a State plan approved under title XIX, or "(ii) an entity furnishing services under a waiver approved under section 1915(bKl), and has failed substantially to provide medically necessary items and services that are required (under law or the contract with the State under title XIX) to be provided to individuals covered under that plan or waiver, if the failure has adversely affected (or has a substantial likelihood of adversely affecting) these individuals; or "(D) is an entity providing items and services as an eligible organization under a risk-sharing contract under section 1876 and has failed substantially to provide medically necessary items and services that are required (under law or such contract) to be provided to individuals covered under the risk-sharing contract, if the failure has adversely affected (or has a substantial likelihood of adversely affecting) these individuals. "(7) FRAUD, KICKBACKS, AND OTHER PROHIBITED ACTIVITIES.—

Post, pp. 686-688. Post, p. 689.

42 USC 1320a-3. Post, p. 692.

Any individual or entity that the Secretary determines has committed an act which is described in section 1128A or section 1128B. "(8) ENTITIES CONTROLLED BY A SANCTIONED INDIVIDUAL.—Any

entity with respect to which the Secretary determines that a person— "(A)(i) with an ownership or control interest (as defined in section 1124(a)(3)) in that entity, or "(ii) who is an officer, director, agent, or managing employee (as defined in section 1126(b)) of that entity— is a person— "(B)(i) who has been convicted of any offense described in subsection (a) or in paragraph (1), (2), or (3) of this subsection; "(ii) against whom a civil monetary penalty has been assessed under section 1128A; or "(iii) who has been excluded from participation under a program under title XVIII or under a State health care program. "(9) FAILURE TO DISCLOSE REQUIRED INFORMATION.—Any entity that did not fully and accurately make any disclosure required by section 1124 or section 1126.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/713

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 683

"(10) F A I L U R E TO SUPPLY REQUESTED INFORMATION ON SUBCONTRACTORS AND SUPPLIERS.—Any disclosing e n t i t y (as defined

in section 1124(a)(2)) that fails to supply (within such period as 42 USC 1320a-3. may be specified by the Secretary in regulations) upon request specifically addressed to the e n t i t y by the Secretary or by the State agency a d m i n i s t e r i n g or supervising the administration of a State health care program— "(A) full and complete information a s to the ownership of a subcontractor (as defined by the Secretary in regulations) with whom the entity has h a d, during the previous 12 months, business transactions in a n aggregate a m o u n t in excess of $25,000, or "(B) full and complete information as to any significant business t r a n s a c t i o n s (as defined by the Secretary in regulations), occurring during the five-year period ending on the date of such request, between the entity and any wholly owned supplier or between the entity and any subcontractor. "(11)

FAILURE

TO

SUPPLY

PAYMENT

INFORMATION.—Any

individual or e n t i t y furnishing items or services for which payment may be m a d e under title XVIII o r a State health care program that fails to provide such information as the Secretary or the a p p r o p r i a t e State agency finds necessary to determine w h e the r such payments a r e or were d u e and the a m o u n t s thereof, or has refused to permit such examination of its records by or on behalf of the Secretary or that agency as may be necessary to verify such information.

42 USC 1395.

"(12) F A I L U R E TO GRANT IMMEDIATE ACCESS.—Any individual

or entity that fails to g r a n t i m m e d i a t e access, upon reasonable request (as defined by the Secretary in regulations) to any of the following: "(A) To the Secretary, or to the agency used by the Secretary, for the purpose specified in the first sentence of section 1864(a) (relating to compliance with conditions of participation or payment). "(B) To the Secretary or the State agency, to perform the reviews and surveys required under State plans under paragraph s (26), (31), and (33) of section 1902(a) and under section 1903(g). "(C) To the Inspector General of the Department of Health and Human Services, for the purpose of reviewing records, documents, and other d a t a necessary to the performance of the s t a t u to r y functions of the Inspector General. "(D) To a State medicaid fraud control unit (as defined in section 1903(q)), for the purpose of conducting activities described in that section. "(13) F A I L U R E TO TAKE CORRECTIVE ACTION.—Any h o s p i t a l that

fails to comply substantially with a corrective action required under section 1886(f)(2)(B). "(14) D E F A U L T ON HEALTH EDUCATION LOAN OR SCHOLARSHIP

OBLIGATIONS.—Any individual who the Secretary determines is in default on r e payments of scholarship obligations or loans in connection with health professions education m a d e or secured, in whole or in part, by the Secretary and with respect to whom the Secretary has t a k e n all reasonable steps available to the Secretary to secure r e payment of such obligations or loans.

42 USC 1395aa.

42 USC 1396a. 42 USC 1396b.

Health care facilities. 42 USC 1395WW.

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/714

 101 STAT. 684

c j'.S:5ii j;u i;;

42 USC 1395, 1^96.

j.y

« cie8i Oc

';

except that (A) the Secretary shall not exclude pursuant to this paragraph a physician who is the sole community physician or sole source of essential specialized services in a community if a State requests that the physician not be excluded, and (B) the Secretary shall take into account, in determining whether to exclude any other physician pursuant to this paragraph, access of beneficiaries to physician services for which payment may be made under title XVIII or XIX. "(c) NOTICE, EFFECTIVE DATE, AND P E R I O D OF EXCLUSION.—(1) An

Post, p. 686.

^,^,c

PUBLIC LAW 100-93—AUG. 18, 1987

^

,

exclusion under this section or under section 1128A shall be effective a t such t i m e and upon such reasonable notice to the public and to the individual or entity excluded a s may be specified in regulations consistent with paragraph (2). "(2)(A) Except a s provided in subparagraph (B), such a n exclusion shall be effective with respect to services furnished to a n individual on or after the effective date of the exclusion. "(B) Unless the Secretary determine s that the health and safety of individuals receiving services w a r r a n t s the exclusion taking effect earlier, a n exclusion shall not apply to payments made under title XVIII or under a State health care program for— "(i) inpatient institutional services furnished to a n individual who w a s admitted to such institution before the date of the exclusion, or "(ii) home health services and hospice care furnished to a n individual under a plan of care established before the date of the exclusion, until the passage of 30 days after the effective date of the exclusion. "(3)(A) The Secretary shall specify, in the notice of exclusion under paragraph (1) and the w r i t t e n notice under section 1128A, the minimum period (or, in the case of a n exclusion of a n individual under subsection (b)(12), the period) of the exclusion. "(B) In the case of a n exclusion under subsection (a), the minimum period of exclusion shall be not less than five years, except that, upon the request of a State, the Secretary may waive the exclusion under subsection (a)(1) in the case of a n individual or entity that is the sole community physician or sole source of essential specialized services in a community. The Secretary's decision w h e the r to waive the exclusion shall not be reviewable. "(C) In the case of a n exclusion of a n individual under subsection (b)(12), the period of the exclusion shall be equal to the s u m of— "(i) the length of the period in which the individual failed to g r a n t the immediate access described in that subsection, and "(ii) a n additional period, not to exceed 90 days, set by the Secretary. "(d) NOTICE TO STATE A G E N C I E S A N D EXCLUSION U N D E R STATE J H E A L T H CARE PROGRAMS.—(1) Subject to paragraph (3), the Sec-

'^[','"•,*, r e t a r y shall exercise the authority under subsection (b) in a m a n n e r f < that results in a n individual's or entity's exclusion from all the ••Hh. programs under title XVIII and all the State health care programs in which the individual or entity may otherwise participate. "(2) The Secretary shall promptly notify each a p p r o p r i a t e State agency administering or supervising the administration of each State health care program (and, in the case of a n exclusion effected pursuant to subsection (a) and to which section 304(a)(5) of the 21 USC 824. Controlled Substances Act may apply, the Attorney General)—

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/715

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 685

"(A) of the fact and circumstances of each exclusion effected against an individual or entity under this section or section 1128A, and Post, p. 686. "(B) of the period (described in paragraph (3)) for which the State agency is directed to exclude the individual or entity from participation in the State health care program. exclusion under a State health care program under paragraph (2) shall be the same as any period of exclusion under a program under title XVIII. 42 USC 1395. "(B) The Secretary may waive an individual's or entity's exclusion under a State health care program under paragraph (2) if the Secretary receives and approves a request for the waiver with ,, ^,, respect to the individual or entity from the State agency administering or supervising the administration of the program. "(e) NOTICE TO STATE LICENSING AGENCIES.—The Secretary shall— "(1) promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification .. -.j,,,.» of an individual or entity excluded (or directed to be excluded) from participation under this section or section 1128A, of the fact and circumstances of the exclusion, "(2) request that appropriate investigations be made and sanctions invoked in accordance with applicable State law and policy, and "(3) request that the 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 the request. "(f) NOTICE, HEARING, AND JUDICIAL REVIEW.—(1) Subject to paragraph (2), any individual or entity that is excluded (or directed to be excluded) from participation under this section is 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 42 USC 405. review of the Secretary's final decision after such hearing as is provided in section 205(g). "(2) Unless the Secretary determines that the health or safety of individuals receiving services warrants the exclusion taking effect earlier, any individual or entity that is the subject of an adverse determination under subsection (b)(7) shall be entitled to a hearing by an administrative law judge (as provided under section 205(b)) on the determination under subsection (b)(7) before any exclusion based upon the determination takes effect. "(3) The provisions of section 205(h) shall apply with respect to this section and sections 1128A and 1156 to the same extent as it is 42 USC 1320c-5. applicable with respect to title II. 42 USC 401. "(g) APPLICATION FOR TERMINATION OF EXCLUSION.—(1) An individ-
 * '(3)(A) Except as provided in subparagraph (B), the period of the

ual or entity excluded (or directed to be excluded) from participation under this section or section 1128A may apply to the Secretary, in the manner specified by the Secretary in regulations and at the end of the minimum period of exclusion provided under subsection (c)(3) and at such other times as the Secretary may provide, for termination of the exclusion effected under this section or section 1128A. "(2) The Secretary may terminate the exclusion if the Secretary determines, on the basis of the conduct of the applicant which occurred after the date of the notice of exclusion or which was unknown to the Secretary at the time of the exclusion, that—

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/716

 101 STAT. 686 K j',

Infra. ^

21 USC 824.

PUBLIC LAW 100-93—AUG. 18, 1987

"(A) there is no basis under subsection (a) or (b) or section 1128A(a) for a Continuation of the exclusion, and "(B) there are reasonable assurances that the types of actions ,,- which formed the basis for the original exclusion have not recurred and will not recur. "(3) The Secretary shall promptly notify each appropriate State agency administering or supervising the administration of each State health care program (and, in the case of an exclusion effected pursuant to subsection (a) and to which section 304(a)(5) of the Controlled Substances Act may apply, the Attorney General) of the fact and circumstances of each termination of exclusion made under this subsection. "(h) DEFINITION OF STATE HEALTH CARE PROGRAM.—For purposes

Post, p. 689. 42 USC 1396. 42 USC 701. 42 USC 1397.

oi « '

of this section and sections 1128A and 1128B, the term 'State health care program' means— "(1) a State plan approved under title XIX, "(2) any program receiving funds under title V or from an allotment to a State under such title, or "(3) any program receiving funds under title XX or from an allotment to a State under such title, "(i) CONVICTED DEFINED.—For purposes of subsections (a) and (b), a physician or other individual is considered to have been 'convicted' of a criminal offense— "(1) when a judgment of conviction has been entered against the physician or individual by a Federal, State, or local court, judgment of conviction or other record relating to criminal conduct has been expunged; "(2) when there has been a finding of guilt against the physician or individual by a Federal, State, or local court; "(3) when a plea of guilty or nolo contendere by the physician or individual has been accepted by a Federal, State, or local court; or "(4) when the physician or individual has entered into participation in a first offender or other program where judgment of conviction has been withheld.". SEC. 3. CIVIL MONETARY PENALTIES.
 * regardless of whether there is an appeal pending or whether the

(a) GROUNDS FOR IMPOSITION.—(1) Section 1128A(a)(l) (42 U.S.C. 1320a-7a(a)(l)) is amended by striking "the Secretary determines" and all that follows through "; or" and inserting ' the Secretary determines— "(A) is for a medical or other item or service that the person knows or has reason to know was not provided as o,, - claimed, "(B) is for a medical or other item or service and the person knows or has reason to know the claim is false or ^ fraudulent, "(C) is presented for a physician's service (or an item or service incident to a physician's service) by a person who knows or has reason to know that the individual who furnished (or supervised the furnishing of) the service— "(i) was not licensed as a physician, "(ii) was licensed as a physician, but such license had ,, been obtained through a misrepresentation of material / \ fact (including cheating on an examination required for licensing), or "(iii) represented to the patient at the time the

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Page:United States Statutes at Large Volume 101 Part 1.djvu/717

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 687

service was furnished that the physician was certified in a medical specialty by a medical specialty board when the individual was not so certified, or "' "(D) is for a medical or other item or service furnished during a period in which the person was excluded under the program under which the claim was made pursuant to a determination by the Secretary under this section or under section 1128, 1156, 116O0t>) (as in effect on September 2, Ante, p. 680; 42 1982), 1862(d) (as in effect on the date of the enactment of USin^iQon" o the Medicare and Medicaid Patient and Program Protection ^'^ ^^^ id^oc-9. Act of 1987), or 1866(b); or". Post, pp. 692,693. (2) Section 1128A(a)(2) is amended— (A) in subparagraph (B) by inserting "(or other requirement of a State plan under title XIX)" after "State agency", and 42 USC 1396. (B) by inserting at the end "or (D) an agreement pursuant to section 1866(a)(l)(G), or". (3) Subsection (a) of section 1128A is further amended— (A) by inserting after paragraph (2) and before the end matter of such subsection the following new paragraph: "(3) gives to any person, with respect to coverage under title XVIII of inpatient hospital services subject to the provisions of 42 USC 1395. section 1886, information that he knows or has reason to know Post, p. 693. is false or misleading, and that could reasonably be expected to influence the decision when to discharge such person or another individual from the hospital;", and (B) in the matter following paragraph (3)— (i) by inserting "(or, in cases under paragraph (3), $15,000 for each individual with respect to whom false or misleading information was given)" before the period at the end of the first sentence, and t. (ii) by adding at the end thereof the following new sentence: "In addition the Secretary may make a determination in the same proceeding to exclude the person from participation in the programs under title XVIII and to direct the appropriate State agency to exclude the person from participation in any State health care program.". (b) STATUTE OF LIMITATION ON ACTIONS.—Subsection (c)(l) of section 1128A (as redesignated by section 9313(c)(l)(D) of the Omnibus ,,. Budget Reconciliation Act of 1986) is amended by adding at the end the following new sentences: "The Secretary may not initiate an action under this section with respect to any claim later than six years after the date the claim was presented. The Secretary may initiate an action under this section by serving notice of the action in any manner authorized by Rule 4 of the Federal Rules of Civil Procedure.". 28 USC app. (c) CONFORMING AMENDMENT.—Subsections (c), (d), (g), and (h) of

section 1128A are each amended by striking "penalty or assessment" and inserting "penalty, assessment, or exclusion each place it appears. (d) PRO-RATED PAYMENT OF RECOVERIES TO STATE AGENCIES.—

Subsection (f)(1)(A) of section 1128A is amended by striking "equal to the State's share of the amount paid by the State agency and inserting "bearing the same proportion to the total amount recovered as the State's share of the amount paid by the State agency for such claim bears to the total amount paid". (e) NOTICE TO STATE AGENCIES.—Subsection (h) of section 1128A is

further amended by inserting "the appropriate State agency or agencies administering or supervising the administration of State

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Page:United States Statutes at Large Volume 101 Part 1.djvu/718

 101 STAT. 688 Ante, p. 680.

PUBLIC LAW 100-93—AUG. 18, 1987

health care programs (as defined in section 1128(h))," after "professional organization,", (f) APPLICATION OF SUBPOENA POWER AND INJUNCTIVE POWERS.—

Ante, p. 686.

Section 1128A is further amended by adding at the end the following new subsections: 42 USC 405. "(j) The provisions of subsections (d) and (e) of section 205 shall apply with respect to this section to the same extent as they are applicable with respect to title II. The Secretary may delegate the ^4 authority granted by section 205(d) (as made applicable to this section) to the Inspector General of the Department of Health and section. "(k) Whenever the Secretary has reason to believe that any person A'.,: • 1 5't has engaged, is engaging, or is about to engage in any activity which makes the person subject to a civil monetary penalty under this section, the Secretary may bring an action in an appropriate district court of the United States (or, if applicable, a United States court of any territory) to enjoin such activity, or to enjoin the person from concealing, removing, encumbering, or disposing of assets which may be required in order to pay a civil monetary penalty if any such ' "
 * ......,,.,, Human Services for purposes of any investigation under this
 * - J penalty were to be imposed or to seek other appropriate relief.".

SEC. 4. CRIMINAL PENALTIES FOR ACTS INVOLVING MEDICARE AND STATE HEALTH CARE PROGRAMS.

(a) TECHNICAL AMENDMENTS.—Section 1909 (42 U.S.C. 1396h) is amended— > (1) by amending the heading to read as follows: ,

" C R I M I N A L PENALTIES FOR ACTS I N V O L VI N G M E D I C A R E OR STATE

HEALTH CARE PROGRAMS";

42 USC 1395.

42 USC 1396.

Contracts.

(2) in subsection (a)(1), by striking "a State plan approved under this title" and inserting "a program under title XVIII or a State health care program (as defined in section 1128(h))"; (3) in the matter in subsection (a) following paragraph (4), by striking "this title" the first place it appears and inserting "the program"; (4) in the last sentence of subsection (a), by striking "this title" the first place it appears and inserting "title XIX", and by striking "this title" the second place it appears and inserting "that title"; (5) in paragraphs (1)(A), (1)(B), (2)(A), (2)(B), and (3)(A) of subsection (b), by striking "this title" and inserting "title XVIII or a State health care program" each place it appears; (6) in subsection (b)(3)— (A) by striking "and" at the end of subparagraph (A), (B) by striking the period at the end of subparagraph (B) and inserting "; and", and (C) by adding at the end the following: "(C) any amount paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities who are furnishing services reimbursed under title XVIII or a State health care program if— "(i) the person has a written contract, with each such individual or entity, which specifies the amount to be paid the person, which amount may be a fixed amount or a fixed

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Page:United States Statutes at Large Volume 101 Part 1.djvu/719

 PUBLIC LAW 100-93—AUG. 18, 1987

^

101 STAT. 689

percentage of the value of the purchases made by each such individual or entity under the contract, and "(ii) in the case of an entity that is a provider of services (as defined in section 1861(u)), the person discloses (in such form and manner as the Secretary requires) to the entity and, upon request, to the Secretary the amount received from each such vendor with respect to purchases made by or on behalf of the entity.''; (7) in subsection (c), by striking "or home health agency (as those terms are employed in this title)" and inserting "home health agency, or other entity for which certification is required under title XVIII or a State health care program"; and (8) in subsection (d), by striking "this title" and inserting "title XIX" each place it appears.

42 USC I395x.

42 USC 1395. 42 USC 1396.

(b) CRIMINAL PENALTIES FOR PHYSICIAN MISREPRESENTATIONS.—

Subsection (a) of such section is further amended— (1) by striking "or" at the end of paragraph (3), (2) by inserting "or" at the end of paragraph (4), and (3) by inserting after paragraph (4) the following new paragraph: "(5) presents or causes to be presented a claim for a physi- Claims. clan's service for which payment may be made under a program under title XVIII or a State health care program and knows that the individual who furnished the service was not licensed as a physician,". (c) REDESIGNATION OF SECTION 1877(d) AS SECTION 1128B(e).— Subsection (d) of section 1877 (42 U.S.C. 1395nn) is redesignated as subsection (e) and is transferred and inserted in section 1909 at the 42 USC 1396h. end thereof. (d) REDESIGNATION OF SECTION 1909 AS SECTION 1128B.—Section

1909, as amended by subsections (a), (b), and (c) of this section, is redesignated as section 1128B and is transferred to title XI and inserted immediately after section 1128A. (e) REPEAL.—Section 1877 (other than subsection (d) thereof which was transferred under subsection (c) of this section) is repealed.

42 USC 1320a-7b. 42 USC 1301.

SEC. 5. INFORMATION CONCERNING SANCTIONS TAKEN BY STATE LICENSING AUTHORITIES AGAINST HEALTH CARE PRACTITIONERS AND PROVIDERS.

(a) MEDICAID PLAN REQUIREMENT.—Section 1902(a) (42 U.S.C. 1396a(a)) is amended— (1) by striking "and" at the end of paragraph (46), (2) by striking the period at the end of the paragraph (47) added by section 9407(a) of the Omnibus Budget Reconciliation Act of 1986 and inserting a semicolon and transferring and inserting such paragraph after paragraph (46), (3) by striking the period at the end of the paragraph (47) added by section 11005(b) of the Anti-Drug Abuse Act of 1986 and inserting "; and", by redesignating such paragraph as ^ paragraph (48), and by transferring and inserting such paragraph after paragraph (47), and (4) by inserting after paragraph (48) the following new paragraph: "(49) provide that the State will provide information and access to certain information respecting sanctions taken against " health care practitioners and providers by State licensing authorities in accordance with section 1921.".

Post, pp. 691,694.

42 USC I396a. 42 USC I396a. i 'a
 * yi ^ ^^sh,
 * ^)ba '<^

Post, p. 690.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/720

 101 STAT. 690

PUBLIC LAW 100-93—AUG. 18, 1987 (b) INFORMATION REQUIRED.—Title XIX is amended by redesignat-

42 USC 1396s.

ing section 1921 as section 1922 and inserting after section 1920 the following new section: "INFORMATION CONCERNING SANCTIONS TAKEN BY STATE LICENSING AUTHORITIES AGAINST HEALTH CARE PRACTITIONERS AND PROVIDERS

42 USC 1396r-2.

"SEC.

1921. (a) INFORMATION REPORTING REQUIREMENT.—The

Ante, p. 689; requirement referred to in section 1902(a)(49) is that the State must post, pp. 691,694. provide for the following: "(1) INFORMATION REPORTING SYSTEM.—The State must have '' ' in effect a system of reporting the following information with respect to formal proceedings (as defined by the Secretary in regulations) concluded against a health care practitioner or entity by any authority of the State (or of a political subdivision thereof) responsible for the licensing of health care practitioners or entities: "(A) Any adverse action taken by such licensing authority as a result of the proceeding, including any revocation or suspension of a license (and the length of any such suspension), reprimand, censure, or probation. "(B) Any dismissal or closure of the proceedings by reason of the practitioner or entity surrendering the license or leaving the State or jurisdiction. "(C) Any other loss of the license of the practitioner or entity, whether by operation of law, voluntary surrender, or otherwise. ' ' ' "(2) ACCESS TO DOCUMENTS.—The State must provide the Secretary (or an entity designated by the Secretary) with access to such documents of the authority described in paragraph (1) as ^'1 may be necessary for the Secretary to determine the facts and circumstances concerning the actions and determinations described in such paragraph for the purpose of carrying out this Act. "(b) FORM OF INFORMATION.—The information described in subsection (a)(1) shall be provided to the Secretary (or to an appropriate private or public agency, under suitable arrangements made by the Secretary with respect to receipt, storage, protection of confidentiality, and dissemination of information) in such a form and manner as the Secretary determines to be appropriate in order to provide for activities of the Secretary under this Act and in order to provide, directly or through suitable arrangements made by the Secretary, information— "(1) to agencies administering Federal health care programs, including private entities administering such programs under contract,, "(2) to licensing authorities described in subsection (a)(1), "(3) to State agencies administering or supervising the administration of State health care programs (as defined in section 1128(h)), Ante, p. 680. If "(4) to utilization and quality control peer review organiza42 USC 1320c. tions described in part B of title XI and to appropriate entities 42 USC 1320C-3. with contracts under section 1154(a)(4)(C) with respect to eligible organizations reviewed under the contracts, "(5) to State medicaid fraud control units (as defined in 42USe 1396b. section 1903(q)), ..s ' = >i.. j ^ - .v i
 * t? c ^

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Page:United States Statutes at Large Volume 101 Part 1.djvu/721

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 691

"(6) to hospitals and other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986), with respect to physicians or other licensed health care practitioners that have entered (or may be entering) into an employment or affiliation relationship with, or have applied for .; clinical privileges or appointments to the medical staff of, such hospitals or other health care entities (and such information shall be deemed to be disclosed pursuant to section 427 of, and b be subject to the provisions of, that Act), "(7) to the Attorney General and such other law enforcement officials as the Secretary deems appropriate, and "(8) upon request, to the Comptroller General, in order for such authorities to determine the fitness of individuals to provide health care services, to protect the health and safety of individuals receiving health care through such programs, and to protect the fiscal integrity of such programs.

Health care facilities. 42 USC 11151.

42 USC 11137.

"(c) CONFIDENTIALITY OF INFORMATION PROVIDED.—The Secretary

shall provide for suitable safeguards for the confidentiality of the information furnished under subsection (a). Nothing in this subsection shall prevent the disclosure of such information by a party which is otherwise authorized, under applicable State law, to make such disclosure. "(d) APPROPRIATE COORDINATION.—The Secretary shall provide for the maximum appropriate coordination in the implementation of subsection (a) of this section and section 422 of the Health Care Quality Improvement Act of 1986.".

42 USC 11132.

SEC. 6. OBLKJATION OV H P: A L T H CARE PRACTITIONERS AM) PROVIDERS.

Section 1156 (42 U.S.C. 1320c-5) is amended— (1) by striking "title XVIII" and "such title" in subsection (a) and inserting "this Act" in each instance, and (2) by striking "title XVIII" in subsection (b) and inserting "this Act" each place it appears. SEC. 7. EXCLUSION UNDER THE MEDICAID PROGRAM.

Section 1902 (42 U.S.C. 1396b) is amended by redesignating the subsection (1) added by section 3(b) of the Employment Opportunities for Disabled Americans Act as subsection (o) and by inserting after 42 USC 1396a; ante, p. 689. such subsection the following new subsection: "(p)(l) In addition to any other authority, a State may exclude any individual or entity for purposes of participating under the State plan under this title for any reason for which the Secretary could exclude the individual or entity from participation in a program under title XVIII under section 1128, 1128A, or 1866(b)(2). 42 USC 1395; "(2) In order for a State to receive payments for medical assistance ante, p. 680; under section 1903(a), with respect to payments the State makes to a 42 USC 1370a-7a, health maintenance organization (as defined in section 1903(m)) or 1395CC. to an entity furnishing services under a waiver approved under 42 USC 1396b. section 1915(b)(1), the State must provide that it will exclude from 42 USC 1396n. participation, as such an organization or entity, any organization or entity that— "(A) could be excluded under section 1128(b)(8) (relating to owners and managing employees who have been convicted of certain crimes or received other sanctions), or "(B) has, directly or indirectly, a substantial contractual rela- Contracts. tionship (as defined by the Secretary) with an individual or entity that is described in section 1128(b)(8)(B).

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 101 STAT. 692 "^^^^ '• '"-'-

PUBLIC LAW 100-93—AUG. 18, 1987

"(3) As used in this subsection, the term 'exclude' includes the refusal to enter into or renew a participation agreement or the termination of such an agreement.". SEC. 8. MISCKLLANEOUS AM) CONFORMING AMENDMENTS.

^ ^

'

^rate,pp. 680, 686.

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' '

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aasijn.

(a) MATERNAL AND CHILD HEALTH PROGRAM.—Section 504(b) (42 U.S.C. 704(b)) is amended— (1) by striking "or" at the end of paragraph (4), '^^' inserting "; or", and (3) by adding at the end thereof the following new paragraph: "(6) payment for any item or service (other than an emer, ' gency item or service) furnished— •' "(A) by an individual or entity during the period when ' > such individual or entity is excluded pursuant to section 1128 or section 1128A from participation in the program under this title, or "(B) at the medical direction or on the prescription of a physician during the period when the physician is excluded pursuant to section 1128 or section 1128A from participa•^hj^ > tion in the program under this title and when the person furnishing such item or service knew or had reason to know ^^' of the exclusion (after a reasonable time period after reasonable notice has been furnished to the person).". (b) DISCLOSURE REQUIREMENTS.—(1) Subsection (a) of section 1126 (42 U.S.C. 1320a-5) is amended— (A) in the first sentence, by striking "or other institution" and all that follows through the period at the end and inserting "or other entity (other than an individual practitioner or group of ~' practitioners) shall be required to disclose to the Secretary or to the appropriate State agency the name of any person that is a ^>'' person described in subparagraphs (A) and (B) of section 1128(b)(8).", and (B) in the second sentence, by striking "institution, organization, or agency" and inserting ' entity". (2) Subsection (b) of such section is amended by striking "institution, organization, or agency" and inserting "entity" each place it appears. (c) MEDICARE PAYMENTS.—(1) Section 1862 (42 U.S.C. 1395y) is amended— ', ' (A) by repealing subsection (d), and (B) by amending subsection (e) to read as follows: "(e) No payment may be made under this title with respect to any item or service (other than an emergency item or service) furnished— "(1) by an individual or entity during the period when such individual or entity is excluded pursuant to section 1128 or section 1128A from participation in the program under this title; or •f> "(2) at the medical direction or on the prescription of a physician during the period when he is excluded pursuant to ^'' section 1128 or section 1128A from participation in the program '•J ' under this title and when the person furnishing such item or service knew or had reason to know of the exclusion (after a reasonable time period after reasonable notice has been furnished to the person).". (2) Section 1842(j) (42 U.S.C. 1395u(j)) is amended—
 * (2) by striking the period at the end of paragraph (5) and

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Page:United States Statutes at Large Volume 101 Part 1.djvu/723

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 693

(A) in paragraph (2)— (i) by amending subparagraph (A) to read as follows: "(A) excluding a physician from participation in the programs under this title for a period not to exceed 5 years, in accordance with the procedures of subsections (c), (f), and (g) of section 1128, or", and (ii) by striking "barred from participation in the program" in the second sentence and inserting "excluded from participation in the programs"; and (B) by striking "bar" in paragraph (3)(A) and inserting "exclude". (3) Section l'862(h)(4) (42 U.S.C. 1395y(h)(4)) is amended by striking "paragraphs (2) and (3) of subsection (d)" and inserting "subsections (c), (0, and (g) of section 1128". (4) Paragraph (3) of section 1886(f) (42 U.S.C. 1395ww(f)) is amended to read as follows: "(3) The provisions of subsections (c) through (g) of section 1128 shall apply to determinations made under paragraph (2) in the same manner as they apply to exclusions effected under section 1128(b)(13).".

Ante, p. 680.

(d) TERMINATION OF PROVIDER AGREEMENTS UNDER MEDICARE.—

Section 1866 (42 U.S.C. 1395cc) is amended— (1) in subsection (a)— (A) by striking paragraph (3), and (B) by redesignating paragraph (4) as paragraph (3); (2) by amending subsection (b) to read as follows: "(b)(1) A provider of services may terminate an agreement with the Secretary under this section at such time and upon such notice to the Secretary and the public as may be provided in regulations, except that notice of more than six months shall not be required. "(2) The Secretary may refuse to enter into an agreement under this section or, upon such reasonable notice to the provider and the public as may be specified in regulations, may refuse to renew or - i -»^ may terminate such an agreement after the Secretary— "(A) has determined that the provider fails to comply substantially with the provisions of the agreement, with the provisions of this title and regulations thereunder, or with a corrective action required under section 1886(f)(2)(B), "(B) has determined that the provider fails substantially to meet the applicable provisions of section 1861, or 42 USC 1395x. "(C) has excluded the provider from participation in a program under this title pursuant to section 1128 or section 1128A. 42 USC "(3) A termination of an agreement or a refusal to renew an 1320a-7a. agreement under this subsection shall become effective on the same date and in the same manner as an exclusion from participation under the programs under this title becomes effective under section 1128(c)."; (3) in paragraphs (1) and (3) of subsection (c), by striking "an agreement filed under this title by a provider of services has been terminated by the Secretary" and inserting "the Secretary has terminated or has refused to renew an agreement under this title with a provider of services"; (4) by inserting "or nonrenewal" in subsection (c) after "termination" each place it appears; and (5) by adding at the end the following new subsection: "(h)(1) Except as provided in paragraph (2), an institution or agency dissatisfied with a determination by the Secretary that it is

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Page:United States Statutes at Large Volume 101 Part 1.djvu/724

 101 STAT. 694

42 USC 405. Ante, p. 680.

PUBLIC LAW 100-93—AUG. 18, 1987

not a provider of services or with a determination described in subsection (b)(2) shall be entitled to a hearing thereon by the Secretary (after reasonable notice) 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). "(2) An institution or agency is not entitled to separate notice and opportunity for a hearing under both section 1128 and this section with respect to a determination or determinations based on the same underlying facts and issues.", (e) CONFORMING AMENDMENT.—Section 1869 (42 U.S.C. 1395ff) is

42 USC 1396a; ante, pp. 689,

amended by striking subsection (c). (f) MEDICAID PLAN REVISIONS.—Section 1902(a) (42 U.S.C. l396b(a)) jg amended— (1) in paragraph (23), by inserting "subsection (g) and in" after "except as provided in", (2) in paragraph (38), by striking "respectively, (A)" and all that follows up to the semicolon at the end and inserting "the information described in section 1128(b)(9)", and (3) in paragraph (39)— ->.L,> (A) by striking "bar" and inserting "exclude", (B) by striking "person" and inserting "individual or entity" each place it appears, and (C) by inserting "or section 1128A" after "section 1128". (g) DENIAL OF FEDERAL FINANCIAL PARTICIPATION UNDER MEDIC-

AID.—Paragraph (2) of section 1903(i) (42 U.S.C. 1396b(i)) is amended to read as follows: "(2) with respect to any amount expended for an item or service (other than an emergency item or service) furnished— "(A) under the plan by any individual or entity during any period when the individual or entity is excluded from participation in the State plan under this title pursuant to Ante, p. 68d. ,, section 1128 or section 1128A, or "(B) at the medical direction or on the prescription of a physician, during the period when such physician is exf. r eluded pursuant to section 1128 or section 1128A from participation in the program under this title and when the person furnishing such item or service knew or had reason . A T to know of the exclusion (after a reasonable time period after reasonable notice has been furnished to the person).". (h) MEDICAID CONFORMING AMENDMENTS.—(1) Subsection (n) of section 1903 (42 U.S.C. 1396b) is repealed. (2) Paragraph (2) of section 1915(a) (42 U.S.C. 1396n(a)) is amended to read as follows: "(2) Restricts for a reasonable period of time the provider or providers from which an individual (eligible for medical assistance for items or services under the State plan) can receive such items or services, if— "(A) the State has found, after notice and opportunity for a hearing (in accordance with procedures established by the State), that the individual has utilized such items or services at a frequency or amount not medically necessary (as {?jl determined in accordance with utilization guidelines established by the State), and "(B) under such restriction, individuals eligible for medico cal assistance for such services have reasonable access ?f (taking into account geographic location and reasonable travel time) to such services of adequate quality.".
 * r,;:;.;;::.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/725

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 695

(i) TITLE XX.—Section 2005(a) (42 U.S.C. 1397d(a)) is amended— (1) by striking "or" at the end of paragraph (7), (2) by striking the period at the end of paragraph (8) and inserting "; or", and (3) by adding at the end thereof the following new paragraph: "(9) for payment for any item or service (other than an emergency item or service) furnished— "(A) by an individual or entity during the period when such individual or entity is excluded pursuant to section 1128 or section 1128A from participation in the program Ante, pp. 680, under this title, or 689. "(B) at the medical direction or on the prescription of a physician during the period when the physician is excluded ' pursuant to section 1128 or section 1128A from participation in the program under this title and when the person furnishing such item or service knew or had reason to know of the exclusion (after a reasonable time period after reasonable notice has been furnished to the person).", (j) DENIAL, REVOCATION, OR SUSPENSION OF REGISTRATION TO MANUFACTURE, DISTRIBUTE, OR DISPENSE A CONTROLLED SUBSTANCE FOR ENTITIES EXCLUDED FROM THE MEDICARE PROGRAM.—Section

304(a) of the Controlled Substances Act (21 U.S.C. 824(a)) is amended— (1) by striking "or" at the end of paragraph (3), (2) by striking the period at the end of paragraph (4) and inserting "; or", and (3) by inserting after paragraph (4) the following new paragraph: "(5) has been excluded (or directed to be excluded) from participation in a program pursuant to section 1128(a) of the Social Security Act..

' -

.SEC. 9. CLARIFICATION OF MEDICAID MORATORIUM PROVISIONS OF DEFICIT REDUCTION ACT OF 1984.

Section 2373(c) of the Deficit Reduction Act of 1984 (Public Law State and local governments. 98-369; 98 Stat. 1112) is amended to read as follows: "(c)(1) The Secretary of Health and Human Services shall not take 42 USC 1396a note. any compliance, disallowance, penalty, or other regulatory action against a State with respect to the moratorium period described in paragraph (2) by reason of such State's plan described in paragraph (5) under title XIX of the Social Security Act (including any part of 42 USC 1396. the plan operating pursuant to section 1902(f) of such Act), or the 42 USC 1396a. operation thereunder, being determined to be in violation of clause (IV), (V), or (VI) of section 1902(a)(10)(A)(ii) or section 1902(a)(10)(C)(i)(III) of such Act on account of such plan's (or its operation) having a standard or methodology which the Secretary interprets as being less restrictive than the standard or methodology ' r, required under such section, provided that such plan (or its operation) does not make ineligible any individual who would be eligible but for the provisions of this subsection. "(2) The moratorium period is the period beginning on October 1, 1981, and ending 18 months after the date on which the Secretary submits the report required under paragraph (3). "(3) The Secretary shall report to the Congress within 12 months Reports. after the date of the enactment of this Act with respect to the appropriateness, and impact on States and recipients of medical assistance, of applying standards and methodologies utilized in cash

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Page:United States Statutes at Large Volume 101 Part 1.djvu/726

 101 STAT. 696

Ante, pp. 689, 694.

PUBLIC LAW 100-93—AUG. 18, 1987

assistance programs to those recipients of medical assistance who do not receive cash assistance, and any recommendations for changes in such requirements. "(4) No provision of law shall repeal or suspend the moratorium imposed by this subsection unless such provision specifically amends or repeals this subsection. "(5) In this subsection, a State plan is considered to include— "(A) any amendment or other change in the plan which is submitted by a State, or "(B) any policy or guideline delineated in the Medicaid operation or program manuals of the State which are submitted by the State to the Secretary, whether before or after the date of enactment of this Act and whether or not the amendment or change, or the operating or program manual was approved, disapproved, acted upon, or not acted upon by the Secretary. "(6) During the moratorium period, the Secretary shall implement (and shall not change by any administrative action) the policy in effect at the beginning of such moratorium period with respect to— "(A) the point in time at which an institutionalized individual must sell his home (in order that it not be counted as a resource); and "(B) the time period allowed for sale of a home of any such individual, who is an applicant for or recipient of medical assistance under the State plan as a medically needy individual (described in section 1902(a)(10)(C) of the Social Security Act) or as an optional categorically needy individual (described in section 1902(a)(10)(A)(ii) of such Act).". SEC. 10. LIMITATION OF LIABILITY OF MEDICARE BENEFICIARIES WITH RESPECT TO SERVICES FURNISHED BY EXCLUDED INDIVIDUALS AND ENTITIES.

Title XVIII is amended by adding at the end the following new section: LIMITATION OF LIABILITY OF BENEFICIARIES WITH RESPECT TO SERVICES FURNISHED BY EXCLUDED INDIVIDUALS AND ENTITIES Claims. 42 USC 1395aaa. Ante, pp. 680, 689; 42 USC 1320C-5. 42 USC 1320C-9. Ante, pp. 692, 693.

"SEC. 1890. Where an individual eligible for benefits under this title submits a claim for payment for items or services furnished by an individual or entity excluded from participation in the programs under this title, pursuant to section 1128, 1128A, 1156, 1160 (as in effect on September 2, 1982), 1862(d) (as in effect on the date of the enactment of the Medicare and Medicaid Patient and Program Protection Act of 1987), or 1866, and such beneficiary did not know or have reason to know that such individual or entity was so excluded, then, to the extent permitted by this title, and notwithstanding such exclusion, payment shall be made for such items or services. In each such case the Secretary shall notify the beneficiary of the exclusion of the individual or entity furnishing the items or services. Payment shall not be made for items or services furnished by an excluded individual or entity to a beneficiary after a reasonable time (as determined by the Secretary in regulations) after the Secretary has notified the beneficiary of the exclusion of that individual or entity.". .,

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Page:United States Statutes at Large Volume 101 Part 1.djvu/727

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 697

SEC. 11. DEFINITION OF PERSON WITH OWNERSHIP OR CONTROL INTEREST.

Section 1124(a)(3)(A)(ii) (42 U.S.C. 1320a-3(a)(3)(A)(ii)) is amended by striking "$25,000 or". SEC. 12. CONDITIONAL APPROVAL OF RENAL DIALYSIS FACILITIES.

Section 1881 (42 U.S.C. 1395rr) is amended by adding at the end the following new subsection: "(h)(1) In any case where the Secretary— "(A) finds that a renal dialysis facility is not in substantial compliance with requirements for such facilities prescribed " under subsection (b)(1)(A), "(B) finds that the facility's deficiencies do not immediately ' jeopardize the health and safety of patients, and "• "(C) has given the facility a reasonable opportunity to correct its deficiencies, the Secretary may, in lieu of terminating approval of the facility, determine that payment under this title shall be made to the facility only for services furnished to individuals who were patients of the facility before the effective date of the notice. "(2) The Secretary's decision to restrict payments under this subsection shall be made effective only after such notice to the public and to the facility as may be prescribed in regulations, and shall remain in effect until (A) the Secretary finds that the facility is in substantial compliance with the requirements under subsection (b)(1)(A), or (B) the Secretary terminates the agreement under this title with the facility. "(3) A facility dissatisfied with a determination by the Secretary under paragraph (1) shall be entitled to a hearing thereon by the Secretary (after reasonable notice) to the same extent as is provided in section 205(b), and to judicial review of the Secretary's final 42 USC 405. decision after such hearing as is provided in section 205(g).". SEC. 13. AMENDMENT RELATING TO FRAUD INVOLVING MEDICARE SUPPLEMENTAL INSURANCE.

Section 1882(d)(1) (42 U.S.C. 1395ss(d)(l)) is amended by striking "knowingly or willfully" and inserting "knowingly and willfully'. SEC. 14. STANDARDS FOR ANTI-KICKBACK PROVISIONS.

(a) REGULATIONS.—The Secretary of Health and Human Services, 42 USC 1320a-7b in consultation with the Attorney General, not later than 1 year note. after the date of the enactment of this Act shall publish proposed regulations, and not later than 2 years after the date of the enactment of this Act shall promulgate final regulations, specifying payment practices that shall not be treated as a criminal offense under section 1128B(b) of the Social Security Act and shall not serve Ante, p. 689. as the basis for an exclusion under section 11280t>)(7) of such Act. Ante, p. 680. Any practices specified in regulations pursuant to the preceding sentence shall be in addition to the practices described in subparagraphs (A) through (C) of section 1128B(b)(3). (b) CRIMINAL VIOLATION.—Section 1128B(b)(3), as amended and 42 USC redesignated by section 4 of this Act, is further amended— 1320a-7b. (1) by striking "and" at the end of subparagraph (B), (2) by striking the period at the end of subparagraph (C) and inserting "; and", and (3) by adding at the end thereof the following new subparagraph:

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 101 STAT. 698

PUBLIC LAW 100-93—AUG. 18, 1987 "(D) any payment practice specified by the Secretary in regulations promulgated pursuant to section 14(a) of the Medicare and Medicaid Patient and Program Protection Act of 1987.".

42 USC 1320a-7 note.

SEC. 15. EFFECTIVE DATES.

(a) IN GENERAL.—Except as provided in subsections (b), (c), (d), and (e), the amendments made by this Act shall become effective at the end of the fourteen-day period beginning on the date of the enactment of this Act and shall not apply to administrative proceedings commenced before the end of such period. (b) MANDATORY MINIMUM EXCLUSIONS APPLY PROSPECTIVELY.—

Ante, p. 680.

Section 1128(c)(3)(B) of the Social Security Act (as amended by this Act), which requires an exclusion of not less than five years in the case of certain exclusions, shall not apply to exclusions based on convictions occurring before the date of the enactment of this Act. (c) EFFECTIVE DATE FOR CHANGES IN MEDICAID LAW.—(1)

42 USC 1396.

State and local governments.

Claims.

Ante, p. 695.

The

amendments made by sections 5 and 8(f) apply (except as provided under paragraph (2)) to payments under title XIX of the Social Security Act for calendar quarters beginning more than thirty days after the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendment have been published by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. (3) Subsection (j) of section 1128A of the Social Security Act (as added by section 3(f) of this Act) takes effect on the date of the enactment of this Act. (d) PHYSICIAN MISREPRESENTATIONS.—Clauses (ii) and (iii) of section 1128A(a)(l)(C) of the Social Security Act, as amended by section 3(a)(1) of this Act, apply to claims presented for services performed on or after the effective date specified in subsection (a), without regard to the date the misrepresentation of fact was made. (e) CLARIFICATION OF MEDICAID MORATORIUM.—The amendments made by section 9 of this Act shall apply as though they were originally included in the enactment of section 2373(c) of the Deficit Reduction Act of 1984.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/729

 PUBLIC LAW 100-93—AUG. 18, 1987

101 STAT. 699

(f) TREATMENT OF CERTAIN DENIALS OF PAYMENT.—For purposes of section 1128(b)(8)(B)(iii) of the Social Security Act (as amended by section 2 of this Act), a person shall be considered to have been excluded from participation under a program under title XVIII if payment to the person has been denied under section 1862(d) of the Social Security Act, as in effect before the effective date specified in subsection (a).

42 USC 1395.

Approved August 18, 1987.

3 A""'^^

k^mi'--

LEGISLATIVE HISTORY—H.R. 1444 (S. 661): HOUSE REPORTS: No. 100-85, Pt. 1 (Comm. on Energy and Commerce) and Pt. 2 (Comm. on Ways and Means). SENATE REPORTS: No. 100-109 accompanying S. 661 (Comm. on Finance). C O N G R E S S I O N A L R E C O R D, Vol.

133 (1987):

June 1, 2, considered and passed House. July 23, considered and passed Senate, amended, in lieu of S. 661. July 30, House concurred in Senate amendment.

Ante, p. 692.

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Page:The Yellow Book - 06.djvu/110

 and the other man dropped his head and appeared to sleep. Then Darkey dozed a little and heard in his waking sleep the heavy, crunching tread of an approaching park-keeper; he started up to warn his companion, but thought better of it, and closed his eyes again.

"Now then, there," the park-keeper shouted to the man with the sailor hat, "get up! This ain't a fourpenny doss, you know. No lying down." A rough shake accompanied the words, and the man sat up.

"All right, my friend." The keeper, who was a good-humoured man, passed on without further objurgation.

The face of the younger man had grown whiter.

"Look here, Darkey," he said, "I believe I'm done for." "Never say die."

"No, just die without speaking." His head fell forward and his eyes closed.

"At any rate, this is better than some deaths I've seen," he began again with a strange accession of liveliness. "Darkey, did I tell you the story of the five Japanese girls?"

"What, in Suez Bay?" said Darkey, who had heard many sea stories during the last two days, and recollected them but hazily.

"No, man. This was at Nagasaki. We were taking in a cargo of coal for Hong Kong. Hundreds of little Jap girls pass the coal from hand to hand over the ship's side in tiny baskets that hold about a plateful. In that way you can get 3000 tons aboard in two days."

"Talking of platefuls reminds me of sausage and mash," said Darkey.

"Don't interrupt. Well, five of these gay little dolls wanted to go to Hong Kong, and they arranged with the Chinese sailors to stow away; I believe their friends paid those cold-blooded fiends

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Page:United States Statutes at Large Volume 101 Part 1.djvu/730

 101 STAT. 700

PUBLIC LAW 100-94—AUG. 18, 1987

Public Law 100-94 100th Congress An Act Aug. 18, 1987 [H.R. 2309]

' '

To amend the Christopher Columbus Quincentenary Jubilee Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REFERENCES.

Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Christopher Columbus Quincentenary Jubilee Act (Public Law 98-375; 98 Stat. 1257). SEC. 2. ADDITIONAL NONVOTING PARTICIPANT.

Section 3(c) is amended— (1) by inserting "(1)" after "(c)"; and (2) by adding at the end the following: "(2)(A) For purposes of this paragraph, the term 'country or other political entity' means any country or territory or successor political entity listed under section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2707(b)). "(B) In addition to the individuals under paragraph (1), the PresiPresident of U.S. dent is authorized and requested to invite the government of any country or other political entity recommended under subparagraph (D) to appoint 1 individual to serve as a nonvoting participant under this paragraph. "(C)(i) Not more than 1 country or other political entity may be represented under this paragraph at any time, and, except as provided in clause (ii), the term for which any such country or other entity may be so represented shall be 1 calendar year, beginning with calendar year 1988. "(ii) In the year in which the Commission terminates, the term of appointment under this paragraph shall end on the Commission's termination date. "(D) The Commission shall submit to the President, on an annual basis, the name of any country or other political entity which the Commission considers appropriate, except that— "(i) no country or other political entity may be represented under this paragraph more than once; and "(ii) the first country to be recommended under this subparaBahamas. graph shall be the Bahamas, which was the first place where Columbus landed in the course of his voyages of exploration.". 98 Stat. 1257.

SEC. 3. OFFICIAL REPRESENTATION EXPENSES. 98 Stat. 1259.

Section 6 is amended by adding at the end the following: "(f) In carrying out any functions or duties with respect to representatives of foreign governments, the Commission may, out of amounts available under section 7(a), expend not to exceed $7,500 in any calendar year.".

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 PUBLIC LAW 100-94—AUG. 18, 1987

101 STAT. 701

SEC. 4. INCREASE IN MAXIMUM DONATIONS ALLOWABLE.

Gifts and DroDGrty

Section 7(a) is amended to read as follows: 98 Stat. 1260. "(a) The Commission may accept donations of money, property, or personal services, except that— "(1) the aggregate amount of any donations which may be accepted from an individual in any year may not exceed $250,000; and "(2) the aggregate amount of any donations which may be accepted from a foreign government, corporation, partnership, rj,..; et/ or other person (other than an individual) in any year may not ^ ' exceed $1,000,000.". SEC. 5. APPOINTMENT OF STAFF. Section 8(b)(1) is amended to read as follows: 98 Stat. 1261. "(1) appoint and fix the compensation of such additional personnel as it deems advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and 5 USC 5101 et subchapter III of chapter 53 of such title relating to clsissifica- 1^?;^^ cooi ^ tion and General Schedule pay rates, except that— 5 ^^QQ 5332] 9f2

"(A) not to exceed 20 staff m e m b e r s appointed under t h i s

paragraph may be paid out of amounts available under oi fc section 11, and any individual appointed to a position funded in such manner may not be paid at a rate in excess of the rate for grade GS-18 of the General Schedule; and "(B) any other staff member appointed under this paragraph may be paid out of amounts available under section 7(a), and any individual appointed to a position funded in '1 such manner— "(i) shall be so designated at the time of such individual's appointment; and "(ii) shall not be considered an employee of the 'imq •-0 United States other than for purposes of— "(I) chapter 81 of title 5, United States Code, relating to compensation for work injuries; "(II) chapter 11 of title 18, United States Code, ^•' relating to bribery, graft, and conflicts of interest; and "(III) chapter 171 of title 28, United States Code, relating to tort claims.". SEC. 6. ADVISORY COMMITTEE MEMBERS. Section 9(b) is amended—

(1) by inserting "(1)" after "(b)"; (2) by inserting ", except as provided in paragraph (2)," after "compensation, and"; and (3) by adding at the end the following: "(2)(A) Persons appointed to advisory committees under section 8(b)(2) may, while away from their homes or regular places of business in the performance of services for the Commission, be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons employed intermittently in Government service. "(B) Any amount payable under subparagraph (A) shall be paid out of amounts available under section 7(a).".

Pos^, p. 703. 1 '-?£)'.

.{ 5 USC 8101 et ^eq. is use 201 et s«928 USC 2671 et sea.

98 Stat. I26i.

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