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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