102 STAT. 774
PUBLIC LAW 100-360—JULY 1, 1988
(B) Section 1891(d)(2)(A) of the Social Security Act, as added by section 4022(a) of OBRA, is amended by striking "1991" and 42 USC 1395bbb. inserting "1992". (3) SECTION 4023.—(A) Section 4023 of OBRA is amended by 42 USC 1395bbb. inserting "(a) IN GENERAL.—" before "Section 1891". (B) Section 1891(0(2)(A) of the Social Security Act, as added by section 4023 of OBRA, is amended— (i) by moving the indentation of clauses (i) through (iii) (and the sentence following clause (iii)) 2 ems to the left, (ii) in clause (i), by striking "for each day of noncompliance" and inserting "in an amount not to exceed $10,000 for each day of noncompliance", and (iii) by inserting after and below clause (iii), the following: "The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under clause (i) in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a),". (C) Section 4023(b) of OBRA is amended by inserting before the period at the end the following: ", and no intermediate sanction described in section 1891(fK2XA) of such Act shall be imposed for violations occurring before such effective date". (4) SECTION 4025.—(A) Section 1864(a) of the Social Security Act is amended— 42 USC 1395aa. (i) in the first sentence added by section 4025(a) of OBRA, by striking "most recent accreditation survey conducted with respect to the agency," and inserting "most recent accreditation survey conducted by a State agency or private accreditation agency under section 1865 with respect to the home health agency,", and (ii) in the second sentence so added— (I) by inserting "such State or local" before "agency" the first place it appears, and (II) by striking "section 1864" and inserting "section 1865". 42 USC 1395aa (B) Section 4025 of OBRA is amended— note. (i) in subsection (b), by striking "subsection (a)" and inserting "this section" and by redesignating such subsection as subsection (c), and (ii) by inserting after subsection (a) the following new subsection: "(b) CONFORMING AMENDMENT.—The last sentence of section 1865(a) of such Act (42 U.S.C. 1395bb(a)) is amended by inserting '(other than a survey with respect to a home health agency' after 'any accreditation survey'.". (5) SECTION 4026.—(A) Section 1861(v)(l)(L)(iii) of the Social Security Act, as added by section 4026(a)(l) of OBRA, is 42 USC 1395x. amended— (i) by striking "audited" each place it appears and inserting "verified", and (ii) by adding at the end the following: "In the case of a home health agency that refuses to provide data, or Wages. deliberately provides false data, respecting wages for purposes of this clause upon the request of the Secretary, the Secretary may withhold up to 5 percent of the amount of the pa3anents otherwise payable to the agency under this title until such date as the Secretary determines that such data has been satisfactorily provided.".
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