PUBLIC LAW 103-296—AUG. 15, 1994 108 STAT. 1515 "(ii) When redetermining the eligibility, or making an initial determination of eligibility, of an individual for benefits under this title, the Secretary shall disregard any evidence if there is reason to believe that fraud or similar fault was involved in the providing of such evidence. "(B) For purposes of subparagraph (A), similar fault is involved with respect to a determination if— "(i) an incorrect or incomplete statement that is material to the determination is knowingly made; or "(ii) information that is material to the determination is knowingly concealed. "(C) If, after redetermining the eligibility of an individual for benefits under this title, the Secretary determines that there is insufficient evidence to support such eligibility, the Secretary may terminate such eligibility and may treat benefits paid on the basis of such insufficient evidence as overpayments.". (3) EFFECTIVE DATE.— The amendments made by this sub- 42 USC 405 section shall take effect on October 1, 1994, and shall apply "°^® to determinations made before, on, or after such date. (e) AVAILABILITY OF RECIPIENT IDENTIFYING INFORMATION FROM THE INSPECTOR GENERAL. — (1) IN GENERAL.— Section 1129 of the Social Security Act (added by subsection (b) of this section) is amended by adding at the end the following: "(1) As soon as the Inspector General, Department of Health and Human Services, has reason to believe that fraud was involved in the application of an individual for monthly insurance benefits under title II or for benefits under title XVI, the Inspector General shall make available to the Secretary information identifying the individual, unless a United States attorney, or equivalent State prosecutor, with jurisdiction over potential or actual related criminal cases, certifies, in writing, that there is a substantial risk that making the information so available in a particular investigation or redetermining the eligibility of the individual for such benefits would jeopardize the criminal prosecution of any person who is a subject of the investigation from which the information is derived.". (2) EFFECTIVE DATE. —The amendment made by paragraph 42 USC i320a-8 (1) shall take effect on October 1, 1994. "°*^- (f) AUTHORITY TO USE AVAILABLE PREADMISSION IMMIGRANT AND REFUGEE MEDICAL INFORMATION. — (1) IN GENERAL.— Section 1631(e) of the Social Security Act (42 U.S.C. 1383(e)) as amended by subsection (d)(2) of this section, is amended by adding at the end the following: "(7)(A) The Secretary shall request the Immigration and Naturalization Service or the Centers for Disease Control to provide the Secretary with whatever medical information, identification information, and employment history either such entity has with respect to any alien who has applied for benefits under title XVI to the extent that the information is relevant to any determination relating to eligibility for such benefits under title XVI. "(B) Subparagraph (A) shall not be construed to prevent the Secretary from adjudicating the case before receiving such information.". (2) EFFECTIVE DATE.— The amendment made by paragraph 42 USC 1383 (1) shall take effect on October 1, 1994. "^^^
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