110 STAT. 2004 PUBLIC LAW 104-191—AUG. 21, 1996 ability and Accountability Act of 1996, under Federal or State law— "(A) of a criminal offense consisting of a misdemeanor relating to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct— "(i) in connection with the delivery of a health care item or service, or "(ii) with respect to any act or omission in a health care program (other than those specifically described in subsection (a)(1)) operated by or financed in whole or in part by any Federal, State, or local government agency; or "(B) of a criminal offense relating to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct with respect to any act or omission in a program (other than a health care program) operated by or financed in whole or in part by any Federal, State, or local government agency.", (b) INDIVIDUAL CONVICTED OF FELONY RELATING TO CON- TROLLED SUBSTANCE.— (1) IN GENERAL.— Section 1128(a) (42 U.S.C. 1320a-7(a)), as amended by subsection (a), is amended by adding at the end the following new paragraph: "(4) FELONY CONVICTION RELATING TO CONTROLLED SUB- STANCE.— Any individual or entity that has been convicted for an offense which occurred after the date of the enactment of the Health Insurance Portability and Accountability Act of 1996, under Federal or State law, of a criminal offense consisting of a felony relating to the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance.". (2) CONFORMING AMENDMENT.— Section 1128(b)(3) (42 U.S.C. 1320a-7(b)(3)) is amended— (A) in the heading, by striking "CONVICTION" and inserting "MISDEMEANOR CONVICTION"; and , (B) by striking "criminal offense" and inserting "criminal offense consisting of a misdemeanor". SEC. 212. ESTABLISHMENT OF MINIMUM PERIOD OF EXCLUSION FOR CERTAIN INDIVIDUALS AND ENTITIES SUBJECT TO , PERMISSIVE EXCLUSION FROM MEDICARE AND STATE HEALTH CARE PROGRAMS. Section 1128(c)(3) (42 U.S.C. 1320a-7(c)(3)) is amended by adding at the end the following new subparagraphs: "(D) In the case of an exclusion of £m individual or entity under paragraph (1), (2), or (3) of subsection (b), the period of the exclusion shall be 3 years, unless the Secretary determines in accordance with published regulations that a shorter period is appropriate because of mitigating circumstances or that a longer period is appropriate because of aggravating circumstances. "(E) In the case of an exclusion of an individual or entity under subsection (b)(4) or (b)(5), the period of the exclusion shall not be less than the period during which the individual's or entity's license to provide health care is revoked, suspended, or surrendered, or the individual or the entity is excluded or suspended from a Federal or State health care program.
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