Page:United States Statutes at Large Volume 110 Part 3.djvu/298

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110 STAT. 2028 PUBLIC LAW 104-191—AUG. 21, 1996 "(A) IN GENERAL.— Not later than 24 months after the date on which an initial standard or implementation specification is adopted or established under sections 1172 and 1173, each person to whom the standard or implementation specification applies shall comply with the standard or specification. "(B) SPECIAL RULE FOR SMALL HEALTH PLANS.— In the case of a small health plan, paragraph (1) shall be applied by substituting '36 months' for *24 months'. For purposes of this subsection, the Secretary shall determine the plans that qualify as small health plans. "(2) COMPLL^NCE WITH MODIFIED STANDARDS. —I f the Secretary adopts a modification to a standard or implementation specification under this part, each person to whom the standard or implementation specification applies shall comply with the modified standard or implementation specification at such time as the Secretary determines appropriate, taking into account the time needed to comply due to the nature and extent of the modification. The time determined appropriate under the preceding sentence may not be earlier than the last day of the 180-day period, beginning on the date such modification is adopted. The Secretary may extend the time for compliance for small health plans, if the Secretary determines that such extension is appropriate. "(3) CONSTRUCTION.— Nothing in this subsection shall be construed to prohibit any person from complying with a standard or specification by— "(A) submitting nonstandard data elements to a health care clearinghouse for processing into standard data elements and transmission by the health care clearinghouse; or "(B) receiving standard data elements through a health care clearinghouse. "GENERAL PENALTY FOR FAILURE TO COMPLY WITH REQUIREMENTS AND STANDARDS 42 USC 1320d-5. "SEC. 1176. (a) GENERAL PENALTY.— "(1) IN GENERAL.— Except as provided in subsection (b), the Secretary shall impose on any person who violates a provision of this part a penalty of not more than $100 for each such violation, except that the total amount imposed on the person for all violations of an identical requirement or prohibition during a calendar year may not exceed $25,000. "(2) PROCEDURES.—The provisions of section 1128A (other than subsections (a) and (b) and the second sentence of subsection (f)) shall apply to the imposition of a civil money penalty under this subsection in the same manner as such provisions apply to the imposition of a penalty under such section 1128A. "(b) LIMITATIONS.— "(1) OFFENSES OTHERWISE PUNISHABLE.— A penalty may not be imposed under subsection (a) with respect to an act if the act constitutes an offense punishable under section 1177. "(2) NONCOMPLIANCE NOT DISCOVERED. —A penalty may not be imposed under subsection (a) with respect to a provision of this part if it is established to the satisfaction of the Secretary that the person liable for the penalty did not know, and by