Ill STAT. 396 PUBLIC LAW 105-33—AUG. 5, 1997 Publication. 42 USC 1320a-7e note. (b) LANGUAGE IN DEFINITION OF CONVICTION.— Section 1128E(g)(5) (42 U.S.C. 1320a-7e(g)(5)), as inserted by section 221(a) of the Health Insurance Portabihty and Accountability Act of 1996, is amended by striking "paragraph (4)" and inserting "paragraphs (1) through (4)". (c) IMPLEMENTATION OF EXCLUSIONS. —Section 1128 (42 U.S.C. 1320a-7) is amended— (1) in subsection (a), by striking "any program under title XVIII and shall direct that the following individuals and entities be excluded from participation in any State health care program (as defined in subsection (h))" and inserting "any Federal health care program (as defined in section 1128B(f))"; and (2) in subsection (b), by striking "any program under title XVIII and may direct that the following individuals and entities be excluded from participation in any State health care program" and inserting "any Federal health care program (as defined in section 1128B(f))". (d) SANCTIONS FOR FAILURE TO REPORT.— Section 1128E(b) (42 U.S.C. 1320a-7e(b)), as inserted by section 221(a) of the Health Insurance Portability and Accountability Act of 1996, is amended by adding at the end the following: " (6) SANCTIONS FOR FAILURE TO REPORT.— "(A) HEALTH PLANS. —Any health plan that fails to report information on an adverse action required to be reported under this subsection shall be subject to a civil money penalty of not more than $25,000 for each such adverse action not reported. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. "(B) GOVERNMENTAL AGENCIES. —The Secretary shall provide for a publication of a public report that identifies those Government agencies that have failed to report information on adverse actions as required to be reported under this subsection.". (e) CLARIFICATION OF TREATMENT OF CERTAIN WAIVERS AND PAYMENTS OF PREMIUMS.—Section 1128A(i)(6) (42 U.S.C. 1320a- 7a(i)(6)) is amended— (1) in subparagraph (A)(iii)— (A) in subclause (I), by adding "or" at the end; (B) in subclause (II), by striking "or" at the end; and (C) by striking subclause (III); (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D); and (3) by inserting after subparagraph (A) the following: "(B) any permissible waiver as specified in section 1128B(b)(3) or in regulations issued by the Secretary;". (f) EFFECTIVE DATES. — (1) IN GENERAL.— Except as provided in this subsection, the amendments made by this section shall be effective as if included in the enactment of the Health Insurance Portability and Accountability Act of 1996. (2) FEDERAL HEALTH PROGRAM.—The amendments made by subsection (c) shall take effect on the date of the enactment of this Act.
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