Page:United States Statutes at Large Volume 113 Part 3.djvu/323

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PUBLIC LAW 106-169—DEC. 14, 1999 113 STAT. 1841 "(3) The Commissioner shall promptly notify each State agency employed for the purpose of making disability determinations under section 221 or 1633(a) of the fact and circumstances of each termination of exclusion made under this subsection. "(g) AVAILABILITY OF RECORDS OF EXCLUDED REPRESENTATIVES AND HEALTH CARE PROVIDERS. —Nothing in this section shall be construed to have the effect of limiting access by any applicant or beneficiary under title II or XVI, any State agency acting under section 221 or 1633(a), or the Commissioner to records maintained by any representative or health care provider in connection with services provided to the applicant or beneficiary prior to the exclusion of such representative or health care provider under this section. "(h) REPORTING REQUIREMENT.— Any representative or health care provider participating in, or seeking to participate in, a social security program shall inform the Commissioner, in such form and mginner as the Commissioner shall prescribe by regulation, whether such representative or health care provider has been convicted of a violation described in subsection (a). "(i) DELEGATION OF AUTHORITY. —The Commissioner may delegate authority granted by this section to the Inspector General. "(j) DEFINITIONS.— For purposes of this section: "(1) EXCLUDE. — The term 'exclude' from participation means— "(A) in connection with a representative, to prohibit from engaging in representation of an applicant for, or recipient of, benefits, as a representative payee under section 205(j) or section 1631(a)(2)(A)(ii), or otherwise as a representative, in any hearing or other proceeding relating to entitlement to benefits; and "(B) in connection with a health care provider, to prohibit from providing items or services to an applicant for, or recipient of, benefits for the purpose of assisting such applicant or recipient in demonstrating disability. "(2) SOCIAL SECURITY PROGRAM.— The term 'social security programs' means the program providing for monthly insurance benefits under title II, and the program providing for monthly supplemental security income benefits to individuals under title XVI (including State supplementary payments made by the Commissioner pursuant to an agreement under section 1616(a) of this Act or section 212(b) of Public Law 93-66). "(3) CONVICTED. —An individual is considered to have been 'convicted' of a violation— "(A) when a judgment of conviction has been entered against the individual by a Federal, State, or local court, except if the judgment of conviction has been set aside or expunged; "(B) when there has been a finding of guilt against the individual by a Federal, State, or local court; "(C) when a plea of guilty or nolo contendere by the individual has been accepted by a Federal, State, or local court; or "(D) when the individual has entered into participation in a first offender, deferred adjudication, or other arrangement or program where judgment of conviction has been withheld. ". Notification. Regulations.