PUBLIC LAW 107-105—DEC. 27, 2001 115 STAT. 1005 the discretion of the Secretary of Health and Human Services from participation (including under part C or as a contractor under sections 1816, 1842, and 1893) in title XVin of the Social Security Act (42 U.S.C. 1395 et seq.). (B) PROCEDURE. —The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) (other than the first and second sentences of subsection (a) and subsection (b)) shall apply to an exclusion under this paragraph in the same manner as such provisions apply with respect to an exclusion or proceeding under section 1128A(a) of such Act. (C) CONSTRUCTION.— The availability of an exclusion under this paragraph shall not be construed to affect the imposition of penalties under section 1176 of the Social Security Act (42 U.S.C. 1320d-5). (D) NONAPPLICABILITY TO COMPLYING PERSONS.— The exclusion under subparagraph (A) shall not apply to a person who— (i) submits a plan in accordance with paragraph (2); or (ii) who is in compliance with the applicable requirements of subparts I through R of part 162 of title 45, Code of Federal Regulations, on or before October 16, 2002. (b) SPECIAL RULES. — (1) RULES OF CONSTRUCTION. —Nothing in this section shall be construed— (A) as modifying the October 16, 2003, deadline for a small health plan to comply with the requirements of subparts I through R of part 162 of title 45, Code of Federal Regulations; or (B) as modifying— (i) the April 14, 2003, deadline for a health care provider, a health plan (other than a small health plan), or a health care clearinghouse to comply with the requirements of subpart E of part 164 of title 45, Code of Federal Regulations; or (ii) the April 14, 2004, deadline for a small health plan to comply with the requirements of such subpart. (2) APPLICABILITY OF PRIVACY STANDARDS BEFORE COMPLI- ANCE DEADLINE FOR INFORMATION TRANSACTION STANDARDS. — (A) IN GENERAL. — Notwithstanding any other provision of law, during the period that begins on April 14, 2003, and ends on October 16, 2003, a health care provider or, subject to subparagraph (B), a health care clearinghouse, that transmits any health information in electronic form in connection with a transaction described in subparagraph (C) shall comply with the requirements of subpart E of part 164 of title 45, Code of Federal Regulations, without regard to whether the transmission meets the standards required by part 162 of such title. (B) APPLICATION TO HEALTH CARE CLEARINGHOUSES. — For purposes of this paragraph, during the period described in subparagraph (A), an entity that processes or facilitates the processing of information in connection with a transaction described in subparagraph (C) and that otherwise would be treated as a health care clearinghouse shall be
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