Page:United States Statutes at Large Volume 124.djvu/783

124 STAT. 757 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(B) For purposes of this paragraph, the term ‘system of records’ has the meaning given such term in section 552a(a)(5) of title 5, United States Code.’’. (c) WITHHOLDING OF FEDERAL MATCHING PAYMENTS FOR STATES THAT FAIL TO REPORT ENROLLEE ENCOUNTER DATA IN THE MED- ICAID STATISTICAL INFORMATION SYSTEM.—Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended— (1) in paragraph (23), by striking ‘‘or’’ at the end; (2) in paragraph (24), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following new paragraph:. ‘‘(25) with respect to any amounts expended for medical assistance for individuals for whom the State does not report enrollee encounter data (as defined by the Secretary) to the Medicaid Statistical Information System (MSIS) in a timely manner (as determined by the Secretary).’’. (d) PERMISSIVE EXCLUSIONS AND CIVIL MONETARY PENALTIES.— (1) PERMISSIVE EXCLUSIONS.—Section 1128(b) of the Social Security Act (42 U.S.C. 1320a–7(b)) is amended by adding at the end the following new paragraph: ‘‘(16) MAKING FALSE STATEMENTS OR MISREPRESENTATION OF MATERIAL FACTS.—Any individual or entity that knowingly makes or causes to be made any false statement, omission, or misrepresentation of a material fact in any application, agreement, bid, or contract to participate or enroll as a provider of services or supplier under a Federal health care program (as defined in section 1128B(f)), including Medicare Advantage organizations under part C of title XVIII, prescription drug plan sponsors under part D of title XVIII, medicaid managed care organizations under title XIX, and entities that apply to participate as providers of services or suppliers in such managed care organizations and such plans.’’. (2) CIVIL MONETARY PENALTIES.— (A) IN GENERAL.—Section 1128A(a) of the Social Secu- rity Act (42 U.S.C. 1320a–7a(a)) is amended— (i) in paragraph (1)(D), by striking ‘‘was excluded’’ and all that follows through the period at the end and inserting ‘‘was excluded from the Federal health care program (as defined in section 1128B(f)) under which the claim was made pursuant to Federal law.’’; (ii) in paragraph (6), by striking ‘‘or’’ at the end; (iii) by inserting after paragraph (7), the following new paragraphs: ‘‘(8) orders or prescribes a medical or other item or service during a period in which the person was excluded from a Federal health care program (as so defined), in the case where the person knows or should know that a claim for such medical or other item or service will be made under such a program; ‘‘(9) knowingly makes or causes to be made any false state- ment, omission, or misrepresentation of a material fact in any application, bid, or contract to participate or enroll as a provider of services or a supplier under a Federal health care program (as so defined), including Medicare Advantage organizations under part C of title XVIII, prescription drug plan sponsors under part D of title XVIII, medicaid managed care organiza- tions under title XIX, and entities that apply to participate