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U.S. Code as of:
01/19/04
Section 1320a-5. Disclosure by institutions, organizations, and agencies of owners, officers, etc., convicted of offenses related to programs; notification requirements; managing employee defined
(a) As a condition of participation in or certification or
recertification under the programs established by subchapters
XVIII,(!1) and XIX of this chapter, any hospital, nursing facility,
or other entity (other than an individual practitioner or group of
practitioners) shall be required to disclose to the Secretary or to
the appropriate State agency the name of any person that is a
person described in subparagraphs (A) and (B) of section
1320a-7(b)(8) of this title. The Secretary or the appropriate State
agency shall promptly notify the Inspector General in the
Department of Health and Human Services of the receipt from any
entity of any application or request for such participation,
certification, or recertification which discloses the name of any
such person, and shall notify the Inspector General of the action
taken with respect to such application or request.
(b) For the purposes of this section, the term "managing
employee" means, with respect to an entity, an individual,
including a general manager, business manager, administrator, and
director, who exercises operational or managerial control over the
entity, or who directly or indirectly conducts the day-to-day
operations of the entity.
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