Laws: Cases and Codes : U.S. Code : Title 42 : Section 1320a-7
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U.S. Code as of:
01/19/04
Section 1320a-7 - Notes
SOURCE
(Aug. 14, 1935, ch. 531, title XI, Sec. 1128, as added Pub. L.
96-499, title IX, Sec. 913(a), Dec. 5, 1980, 94 Stat. 2619; amended
Pub. L. 97-35, title XXI, Sec. 2105(b), title XXIII, Sec. 2353(k),
Aug. 13, 1981, 95 Stat. 791, 873; Pub. L. 98-369, div. B, title
III, Sec. 2333(a), (b), July 18, 1984, 98 Stat. 1089; Pub. L.
99-509, title IX, Sec. 9317(c), Oct. 21, 1986, 100 Stat. 2008; Pub.
L. 100-93, Sec. 2, Aug. 18, 1987, 101 Stat. 680; Pub. L. 100-203,
title IV, Sec. 4118(e)(2)-(5), Dec. 22, 1987, 101 Stat. 1330-155,
as amended Pub. L. 100-360, title IV, Sec. 411(k)(10)(D), July 1,
1988, 102 Stat. 795; Pub. L. 100-360, title IV, Sec. 411(k)(10)(C),
July 1, 1988, 102 Stat. 795; Pub. L. 101-239, title VI, Sec.
6411(d)(1), Dec. 19, 1989, 103 Stat. 2270; Pub. L. 101-508, title
IV, Sec. 4164(b)(3), Nov. 5, 1990, 104 Stat. 1388-102; Pub. L.
102-54, Sec. 13(q)(3)(A)(ii), June 13, 1991, 105 Stat. 279; Pub. L.
103-296, title I, Sec. 108(b)(9), title II, Sec. 206(b)(2), Aug.
15, 1994, 108 Stat. 1483, 1513; Pub. L. 104-191, title II, Secs.
211-213, Aug. 21, 1996, 110 Stat. 2003-2005; Pub. L. 105-33, title
IV, Secs. 4301, 4303(a), 4331(c), 4901(b)(2), Aug. 5, 1997, 111
Stat. 382, 396, 570; Pub. L. 108-173, title IX, Sec. 949, Dec. 8,
2003, 117 Stat. 2426.)
REFERENCES IN TEXT
Parts A and B of subchapter XVIII of this chapter, referred to in
subsec. (c)(3)(B), are classified to sections 1395c et seq. and
1395j et seq., respectively, of this title.
AMENDMENTS
2003 - Subsec. (c)(3)(B). Pub. L. 108-173 amended first sentence
generally. Prior to amendment, first sentence read as follows:
"Subject to subparagraph (G), in the case of an exclusion under
subsection (a) of this section, the minimum period of exclusion
shall be not less than five years, except that, upon the request of
a State, the Secretary may waive the exclusion under subsection
(a)(1) of this section in the case of an individual or entity that
is the sole community physician or sole source of essential
specialized services in a community."
1997 - Subsec. (a). Pub. L. 105-33, Sec. 4331(c)(1), substituted
"any Federal health care program (as defined in section 1320a-7b(f)
of this title)" for "any program under subchapter XVIII of this
chapter and shall direct that the following individuals and
entities be excluded from participation in any State health care
program (as defined in subsection (h) of this section)" in
introductory provisions.
Subsec. (b). Pub. L. 105-33, Sec. 4331(c)(2), substituted "any
Federal health care program (as defined in section 1320a-7b(f) of
this title)" for "any program under subchapter XVIII of this
chapter and may direct that the following individuals and entities
be excluded from participation in any State health care program" in
introductory provisions.
Subsec. (b)(8)(A)(iii). Pub. L. 105-33, Sec. 4303(a)(1), added
cl. (iii).
Subsec. (c)(3)(A). Pub. L. 105-33, Sec. 4301(1), inserted "or in
the case described in subparagraph (G)" after "subsection (b)(12)
of this section".
Subsec. (c)(3)(B), (D). Pub. L. 105-33, Sec. 4301(2), substituted
"Subject to subparagraph (G), in the case" for "In the case".
Subsec. (c)(3)(G). Pub. L. 105-33, Sec. 4301(3), added subpar.
(G).
Subsec. (h)(4). Pub. L. 105-33, Sec. 4901(b)(2), added par. (4).
Subsec. (j). Pub. L. 105-33, Sec. 4303(a)(2), added subsec. (j).
1996 - Subsec. (a)(3). Pub. L. 104-191, Sec. 211(a)(1), added
par. (3).
Subsec. (a)(4). Pub. L. 104-191, Sec. 211(b)(1), added par. (4).
Subsec. (b)(1). Pub. L. 104-191, Sec. 211(a)(2), reenacted
heading without change and amended text generally. Prior to
amendment, text read as follows: "Any individual or entity that has
been convicted, under Federal or State law, in connection with the
delivery of a health care item or service or with respect to any
act or omission in a program operated by or financed in whole or in
part by any Federal, State, or local government agency, of a
criminal offense relating to fraud, theft, embezzlement, breach of
fiduciary responsibility, or other financial misconduct."
Subsec. (b)(3). Pub. L. 104-191, Sec. 211(b)(2), substituted
"Misdemeanor conviction" for "conviction" in heading and "criminal
offense consisting of a misdemeanor" for "criminal offense" in
text.
Subsec. (b)(15). Pub. L. 104-191, Sec. 213, added par. (15).
Subsec. (c)(3)(D) to (F). Pub. L. 104-191, Sec. 212, added
subpars. (D) to (F).
1994 - Subsec. (b)(7). Pub. L. 103-296, Sec. 206(b)(2)(A),
substituted "section 1320a-7a, 1320a-7b, or 1230a-8 of this title"
for "section 1320a-7a of this title or section 1320a-7b of this
title".
Subsec. (b)(8)(B)(ii). Pub. L. 103-296, Sec. 206(b)(2)(B),
inserted "or 1320a-8" after "section 1320a-7a".
Subsec. (f)(1). Pub. L. 103-296, Sec. 108(b)(9)(A), inserted
before period at end ", except that, in so applying such sections
and section 405(l) of this title, any reference therein to the
Commissioner of Social Security or the Social Security
Administration shall be considered a reference to the Secretary or
the Department of Health and Human Services, respectively".
Subsec. (f)(3). Pub. L. 103-296, Sec. 206(b)(2)(C), inserted ",
1320a-8," after "sections 1320a-7a".
Pub. L. 103-296, Sec. 108(b)(9)(B), inserted before period at end
", except that, in so applying such section and section 405(l) of
this title, any reference therein to the Commissioner of Social
Security shall be considered a reference to the Secretary".
1991 - Subsec. (b)(5)(A). Pub. L. 102-54 substituted "Department
of Veterans Affairs" for "Veterans' Administration".
1990 - Subsec. (b)(9). Pub. L. 101-508 substituted "section
1320a-3 of this title, section 1320a-3a of this title," for
"section 1320a-3 of this title".
1989 - Subsec. (b)(4)(A). Pub. L. 101-239 inserted "or the right
to apply for or renew such a license" after "lost such a license".
1988 - Pub. L. 100-360, Sec. 411(k)(10)(D), added Pub. L.
100-203, Sec. 4118(e)(3)-(5), which amended subsec. (b)(8)(A)(i),
(d)(1), (3)(A), and (i). See 1987 Amendment notes below.
Subsec. (d)(3)(B)(ii). Pub. L. 100-360, Sec. 411(k)(10)(C),
struck out "under a program" after "longer than the period of
exclusion".
1987 - Pub. L. 100-93 amended section generally, substituting
subsecs. (a) to (i) for former subsecs. (a) to (f).
Subsec. (b)(8)(A)(i). Pub. L. 100-203, Sec. 4118(e)(3), as added
by Pub. L. 100-360, Sec. 411(k)(10)(D), inserted at beginning "who
has a direct or indirect ownership or control interest of 5 percent
or more in the entity or".
Subsec. (d)(1). Pub. L. 100-203, Sec. 4118(e)(4)(A), as added by
Pub. L. 100-360, Sec. 411(k)(10)(D), substituted "this section and
section 1320a-7a of this title" for "subsection (b) of this
section".
Subsec. (d)(3)(A). Pub. L. 100-203, Sec. 4118(e)(4)(B), as added
by Pub. L. 100-360, Sec. 411(k)(10)(D), struck out "under a
program" after "any period of exclusion".
Subsec. (d)(3)(B). Pub. L. 100-203, Sec. 4118(e)(2), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (i). Pub. L. 100-203, Sec. 4118(e)(5)(A), as added by
Pub. L. 100-360, Sec. 411(k)(10)(D), substituted "an individual or
entity" for "a physician or other individual" in introductory
provisions.
Pub. L. 100-203, Sec. 4118(e)(5)(B), as added by Pub. L. 100-360,
Sec. 411(k)(10)(D), which directed amendment of pars. (1) to (4) by
substituting "individual or entity" for "physician or other
individual" each place it appears, was executed by substituting
"individual or entity" for "physician or individual" in pars. (1)
to (4) as the probable intent of Congress.
Subsec. (i)(4). Pub. L. 100-203, Sec. 4118(e)(5)(C), as added by
Pub. L. 100-360, Sec. 411(k)(10)(D), substituted "first offender,
deferred adjudication, or other arrangement or program" for "first
offender or other program".
1986 - Subsec. (f). Pub. L. 99-509 added subsec. (f).
1984 - Subsecs. (b) to (e). Pub. L. 98-369 added subsec. (b),
redesignated former subsecs. (b) to (d) as (c) to (e),
respectively, and in subsec. (e) substituted "Any person or entity"
for "Any person" and "(a), (b), or (c)" for "(a) or (b)".
1981 - Subsec. (a)(1). Pub. L. 97-35, Sec. 2105(b)(1), struck out
", for such period as he may deem appropriate," after "subchapter
XVIII of this chapter".
Subsec. (a)(2). Pub. L. 97-35, Sec. 2353(k), substituted in
subpar. (A) "subchapter XIX of this chapter" for "subchapter XIX or
subchapter XX of this chapter," and in subpar. (B) "subchapter XIX
of this chapter" for "subchapter XIX or subchapter XX of this
chapter".
Subsecs. (b) to (d). Pub. L. 97-35, Sec. 2105(b)(2)-(4), added
subsec. (b), redesignated former subsecs. (b) and (c) as (c) and
(d), respectively, and in subsec. (d) as so redesignated
substituted "subsection (a) or (b)" for "subsection (a)".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 704, 1320a-3a, 1320a-5,
1320a-7a, 1320a-7b, 1320a-7c, 1320a-7d, 1320a-7e, 1320a-8, 1320c-5,
1395a, 1395b-5, 1395l, 1395m, 1395u, 1395w-3b, 1395w-27, 1395y,
1395cc, 1395mm, 1395ww, 1395aaa, 1396a, 1396b, 1396r-2, 1396r-6,
1397d of this title; title 21 section 824.
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