|
U.S. Code as of:
01/19/04
Section 1320b-10. Prohibition of misuse of symbols, emblems, or names in reference to Social Security or Medicare
(a) Prohibited acts
(1) No person may use, in connection with any item constituting
an advertisement, solicitation, circular, book, pamphlet, or other
communication, or a play, motion picture, broadcast, telecast, or
other production, alone or with other words, letters, symbols, or
emblems -
(A) the words "Social Security", "Social Security Account",
"Social Security System", "Social Security Administration",
"Medicare", "Centers for Medicare & Medicaid Services",
"Department of Health and Human Services", "Health and Human
Services", "Supplemental Security Income Program", or "Medicaid",
the letters "SSA", "CMS", "DHHS", "HHS", or "SSI", or any other
combination or variation of such words or letters, or
(B) a symbol or emblem of the Social Security Administration,
Centers for Medicare & Medicaid Services, or Department of Health
and Human Services (including the design of, or a reasonable
facsimile of the design of, the social security card issued
pursuant to section 405(c)(2)(F) of this title or the Medicare
card,,(!1) the check used for payment of benefits under
subchapter II of this chapter, or envelopes or other stationery
used by the Social Security Administration, Centers for Medicare
& Medicaid Services, or Department of Health and Human Services),
or any other combination or variation of such symbols or emblems,
in a manner which such person knows or should know would convey, or
in a manner which reasonably could be interpreted or construed as
conveying, the false impression that such item is approved,
endorsed, or authorized by the Social Security Administration, the
Centers for Medicare & Medicaid Services, or the Department of
Health and Human Services or that such person has some connection
with, or authorization from, the Social Security Administration,
the Centers for Medicare & Medicaid Services, or the Department of
Health and Human Services. The preceding provisions of this
subsection shall not apply with respect to the use by any agency or
instrumentality of a State or political subdivision of a State of
any words or letters which identify an agency or instrumentality of
such State or of a political subdivision of such State or the use
by any such agency or instrumentality of any symbol or emblem of an
agency or instrumentality of such State or a political subdivision
of such State.
(2)(A) No person may, for a fee, reproduce, reprint, or
distribute any item consisting of a form, application, or other
publication of the Social Security Administration unless such
person has obtained specific, written authorization for such
activity in accordance with regulations which the Commissioner of
Social Security shall prescribe.
(B) No person may, for a fee, reproduce, reprint, or distribute
any item consisting of a form, application, or other publication of
the Department of Health and Human Services unless such person has
obtained specific, written authorization for such activity in
accordance with regulations which the Secretary shall prescribe.
(3) Any determination of whether the use of one or more words,
letters, symbols, or emblems (or any combination or variation
thereof) in connection with an item described in paragraph (1) or
the reproduction, reprinting, or distribution of an item described
in paragraph (2) is a violation of this subsection shall be made
without regard to any inclusion in such item (or any so reproduced,
reprinted, or distributed copy thereof) of a disclaimer of
affiliation with the United States Government or any particular
agency or instrumentality thereof.
(b) Civil penalties
The Commissioner or the Secretary (as applicable) may, pursuant
to regulations, impose a civil money penalty not to exceed -
(1) except as provided in paragraph (2), $5,000, or
(2) in the case of a violation consisting of a broadcast or
telecast, $25,000,
against any person for each violation by such person of subsection
(a) of this section. In the case of any items referred to in
subsection (a)(1) of this section consisting of pieces of mail,
each such piece of mail which contains one or more words, letters,
symbols, or emblems in violation of subsection (a) of this section
shall represent a separate violation. In the case of any item
referred to in subsection (a)(2) of this section, the reproduction,
reprinting, or distribution of such item shall be treated as a
separate violation with respect to each copy thereof so reproduced,
reprinted, or distributed.
(c) Application of other law; compromise, recovery, and deposit
into Treasury of civil money penalties
(1) The provisions of section 1320a-7a of this title (other than
subsections (a), (b), (f), (h), and (i) and the first sentence of
subsection (c)) shall apply to civil money penalties under
subsection (b) of this section in the same manner as such
provisions apply to a penalty or proceeding under section
1320a-7a(a) of this title.
(2) Penalties imposed against a person under subsection (b) of
this section may be compromised by the Commissioner or the
Secretary (as applicable) and may be recovered in a civil action in
the name of the United States brought in the district court of the
United States for the district in which the violation occurred or
where the person resides, has its principal office, or may be
found, as determined by the Commissioner or the Secretary (as
applicable). Amounts recovered under this section shall be paid to
the Commissioner or the Secretary (as applicable) and shall be
deposited as miscellaneous receipts of the Treasury of the United
States, except that (A) to the extent that such amounts are
recovered under this section as penalties imposed for misuse of
words, letters, symbols, or emblems relating to the Social Security
Administration, such amounts shall be deposited into the Federal
Old-Age and Survivors Insurance Trust Fund, and (B) to the extent
that such amounts are recovered under this section as penalties
imposed for misuse of words, letters, symbols, or emblems relating
to the Department of Health and Human Services, such amounts shall
be deposited into the Federal Hospital Insurance Trust Fund or the
Federal Supplementary Medical Insurance Trust Fund, as appropriate.
The amount of such penalty when finally determined, or the amount
agreed upon in compromise, may be deducted from any sum then or
later owing by the United States to the person against whom the
penalty has been imposed.
(d) Enforcement
The preceding provisions of this section may be enforced through
the Office of the Inspector General of the Social Security
Administration or the Office of the Inspector General of the
Department of Health and Human Services (as appropriate).
|
|