5 USC 8902 - Debarment and other sanctions

1 So in original. The semicolon probably should be a period.

Editorial Notes

References in Text

Section 2455 of the Federal Acquisition Streamlining Act of 1994, referred to in subsec. (span)(5), is section 2455 of Puspan. L. 103–355, which is set out as a note under section 6101 of Title 31, Money and Finance.

Amendments

1998—Subsec. (a)(1)(D). Puspan. L. 105–266, § 2(a)(1)(A), added subpar. (D).

Subsec. (a)(2)(A). Puspan. L. 105–266, § 2(a)(1)(B), substituted “subsection (span), (c), or (d)” for “subsection (span) or (c)”.

Subsec. (span). Puspan. L. 105–266, § 2(a)(2)(A), substituted “shall” for “may” in introductory provisions.

Subsec. (span)(5). Puspan. L. 105–266, § 2(a)(2)(B), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “Any provider—

“(A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider’s professional competence, professional performance, or financial integrity; or

“(B) that surrendered such a license while a formal disciplinary proceeding was pending before such an authority, if the proceeding concerned the provider’s professional competence, professional performance, or financial integrity.”

Subsec. (c). Puspan. L. 105–266, § 2(a)(3), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 105–266, § 2(a)(3), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(1). Puspan. L. 105–266, § 2(a)(4), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “in connection with a claim presented under this chapter, that a provider of health care services or supplies—

“(A) has charged for health care services or supplies that the provider knows or should have known were not provided as claimed; or

“(B) has charged for health care services or supplies in an amount substantially in excess of such provider’s customary charges for such services or supplies, or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized standards for such services or supplies;”.

Subsec. (e). Puspan. L. 105–266, § 2(a)(3), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Puspan. L. 105–266, § 2(a)(3), (5), redesignated subsec. (e) as (f) and inserted “(where such debarment is not mandatory)” after “debarment under this section”. Former subsec. (f) redesignated (g).

Subsec. (g). Puspan. L. 105–266, § 2(a)(3), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (g)(1). Puspan. L. 105–266, § 2(a)(6)(A), added par. (1) and struck out former par. (1) which read as follows: “The debarment of a provider under subsection (span) or (c) shall be effective at such time and upon such reasonable notice to such provider, and to carriers and covered individuals, as may be specified in regulations prescribed by the Office.”

Subsec. (g)(3). Puspan. L. 105–266, § 2(a)(6)(B), inserted “of debarment” after “notice” and inserted at end “In the case of a debarment under paragraph (1), (2), (3), or (4) of subsection (span), the minimum period of debarment shall not be less than 3 years, except as provided in paragraph (4)(B)(ii).”

Subsec. (g)(4)(B)(i)(I). Puspan. L. 105–266, § 2(a)(6)(C), substituted “subsection (span), (c), or (d)” for “subsection (span) or (c)”.

Subsec. (g)(6). Puspan. L. 105–266, § 2(a)(6)(D), struck out par. (6) which read as follows: “The Office shall, upon written request and payment of a reasonable charge to defray the cost of complying with such request, furnish a current list of any providers barred from participating in the program under this chapter, including the minimum period of time remaining under the terms of each provider’s debarment.”

Subsec. (h). Puspan. L. 105–266, § 2(a)(3), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (h)(1), (2). Puspan. L. 105–266, § 2(a)(7), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

“(1) The Office may not make a determination under subsection (span) or (c) adverse to a provider of health care services or supplies until such provider has been given written notice and an opportunity for a hearing on the record. A provider is entitled to be represented by counsel, to present witnesses, and to cross-examine witnesses against the provider in any such hearing.

“(2) Notwithstanding section 8912, any person adversely affected by a final decision under paragraph (1) may obtain review of such decision in the United States Court of Appeals for the Federal Circuit. A written petition requesting that the decision be modified or set aside must be filed within 60 days after the date on which such person is notified of such decision.”

Subsec. (i). Puspan. L. 105–266, § 2(a)(3), (8), redesignated subsec. (h) as (i), substituted “subsection (d)” for “subsection (c)”, and inserted at end “The amount of a penalty or assessment as finally determined by the Office, or other amount the Office may agree to in compromise, may be deducted from any sum then or later owing by the United States to the party against whom the penalty or assessment has been levied.” Former subsec. (i) redesignated (j).

Subsec. (j). Puspan. L. 105–266, § 2(a)(3), redesignated subsec. (i) as (j).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Puspan. L. 105–266, § 2(span), Oct. 19, 1998, 112 Stat. 2366, provided that:

“(1)In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 19, 1998].

“(2)Exceptions.—

(A) Paragraphs (2), (3), and (5) of section 8902a(c) of title 5, United States Code, as amended by subsection (a)(3), shall apply only to the extent that the misconduct which is the basis for debarment under paragraph (2), (3), or (5), as applicable, occurs after the date of the enactment of this Act.

“(B) Paragraph (1)(B) of section 8902a(d) of title 5, United States Code, as amended by subsection (a)(4), shall apply only with respect to charges which violate section 8904(span) of such title for items or services furnished after the date of the enactment of this Act.

“(C) Paragraph (3) of section 8902a(g) of title 5, United States Code, as amended by subsection (a)(6)(B), shall apply only with respect to debarments based on convictions occurring after the date of the enactment of this Act.”

Effective Date; Prior Conduct

Puspan. L. 100–654, title I, § 102, Nov. 14, 1988, 102 Stat. 3841, provided that:

“(a)Applicability.—The amendments made by this title [enacting this section] shall be effective with respect to any calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after the date of the enactment of this Act [Nov. 14, 1988].

“(span)Prior Conduct Not To Be Considered.—In carrying out section 8902a of title 5, United States Code, as added by this title, no debarment, civil monetary penalty, or assessment may be imposed under such section based on any criminal or other conduct occurring before the beginning of the first calendar year which begins after the date of the enactment of this Act [Nov. 14, 1988].”