PUBLIC LAW 100-654—NOV. 14, 1988

102 STAT. 3837

Public Law 100-654
100th Congress

An Act

To amend the provisions of title 5, United States Code, relating to the health benefits
program for Federal employees and certain other individuals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
'Federal Employees Health Benefits
This Act may be cited as the '
Amendments Act of 1988".

Nov. 14, 1988
[H.R. 5102]
Federal
Employees
Health Benefits
Amendments
Act of 1988.
5 USC 8901 note.

I—PROVISIONS	TO
SEC. 101. AUTHORITY TO IMPOSE DEBARMENT AND OTHER SANCTIONS.
(a) in general.—Title 5, United States Code, is amended by
inserting after section 8902 the following:
"§ 8902a. Debarment and other sanctions
"(a)(l) For the purpose of this section—
"(A) the term 'provider of health care services or supplies' or
'provider' means a physician, hospital, or other individual or
entity which furnishes health care services or supplies;
"(B) the term 'individual covered under this chapter' or 'cov-
ered individual' means an employee, annuitant, family member,
or former spouse covered by a health benefits plan described by
section 8903 or 8903a; and
"(C) an individual or entity shall be considered to have been
'convicted' of a criminal offense if—
"(i) a judgment of conviction for such offense has been
entered against the individual or entity by a Federal, State,
or local court;
"(ii) there has been a finding of guilt against the individ-
ual or entity by a Federal, State, or local court with respect
to such offense;
"(iii) a plea of guilty or nolo contendere by the individual
or entity has been accepted by a Federal, State, or local
court with respect to such offense; or
"(iv) in the case of an individual, the individual has
entered a first offender or other program pursuant to
which a judgment of conviction for such offense has been
withheld;
without regard to the pendency or outcome of any appeal (other
than a judgment of acquittal based on innocence) or request for
relief on behalf of the individual or entity.
"(2)(A) Notwithstanding section 8902(j) or any other provision of
this chapter, if, under subsection (b) or (c), a provider is barred from
participating in the program under this chapter, no payment may be