102 STAT. 3838

PUBLIC LAW 100-654—NOV. 14, 1988

made by a carrier pursuant to any contract under this chapter
(either to such provider or by reimbursement) for any service or
supply furnished by such provider during the period of the
debarment.
Contracts.	"(B) Each contract under this chapter shall contain such provi-
sions as may be necessary to carry out subparagraph (A) and the
other provisions of this section.
"(b) The Office of Personnel Management may bar the following
providers of health care services or supplies from participating in
the program under this chapter:
Fraud.	"(1) Any provider that has been convicted, under Federal or
State law, of a criminal offense relating to fraud, corruption,
breach of fiduciary responsibility, or other financial misconduct
in connection with the delivery of a health care service or
supply.
"(2) Any provider that has been convicted, under Federal or
State law, of a criminal offense relating to neglect or abuse of
patients in connection with the delivery of a health care service
or supply.
"(3) Any provider that has been convicted, under Federal or
State law, in connection with the interference with or obstruc-
tion of an investigation or prosecution of a criminal offense
described in paragraph (1) or (2).
Drugs and
drug abuse.
"(4) Any provider that has been convicted, under Federal or
State law, of a criminal offense relating to the unlawful manu-
facture, distribution, prescription, or dispensing of a controlled
substance.
"(5) 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supplies has been revoked, suspended, restricted, or not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 dis-
ciplinary proceeding was pending before such an authority,
if the proceeding concerned the provider's professional com-
petence, professional performance, or financial integrity.
Claims.	"(_c) Whenever the Office determines—
"(1) 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 pro-
vided as claimed; or
"(B) has charged for health care services or supplies in an
amount substantially in excess of such provider's cus-
tomary 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 stand-
ards for such services or supplies;
"(2) that a provider of health care services or supplies has
knowingly made, or caused to be made, any false statement or
misrepresentation of a material fact which is reflected in a
claim presented under this chapter; or
"(3) that a provider of health care services or supplies has
knowingly failed to provide any information required by a
carrier or by the Office to determine whether a payment or