PUBLIC LAW 100-654—NOV. 14, 1988

102 STAT. 3839

•sement is payable under this chapter or the amount of
b. payment or reimbursement;

nay, in addition to any other penalties that may be
»y law, and after consultation with the Attorney Gen-
s a civil monetary penalty of not more than $10,000 for

service involved. In addition, such a provider shall be
i assessment of not more than twice the amount claimed
:h item or service. In addition, the Office may make a
311 in the same proceeding to bar such provider from
£ in the program under this chapter,
ffice—

may not initiate any debarment proceeding against a
r, based on such provider's having been convicted of a
1 offense, later than 6 years after the date on which such
r is so convicted; and

nay not initiate any action relating to a civil penalty, Claims.
ent, or debarment under this section, in connection with
im, later than 6 years after the date the claim is pre-

as determined under regulations prescribed by the

iking a determination relating to the appropriateness of Claims.

the period of any debarment under this section, or the
ness of imposing or the amount of any civil penalty or
under this section, the Office shall take into account—
lie nature of any claims involved and the circumstances
rhich they were presented;

he degree of culpability, history of prior offenses or
?r conduct of the provider involved; and
uch other matters as justice may require.
j debarment of a provider under subsection (b) or (c) shall

at such time and upon such reasonable notice to such
id to carriers and covered individuals, as may be speci-
lations prescribed by the Office.
:cept as provided in subparagraph (B), a debarment shall

with respect to any health care services or supplies
>y a provider on or after the effective date of such
ebarment.

3arment shall not apply with respect to inpatient institu-
ces furnished to an individual who was admitted to the
before the date the debarment would otherwise become
itil the passage of 30 days after such date, unless the
•mines that the health or safety of the individual receiv-
3rvices warrants that a shorter period, or that no such
fforded.

notice referred to in paragraph (1) shall specify the date
debarment becomes effective and the minimum period of
ich such debarment is to remain effective,
provider barred from participating in the program under
r may, after the expiration of the minimum period of
referred to in paragraph (3), apply to the Office, in such
the Office may by regulation prescribe, for termination
rment.

Office may—

erminate the debarment of a provider, pursuant to an
.tion filed by such provider after the end of the minimum
lent period, if the Office determines, based on the con-
the applicant, that—