102 STAT. 3840

PUBLIC LAW 100-654—NOV. 14, 1988

"(I) there is no basis under subsection (b) or (c) for
continuing the debarment; and

"(II) there are reasonable assurances that the types of
actions which formed the basis for the original debarment
have not recurred and will not recur; or
"(ii) notwithstanding any provision of subparagraph (A),
terminate the debarment of a provider, pursuant to an applica-
tion filed by such provider before the end of the minimum
debarment period, if the Office determines that—

"(I) based on the conduct of the applicant, the require-
ments of subclauses (I) and (II) of clause (i) have been met;
and

"(II) early termination under this clause is warranted
based on the fact that the provider is the sole community
provider or the sole source of essential specialized services
in a community, or other similar circumstances.
State and local "(5) The Office shall—

governments. "(A) promptly notify the appropriate State or local agency or

authority having responsibility for the licensing or certification
of a provider barred from participation in the program under
this chapter of the fact of the debarment, as well as the reasons
for such debarment;

"(B) request that appropriate investigations be made and
sanctions invoked in accordance with applicable law and policy;
and

"(C) request that the State or local agency or authority keep
the Office fully and currently informed with respect to any
actions taken in response to the request.

Records. "(6) 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.
"(gXD The Office may not make a determination under subsection
(b) or (c) adverse to a provider of health care services or supplies
until such provider has been given written notice and an oppor-
tunity 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.

"(3) Matters that were raised or that could have been raised in a
hearing under paragraph (1) or an appeal under paragraph (2) may
not be raised as a defense to a civil action by the United States to
collect a penalty or assessment imposed under this section.

"(h) A civil action to recover civil monetary penalties or assess-
ments under subsection (c) shall be brought by the Attorney General
in the name of the United States, and may be brought in the United
States district court for the district where the claim involved was
presented or where the person subject to the penalty resides.
Amounts recovered under this section shall be paid to the Office for
deposit into the Employees Health Benefits Fund.