Page:United States Statutes at Large Volume 108 Part 2.djvu/797

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PUBLIC LAW 103-296—AUG. 15, 1994 108 STAT. 1513 ited by the Secretary into the general fund of the Treasury as miscellaneous receipts. "(f) A determination pursuant to subsection (a) by the Secretary to impose a penalty or assessment, or to recommend an exclusion shall be final upon the expiration of the 60-day period referred to in subsection (d). Matters that were raised or that could have been raised in a hearing before the Secretary or in an appeal pursuant to subsection (d) 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. "(g) Whenever the Secretary's determination to impose a penalty or assessment under this section with respect to a medical provider or physician becomes final, the provisions of section 1128A(h) shall apply. "(h) Whenever the Secretary has reason to believe that any person has engaged, is engaging, or is about to engage in any activity which makes the person subject to a civil monetary penalty under this section, the Secretary may bring an action in an appropriate district court of the United States (or, if applicable, a United States court of any territory) to enjoin such activity, or to enjoin the person from concealing, removing, encumbering, or disposing of assets which may be required in order to pay a civil monetary penalty and assessment if any such penalty were to be imposed or to seek other appropriate relief. "(i)(l) The provisions of subsections (d) and (e) of section 205 shall apply with respect to this section to the same extent as they are applicable with respect to title IL The Secretary may delegate the authority granted by section 205(d) (as made applicable to this section) to the Inspector General for purposes of any investigation under this section. "(2) The Secretary may delegate authority granted under this section to the Inspector General. "(j) For purposes of this section, the term 'State agency' shall have the same meaning as in section 1128A(i)(l). "(k) A principal is liable for penalties and assessments under subsection (a), and for an exclusion under section 1128, for the actions of the principal's agent acting within the scope of the agency.". (2) CONFORMING AMENDMENTS. — Section 1128 of such Act (42 U.S.C. 1320a-7) is amended— (A) in subsection (b)(7), by striking "or section 1128B" and inserting ", 1128B, or 1129"; (B) in subsection (b)(8)(B)(ii), by inserting "or 1129" after "section 1128A"; and (C) in subsection (f)(3), by inserting ", 1129," after "sections 1128A". (3) EFFECTIVE DATE.—The amendments made by this sub- 42 USC i320a-7 section shall apply to conduct occurring on or after October ^°^^- 1, 1994. (c) SSI FRAUD CONSIDERED A FELONY.— (1) IN GENERAL.— Section 1632(a) of the Social Security Act (42 U.S.C. 1383a(a)) is amended by striking "shall" the 1st place such term appears and all that follows and inserting "shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both.". (2) CONFORMING AMENDMENT.— Section 1632(b) of such Act (42 U.S.C. 1383a(b)) is amended to read as follows: