Page:United States Statutes at Large Volume 112 Part 3.djvu/533
PUBLIC LAW 105-266—OCT. 19, 1998 112 STAT. 2363 Public Law 105-266 105th Congress An Act To amend chapter 89 of title 5, United States Code, to improve administration of sanctions against unfit health care providers under the Federal Employees Health Benefits Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Federal Employees Health Care Protection Act of 1998". SEC. 2. DEBARMENT AND OTHER SANCTIONS. (a) AMENDMENTS.— Section 8902a of title 5, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking "and" at the end of subparagraph (B); (ii) by striking the period at the end of subparagraph (C) and inserting "; and"; and (iii) by adding at the end the following: "(D) the term 'should know' means that a person, with respect to information, acts in deliberate ignorance of, or in reckless disregard of, the truth or falsity of the information, and no proof of specific intent to defraud is required;"; and (B) in paragraph (2)(A), by striking "subsection (b) or (c)" and inserting "subsection (b), (c), or (d)"; (2) in subsection (b)— (A) by striking "The Office of Personnel Management may bar" and inserting "The Office of Personnel Management shall bar"; and (B) by amending paragraph (5) to read as follows: "(5) Any provider that is currently debarred, suspended, or otherwise excluded from any procurement or nonprocurement activity (within the meaning of section 2455 of the Federal Acquisition Streamlining Act of 1994)."; tS) by redesignating subsections (c) through (i) as snhsections (d) through (j), respectively, and by inserting after subsection (b) the following: "(c) The Office may bar the following providers of health care services from participating in the program under this chapter: "(1) Any provider— "(A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating Oct. 19, 1998 [H.R. 1836] Federal Employees Health Care Protection Act of 1998. 5 USC 8901 note.