§ 1320a–5. Disclosure by institutions, organizations, and agencies of owners, officers, etc., convicted of offenses related to programs; notification requirements; “managing employee” defined

726 words·~3 min read·/usc/title-42/section-1320a-5

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As a condition of participation in or certification or recertification under the programs established by subchapters XVIII, 1 and XIX, any hospital, nursing facility, or other entity (other than an individual practitioner or group of practitioners) shall be required to disclose to the Secretary or to the appropriate State agency the name of any person that is a person described in subparagraphs

(A)and

(B)of section 1320a–7(b)(8) of this title . The Secretary or the appropriate State agency shall promptly notify the Inspector General in the Department of Health and Human Services of the receipt from any entity of any application or request for such participation, certification, or recertification which discloses the name of any such person, and shall notify the Inspector General of the action taken with respect to such application or request. For the purposes of this section, the term “managing employee” means, with respect to an entity, an individual, including a general manager, business manager, administrator, and director, who exercises operational or managerial control over the entity, or who directly or indirectly conducts the day-to-day operations of the entity. ( Aug. 14, 1935, ch. 531 , title XI, § 1126, as added Pub. L. 95–142, § 8(a) , Oct. 25, 1977 , 91 Stat. 1194 ; amended Pub. L. 97–35, title XXIII, § 2353(j) , Aug. 13, 1981 , 95 Stat. 873 ; Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(D)(vi) , July 18, 1984 , 98 Stat. 1170 ; Pub. L. 100–93, § 8(b) , Aug. 18, 1987 , 101 Stat. 692 .)

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Cited by 5 sections

statutes-at-large

Public Law 106–402
To improve service systems for individuals with developmental disabilities, and for other purposes

9 references not yet in our index

Pub. L. 95-142
91 Stat. 1194
Pub. L. 97-35
95 Stat. 873
Pub. L. 98-369
98 Stat. 1170
Pub. L. 100-93
101 Stat. 692
91 Stat. 1195

Citation graph

cites case law

§ 1320a–5

Disclosure by institutions, organizations, and agencies of owners, officers, etc., convicted of offenses related to programs; notification requirements; “managing employee” defined

Fed. Reg.×4

Stat.×1

Pub. L.Pub. L. 95-142

Stat.91 Stat. 1194

Pub. L.Pub. L. 97-35

Stat.95 Stat. 873

Pub. L.Pub. L. 98-369

Cites 9 · showing 5Cited by 5 across 2 sources