§ 1396m. Withholding of Federal share of payments for certain medicare providers
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/usc/title-42/section-1396mA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Adjustment of Federal matching payments The Secretary may adjust, in accordance with this section, the Federal matching payment to a State with respect to expenditures for medical assistance for care or services furnished in any quarter by—
(1)an institution
(A)which has or previously had in effect an agreement with the Secretary under section 1395cc of this title; and (B)(i) from which the Secretary has been unable to recover overpayments made under subchapter XVIII, or
(ii)from which the Secretary has been unable to collect the information necessary to enable him to determine the amount (if any) of the overpayments made to such institution under subchapter XVIII; and
(2)any person
(A)who
(i)has previously accepted payment on the basis of an assignment under section 1395u(b)(3)(B)(ii) of this title, and
(ii)during the annual period immediately preceding such quarter submitted no claims for payment under subchapter XVIII, or submitted claims for payment under subchapter XVIII which aggregated less than the amount of overpayments made to him, and (B)(i) from whom the Secretary has been unable to recover overpayments received in violation of the terms of such assignment, or
(ii)from whom the Secretary has been unable to collect the information necessary to enable him to determine the amount (if any) of the overpayments made to such person under subchapter XVIII.
(b)Reductions in payments to and by States The Secretary may (subject to the remaining provisions of this section) reduce payment to a State under this subchapter for any quarter by an amount equal to the lesser of the Federal matching share of payments to any institution or person specified in subsection (a), or the total overpayments to such institution or person under subchapter XVIII, and may require the State to reduce its payment to such institution or person by such amount.
(c)Notice The Secretary shall not make any adjustment in the payment to a State, nor require any adjustment in the payment to an institution or person, pursuant to subsection
(b)until after he has provided adequate notice (which shall be not less than 60 days) to the State agency and the institution or person.
(d)Regulations The Secretary shall by regulation provide procedures for implementation of this section, which procedures shall
(1)determine the amount of the Federal payment to which the institution or person would otherwise be entitled under this section which shall be treated as a setoff against overpayments under subchapter XVIII, and
(2)assure the restoration to the institution or person of amounts withheld under this section which are ultimately determined to be in excess of overpayments under subchapter XVIII and to which the institution or person would otherwise be entitled under this subchapter.
(e)Restoration to trust funds of recovered amounts The Secretary shall restore to the trust funds established under sections 1395i and 1395t of this title, as appropriate, amounts recovered under this section as setoffs against overpayments under subchapter XVIII.
(f)Liability of States for withheld payments Notwithstanding any other provision of this subchapter, an institution or person shall not be entitled to recover from any State any amount in payment for medical care and services under this subchapter which is withheld by the State agency pursuant to an order by the Secretary under subsection (b).
(Aug. 14, 1935, ch. 531, title XIX, § 1914, as added Pub. L. 96–499, title IX, § 905(d), Dec. 5, 1980, 94 Stat. 2618.)
Connections10 cite this · traces to 2
Cited by 10 sections · top 7
statutes-at-large
- Public Law 101–508To provide for reconciliation pursuant to section 4 of the concurrent resolution on the budget for fiscal year 1991
- Public Law 96–499To provide for reconciliation pursuant to section 3 of the First Concurrent Resolution on the Budget for the fiscal year 1981
- Public Law 100–201To authorize the acceptance of a donation of land for addition to Big Bend National Park, in the State of Texas
3 references not yet in our index
- Aug. 14, 1935, ch. 531
- Pub. L. 96–499, title IX, § 905(d)
- 94 Stat. 2618
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cites case law
§ 1396m
Withholding of Federal share of payments for certain medicare providers
U.S.C.×5
Stat.×3
Stat. Comp.×2
ActAug. 14, 1935, ch. 531
Pub. L.Pub. L. 96–499, title IX, § 905(d)
Stat.94 Stat. 2618
Cites 5Cited by 10 across 3 sources