42 U.S.C. § 1320b–6 — Exclusion of representatives and health care providers convicted of violations from participation in social security programs
submitted 91 years ago by Pub. L. 106-169 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,318 words · no verdicts yet
The Commissioner must exclude certain representatives and health-care providers from Social Security programs after specified convictions or offenses. The section sets exclusion periods, notice, hearings, termination applications, agency notifications, record access, reporting, delegation, and definitions.
(a) In general. The Commissioner must exclude from Social Security programs a representative or health-care provider—
(1) convicted of violating section 408 or 1383a;
(2) convicted under title 18 of an offense concerning applying for, continuing entitlement to, or the amount of subchapter II benefits, or applying for, continuing eligibility for, or the amount of subchapter XVI benefits; or
(3) whom the Commissioner determines committed an offense described in section 1320a–8(a)(1).
(b) Notice, effective date, and period
(1) Regulations may set the effective time, period, and reasonable public and individual notice.
(2) The exclusion applies to services furnished on or after its effective date. Medical evidence from services provided before a provider’s exclusion may still be considered in deciding disability under subchapter II or XVI.
(3)(A) The notice must state* the exclusion period.
(B) The minimum is 5 years, but the Commissioner may waive it for someone who is the community’s only source of essential services; that waiver decision cannot be reviewed.
(C) For a conviction or section 1320a–8(a)(1) determination on or after December 14, 1999, one prior qualifying occasion requires at least 10 years, and two or more prior occasions require permanent exclusion.
(c) Notice to State agencies. The Commissioner must promptly tell each State disability-determination agency the facts and circumstances of each exclusion and the period for which it must exclude the person* from its activities.
(d) Notice to State licensing agencies. The Commissioner must promptly notify the proper State or local licensing or certification authority, request investigation and sanctions under State law and policy, and request current information about the response for the Commissioner and Social Security Administration* Inspector General.
(e) Notice, hearing, and judicial review
(1) An excluded or directed-to-be-excluded person gets reasonable notice, a Commissioner hearing to the same extent as under section 405(b), and judicial review under section 405(g).
(2) Section 405(h) applies to this section to the same extent it applies to subchapter II.
(f) Application for termination
(1) After the minimum period, and at other times allowed by regulation, an excluded person may apply in the Commissioner’s required manner.
(2) The Commissioner may end the exclusion based on later conduct or information unknown at exclusion if—
(A) subsection (a) no longer supports continuing it; and
(B) there are reasonable assurances the conduct will not recur.
(3) The Commissioner must promptly notify each State disability-determination agency of each termination.
(g) Records. This section does not limit access by subchapter II or XVI applicants or beneficiaries, State disability agencies, or the Commissioner to records a representative or provider kept about services before exclusion.
(h) Reporting. A representative or provider participating in or seeking to participate in a Social Security program must tell the Commissioner, as regulations require, whether the person has been convicted of an offense in subsection (a).
(i) Delegation. The Commissioner may delegate this authority to the Inspector General.
(j) Definitions
(1) “Exclude” means barring a representative from representing an applicant or recipient, including as representative payee or in a benefits proceeding, and barring a health-care provider from furnishing items or services to help an applicant or recipient prove disability.
(2) “Social Security programs” means monthly insurance benefits under subchapter II and monthly SSI benefits under subchapter XVI, including specified State supplementary payments.
(3) A person is “convicted” when a Federal, State, or local court enters a judgment not set aside or expunged, finds guilt, accepts a guilty or nolo contendere plea, or accepts the person into a first-offender, deferred-adjudication, or similar program while withholding judgment.
The Commissioner of Social Security shall exclude from participation in the social security programs any representative or health care provider—
who is convicted of a violation of section 408 or 1383a of this title;
who is convicted of any violation under title 18 relating to an initial application for or continuing entitlement to, or amount of, benefits under subchapter II of this chapter, or an initial application for or continuing eligibility for, or amount of, benefits under subchapter XVI of this chapter; or
who the Commissioner determines has committed an offense described in section 1320a–8(a)(1) of this title.
An exclusion under this section shall be effective at such time, for such period, and upon such reasonable notice to the public and to the individual excluded as may be specified in regulations consistent with paragraph (2).
Such an exclusion shall be effective with respect to services furnished to any individual on or after the effective date of the exclusion. Nothing in this section may be construed to preclude, in determining disability under subchapter II or subchapter XVI, consideration of any medical evidence derived from services provided by a health care provider before the effective date of the exclusion of the health care provider under this section.
The Commissioner shall specify, in the notice of exclusion under paragraph (1), the period of the exclusion.
Subject to subparagraph (C), in the case of an exclusion under subsection (a), the minimum period of exclusion shall be 5 years, except that the Commissioner may waive the exclusion in the case of an individual who is the sole source of essential services in a community. The Commissioner’s decision whether to waive the exclusion shall not be reviewable.
In the case of an exclusion of an individual under subsection (a) based on a conviction or a determination described in subsection (a)(3) occurring on or after December 14, 1999, if the individual has (before, on, or after December 14, 1999) been convicted, or if such a determination has been made with respect to the individual—
on one previous occasion of one or more offenses for which an exclusion may be effected under such subsection, the period of the exclusion shall be not less than 10 years; or
on two or more previous occasions of one or more offenses for which an exclusion may be effected under such subsection, the period of the exclusion shall be permanent.
The Commissioner shall promptly notify each appropriate State agency employed for the purpose of making disability determinations under section 421 or 1383b(a) of this title—
of the fact and circumstances of each exclusion effected against an individual under this section; and
of the period (described in subsection (b)(3)) for which the State agency is directed to exclude the individual from participation in the activities of the State agency in the course of its employment.
The Commissioner shall—
promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification of an individual excluded from participation under this section of the fact and circumstances of the exclusion;
request that appropriate investigations be made and sanctions invoked in accordance with applicable State law and policy; and
request that the State or local agency or authority keep the Commissioner and the Inspector General of the Social Security Administration* fully and currently informed with respect to any actions taken in response to the request.
Any individual who is excluded (or directed to be excluded) from participation under this section is entitled to reasonable notice and opportunity for a hearing thereon by the Commissioner to the same extent as is provided in section 405(b) of this title, and to judicial review of the Commissioner’s final decision after such hearing as is provided in section 405(g) of this title.
The provisions of section 405(h) of this title shall apply with respect to this section to the same extent as it is applicable with respect to subchapter II.
An individual excluded from participation under this section may apply to the Commissioner, in the manner specified by the Commissioner in regulations and at the end of the minimum period of exclusion provided under subsection (b)(3) and at such other times as the Commissioner may provide, for termination of the exclusion effected under this section.
The Commissioner may terminate the exclusion if the Commissioner determines, on the basis of the conduct of the applicant which occurred after the date of the notice of exclusion or which was unknown to the Commissioner at the time of the exclusion, that—
there is no basis under subsection (a) for a continuation of the exclusion; and
there are reasonable assurances that the types of actions which formed the basis for the original exclusion have not recurred and will not recur.
The Commissioner shall promptly notify each State agency employed for the purpose of making disability determinations under section 421 or 1383b(a) of this title of the fact and circumstances of each termination of exclusion made under this subsection.
Nothing in this section shall be construed to have the effect of limiting access by any applicant or beneficiary under subchapter II or XVI, any State agency acting under section 421 or 1383b(a) of this title, or the Commissioner to records maintained by any representative or health care provider in connection with services provided to the applicant or beneficiary prior to the exclusion of such representative or health care provider under this section.
Any representative or health care provider participating in, or seeking to participate in, a social security program shall inform the Commissioner, in such form and manner as the Commissioner shall prescribe by regulation, whether such representative or health care provider has been convicted of a violation described in subsection (a).
The Commissioner may delegate authority granted by this section to the Inspector General.
For purposes of this section:
The term “exclude” from participation means—
in connection with a representative, to prohibit from engaging in representation of an applicant for, or recipient of, benefits, as a representative payee under section 405(j) or section 1383(a)(2)(A)(ii) of this title, or otherwise as a representative, in any hearing or other proceeding relating to entitlement to benefits; and
in connection with a health care provider, to prohibit from providing items or services to an applicant for, or recipient of, benefits for the purpose of assisting such applicant or recipient in demonstrating disability.
The term “social security programs” means the program providing for monthly insurance benefits under subchapter II, and the program providing for monthly supplemental security income benefits to individuals under subchapter XVI (including State supplementary payments made by the Commissioner pursuant to an agreement under section 1382e(a) of this title or section 212(b) of Public Law 93–66).
An individual is considered to have been “convicted” of a violation—
when a judgment of conviction has been entered against the individual by a Federal, State, or local court, except if the judgment of conviction has been set aside or expunged;
when there has been a finding of guilt against the individual by a Federal, State, or local court;
when a plea of guilty or nolo contendere by the individual has been accepted by a Federal, State, or local court; or
when the individual has entered into participation in a first offender, deferred adjudication, or other arrangement or program where judgment of conviction has been withheld.
Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1136, as added Pub. L. 106–169, title II, § 208(a), Dec. 14, 1999, 113 Stat. 1839.)
- 1935Enacted · Pub. L. 106-169 · 113 Stat. 1839
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-169 on 1935-08-14.
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