
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320a-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1320a-5. Disclosure by institutions, organizations, and 
        agencies of owners, officers, etc., convicted of offenses 
        related to programs; notification requirements; ``managing 
        employee'' defined
        
    (a) As a condition of participation in or certification or 
recertification under the programs established by subchapters XVIII,\1\ 
and XIX of this chapter, 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.
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    \1\ So in original. The comma probably should not appear.
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    (b) 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, Sec. 1126, as added Pub. L. 95-142, 
Sec. 8(a), Oct. 25, 1977, 91 Stat. 1194; amended Pub. L. 97-35, title 
XXIII, Sec. 2353(j), Aug. 13, 1981, 95 Stat. 873; Pub. L. 98-369, div. 
B, title VI, Sec. 2663(j)(2)(D)(vi), July 18, 1984, 98 Stat. 1170; Pub. 
L. 100-93, Sec. 8(b), Aug. 18, 1987, 101 Stat. 692.)


                               Amendments

    1987--Subsec. (a). Pub. L. 100-93, Sec. 8(b)(1), in first sentence 
substituted ``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.'' for ``or other institution, organization, or agency 
shall be required to disclose to the Secretary or to the appropriate 
State agency the name of any person who--
        ``(1) has a direct or indirect ownership or control interest of 
    5 percent or more in such institution, organization, or agency or is 
    an officer, director, agent, or managing employee (as defined in 
    subsection (b) of this section) of such institution, organization, 
    or agency, and
        ``(2) has been convicted (on or after October 25, 1977, or 
    within such period prior to that date as the Secretary shall specify 
    in regulations) of a criminal offense related to the involvement of 
    such person in any of such programs.'',
and in second sentence substituted ``entity'' for ``institution, 
organization, or agency''.
    Subsec. (b). Pub. L. 100-93, Sec. 8(b)(2), substituted ``entity'' 
for ``institution, organization, or agency'' in three places.
    1984--Subsec. (a). Pub. L. 98-369 substituted ``Health and Human 
Services'' for ``Health, Education, and Welfare'' in provisions 
following par. (2).
    1981--Subsec. (a). Pub. L. 97-35 substituted in provision preceding 
par. (1) ``and XIX of this chapter'' for ``XIX, and XX of this 
chapter''.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-93 effective at end of fourteen-day period 
beginning Aug. 18, 1987, and inapplicable to administrative proceedings 
commenced before end of such period, see section 15(a) of Pub. L. 100-
93, set out as a note under section 1320a-7 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 effective July 18, 1984, but not to be 
construed as changing or affecting any right, liability, status, or 
interpretation which existed (under the provisions of law involved) 
before that date, see section 2664(b) of Pub. L. 98-369, set out as a 
note under section 401 of this title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as 
otherwise explicitly provided, see section 2354 of Pub. L. 97-35, set 
out as an Effective Date note under section 1397 of this title.


                             Effective Date

    Section 8(e) of Pub. L. 95-142 provided that: ``The amendments made 
by this section [enacting this section and amending sections 1395cc, 
1396b, and 1397a of this title] shall apply with respect to contracts, 
agreements, and arrangements entered into and approvals given pursuant 
to applications or requests made on and after the first day of the 
fourth month beginning after the date of the enactment of this Act [Oct. 
25, 1977].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1320a-3a, 1320a-7, 1320a-7a, 
1395i-3, 1395bbb, 1396r, 1396t, 1397gg, 6024 of this title.
