
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(1)]
[CITE: 42USC1320a-8a]

 
                 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-8a. Administrative procedure for imposing penalties 
        for false or misleading statements
        

(a) In general

    Any person who makes, or causes to be made, a statement or 
representation of a material fact for use in determining any initial or 
continuing right to or the amount of--
        (1) monthly insurance benefits under subchapter II of this 
    chapter; or
        (2) benefits or payments under subchapter XVI of this chapter,

that the person knows or should know is false or misleading or knows or 
should know omits a material fact or who makes such a statement with 
knowing disregard for the truth shall be subject to, in addition to any 
other penalties that may be prescribed by law, a penalty described in 
subsection (b) of this section to be imposed by the Commissioner of 
Social Security.

(b) Penalty

    The penalty described in this subsection is--
        (1) nonpayment of benefits under subchapter II of this chapter 
    that would otherwise be payable to the person; and
        (2) ineligibility for cash benefits under subchapter XVI of this 
    chapter,

for each month that begins during the applicable period described in 
subsection (c) of this section.

(c) Duration of penalty

    The duration of the applicable period, with respect to a 
determination by the Commissioner under subsection (a) of this section 
that a person has engaged in conduct described in subsection (a) of this 
section, shall be--
        (1) six consecutive months, in the case of the first such 
    determination with respect to the person;
        (2) twelve consecutive months, in the case of the second such 
    determination with respect to the person; and
        (3) twenty-four consecutive months, in the case of the third or 
    subsequent such determination with respect to the person.

(d) Effect on other assistance

    A person subject to a period of nonpayment of benefits under 
subchapter II of this chapter or ineligibility for subchapter XVI of 
this chapter benefits by reason of this section nevertheless shall be 
considered to be eligible for and receiving such benefits, to the extent 
that the person would be receiving or eligible for such benefits but for 
the imposition of the penalty, for purposes of--
        (1) determination of the eligibility of the person for benefits 
    under subchapters XVIII and XIX of this chapter; and
        (2) determination of the eligibility or amount of benefits 
    payable under subchapter II or XVI of this chapter to another 
    person.

(e) Definition

    In this section, the term ``benefits under subchapter XVI of this 
chapter'' includes 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.

(f) Consultations

    The Commissioner of Social Security shall consult with the Inspector 
General of the Social Security Administration regarding initiating 
actions under this section.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1129A, as added Pub. L. 106-169, 
title II, Sec. 207(a), Dec. 14, 1999, 113 Stat. 1837.)

                       References in Text

    Section 212(b) of Public Law 93-66, referred to in subsec. (e), is 
section 212(b) of Pub. L. 93-66, title II, July 9, 1973, 87 Stat. 155, 
as amended, which is set out as a note under section 1382 of this title.


                             Effective Date

    Section applicable to statements and representations made on or 
after Dec. 14, 1999, see section 207(e) of Pub. L. 106-169, set out as 
an Effective Date of 1999 Amendment note under section 402 of this 
title.


                               Regulations

    Pub. L. 106-169, title II, Sec. 207(d), Dec. 14, 1999, 113 Stat. 
1838, provided that: ``Within 6 months after the date of the enactment 
of this Act [Dec. 14, 1999], the Commissioner of Social Security shall 
develop regulations that prescribe the administrative process for making 
determinations under section 1129A of the Social Security Act [this 
section] (including when the applicable period in subsection (c) of such 
section shall commence), and shall provide guidance on the exercise of 
discretion as to whether the penalty should be imposed in particular 
cases.''

                  Section Referred to in Other Sections

    This section is referred to in section 402 of this title.
