
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: 42USC1395vv]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
        SUBCHAPTER XVIII--HEALTH INSURANCE FOR AGED AND DISABLED
 
                    Part D--Miscellaneous Provisions
 
Sec. 1395vv. Withholding payments from certain medicaid 
        providers
        

(a) Adjustments by Secretary

    The Secretary may adjust, in accordance with this section, payments 
under parts A and B to any institution which has in effect an agreement 
with the Secretary under section 1395cc of this title, and any person 
who has accepted payment on the basis of an assignment under section 
1395u(b)(3)(B)(ii) of this title, where such institution or person--
        (1) has (or previously had) in effect an agreement with a State 
    agency to furnish medical care and services under a State plan 
    approved under subchapter XIX of this chapter, and
        (2) from which (or from whom) such State agency (A) has been 
    unable to recover overpayments made under the State plan, or (B) has 
    been unable to collect the information necessary to enable it to 
    determine the amount (if any) of the overpayments made to such 
    institution or person under the State plan.

(b) Implementing regulations; notice, opportunity to be heard, etc.

    The Secretary shall by regulation provide procedures for 
implementation of this section, which procedures shall--
        (1) assure that the authority under this section is exercised 
    only on behalf of a State agency which demonstrates to the 
    Secretary's satisfaction that it has provided adequate notice of a 
    determination or of a need for information, and an opportunity to 
    appeal such determination or to provide such information,
        (2) determine the amount of the payment to which the institution 
    or person would otherwise be entitled under this subchapter which 
    shall be treated as a setoff against overpayments under subchapter 
    XIX of this chapter, and
        (3) 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 XIX of this chapter 
    and to which the institution or person would otherwise be entitled 
    under this subchapter.

(c) Payment to States of amounts recovered

    Notwithstanding any other provision of this chapter, from the trust 
funds established under sections 1395i and 1395t of this title, as 
appropriate, the Secretary shall pay to the appropriate State agency 
amounts recovered under this section to offset the State agency's 
overpayment under subchapter XIX of this chapter. Such payments shall be 
accounted for by the State agency as recoveries of overpayments under 
the State plan.

(Aug. 14, 1935, ch. 531, title XVIII, Sec. 1885, as added Pub. L. 97-35, 
title XXI, Sec. 2104, Aug. 13, 1981, 95 Stat. 788.)
