§204. APPLICATION OF CERTAIN HEALTH ANTIFRAUD AND ABUSE SANCTIONS TO FRAUD AND ABUSE AGAINST FEDERAL HEALTH CARE PROGRAMS.

Health Insurance Portability and Accountability Act of 1996

TITLE II—PREVENTING HEALTH CARE FRAUD AND ABUSE; ADMINISTRATIVE SIMPLIFICATION

(a) In General.—Section 1128B (42 U.S.C. 1320a-7b) is amended as follows:

(a)(1) In the heading, by striking ‘‘Medicare or state health care programs’’ and inserting ‘‘federal health care programs’’.

(a)(2) In subsection (a)(1), by striking ‘‘a program under title XVIII or a State health care program (as defined in section 1128(h))’’ and inserting ‘‘a Federal health care program (as defined in subsection (f))’’.

(a)(3) In subsection (a)(5), by striking ‘‘a program under title XVIII or a State health care program’’ and inserting ‘‘a Federal health care program’’.

(a)(4) In the second sentence of subsection (a)—

(a)(4)(A) by striking ‘‘a State plan approved under title XIX’’ and inserting ‘‘a Federal health care program’’, and

(a)(4)(B) by striking ‘‘the State may at its option (notwithstanding any other provision of that title or of such plan)’’ and inserting ‘‘the administrator of such program may at its option (notwithstanding any other provision of such program)’’.

(a)(5) In subsection (b), by striking ‘‘title XVIII or a State health care program’’ each place it appears and inserting ‘‘a Federal health care program’’.

(a)(6) In subsection (c), by inserting ‘‘(as defined in section 1128(h))’’ after ‘‘a State health care program’’.

(a)(7) By adding at the end the following new subsection:

‘‘(f) For purposes of this section, the term 'Federal health care program' means—

‘‘(1) any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the United States Government (other than the health insurance program under chapter 89 of title 5, United States Code); or

‘‘(2) any State health care program, as defined in section 8(h).

(b) Effective Date. (42 USC 1320a-7b)—The amendments made by this section shall take effect on January 1, 1997.