§232. PENALTY FOR FALSE CERTIFICATION FOR HOME HEALTH SERVICES. (42 U.S.C. 1320a-7a)

Health Insurance Portability and Accountability Act of 1996

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

(a) In General.—Section 1128A(b) is amended by adding at the end the following new paragraph:

‘‘(3)(A) Any physician who executes a document described in subparagraph (B) with respect to an individual knowing that all of the requirements referred to in such subparagraph are not met with respect to the individual shall be subject to a civil monetary penalty of not more than the greater of—

‘‘(i) $5,000, or

‘‘(ii) three times the amount of the payments under title XVIII for home health services which are made pursuant to such certification.

‘‘(B) A document described in this subparagraph is any document that certifies, for purposes of title XVIII, that an individual meets the requirements of section 1814(a)(2)(C) or 1835(a)(2)(A) in the case of home health services furnished to the individual.’’.

(b) Effective Date (42 U.S.C. 1320a-7a).—The amendment made by subsection (a) shall apply to certifications made on or after the date of the enactment of this Act.