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(a) The OIG may impose an assessment, where authorized, in accordance with § 1003.102, of not more than -
(1) Two times the amount for each item or service wrongfully claimed prior to January 1, 1997; and
(2) Three times the amount for each item or service wrongfully claimed on or after January 1, 1997.
(b) The assessment is in lieu of damages sustained by the Department or a State agency because of that claim.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 262a - Enhanced control of dangerous biological agents and toxins
§ 1302 - Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals
§ 1395u - Provisions relating to the administration of part B
§ 1395cc - Agreements with providers of services; enrollment processes
§ 1395dd - Examination and treatment for emergency medical conditions and women in labor
§ 1395mm - Payments to health maintenance organizations and competitive medical plans
§ 1395nn - Limitation on certain physician referrals
§ 1395ss - Certification of medicare supplemental health insurance policies
§ 1396 - Medicaid and CHIP Payment and Access Commission
§ 1396b - Payment to States
§ 11131 - Requiring reports on medical malpractice payments
§ 11137 - Miscellaneous provisions
Title 42 published on 2014-10-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 42 CFR Part 1003 after this date.
This proposed rule would amend the safe harbors to the anti-kickback statute and the civil monetary penalty (CMP) rules under the authority of the Office of Inspector General (OIG). The proposed rule would add new safe harbors, some of which codify statutory changes set forth in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) and the Patient Protection and Affordable Care Act, Public Law 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, 124 Stat. 1029 (2010) (ACA), and all of which would protect certain payment practices and business arrangements from criminal prosecution or civil sanctions under the anti-kickback statute. We also propose to codify revisions to the definition of “remuneration,” added by the Balanced Budget Act (BBA) of 1997 and ACA, and add a gainsharing CMP provision in our regulations.