[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4219 Introduced in House (IH)]

  2d Session
                                H. R. 4219

 To amend title 11 of the United States Code to make nondischargeable 
debts for overpayments received under title XVIII or XIX of the Social 
Security Act, and to except from automatic stay exclusion from program 
              participation under the Social Security Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 1996

  Mr. Stark introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 11 of the United States Code to make nondischargeable 
debts for overpayments received under title XVIII or XIX of the Social 
Security Act, and to except from automatic stay exclusion from program 
              participation under the Social Security Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare and Medicaid Recovery Act 
of 1996''.

SEC. 2. NONDISCHARGEABILITY OF DEBTS FOR OVERPAYMENTS RECEIVED UNDER 
              MEDICARE OR MEDICAID.

    (a) In General.--Section 523(a) of title 11, United States Code, is 
amended--
            (1) in paragraph (16), by striking the period at the end 
        and inserting ``; or''; and
            (2) by adding at the end the following:
            ``(17) to the extent such debt is for an overpayment 
        received under title XVIII or XIX of the Social Security 
        Act.''.
    (b) Applicability Under Chapter 13.--Section 1328(a)(2) of title 
11, United States Code, is amended by striking ``or (9)'' and inserting 
``(9), or (17)''.

SEC. 3. EXCLUSION FROM PROGRAM PARTICIPATION NOT SUBJECT TO AUTOMATIC 
              STAY.

    Section 362(b) of title 11, United States Code, is amended--
            (1) in paragraph (17), by striking ``or'' at the end;
            (2) in paragraph (18), by striking the period at the end 
        and inserting ``; or''; and
            (3) by inserting after paragraph (18) the following:
            ``(19) under subsection (a) of this section, of the 
        exclusion by the Secretary of Health and Human Services of the 
        debtor from participation in medicare and State health programs 
        pursuant to section 1128, 1892(a)(2)(C)(ii), or 1892(a)(3)(B) 
        of the Social Security Act.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act apply with respect to cases 
commenced under title 11, United States Code, on or after the date of 
the enactment of this Act.
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