[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2466 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2466

 To amend the Social Security Act with respect to limiting the use of 
 automatic stays and discharge in bankruptcy proceedings for provider 
                    liability for health care fraud.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 1997

  Mr. Stark introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on Ways 
and Means, and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Social Security Act with respect to limiting the use of 
 automatic stays and discharge in bankruptcy proceedings for provider 
                    liability for health care fraud.

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

SECTION 1. LIMITING THE USE OF AUTOMATIC STAYS AND DISCHARGE IN 
              BANKRUPTCY PROCEEDINGS FOR PROVIDER LIABILITY FOR HEALTH 
              CARE FRAUD.

    (a) Nonapplicability of Automatic Stay Provisions.--
            (1) In exclusion proceedings.--Section 1128 of the Social 
        Security Act (42 U.S.C. 1320a-7), as amended by section 4303(a) 
        of the Balanced Budget Act of 1997 (Public Law 105-33), is 
        amended by adding at the end the following new subsection:
    ``(k) Nonapplicability of Bankruptcy Stay.--An exclusion imposed 
under this section or a proceeding seeking an exclusion under this 
section is not subject to the automatic stay under section 362(a) of 
title 11, United States Code.''.
            (2) In civil money penalty proceedings.--Section 1128A(a) 
        of such Act (42 U.S.C. 1320a-7a(a)) is amended by adding at the 
        end the following: ``An exclusion, penalty, or assessment 
        imposed under this section or a proceeding that seeks an 
        exclusion, penalty, or assessment under this section, is not 
        subject to the automatic stay under section 362(a) of title 11, 
        United States Code. Notwithstanding any other provision of law, 
        amounts made payable under this section are not dischargeable 
        under any provision of such title.''.
            (3) In recoupment under part a of medicare.--Section 
        1815(d) of such Act (42 U.S.C. 1395g(d)) is amended--
                    (A) by inserting ``(1)'' after ``(d)'', and
                    (B) by adding at the end the following:
    ``(2) The recoupment of an overpayment under this section is not 
subject to the automatic stay under section 362(a) of title 11, United 
States Code. Notwithstanding any other provision of law, amounts due to 
the Secretary under this section are not dischargeable under any 
provision of such title.''.
            (4) In recoupment under part b of medicare.--Section 
        1833(j) of such Act (42 U.S.C. 1395l(j)) is amended--
                    (A) by inserting ``(1)'' after``(j)'', and
                    (B) by adding at the end the following:
    ``(2) The recoupment of an overpayment under this section is not 
subject to the automatic stay under section 362(a) of title 11, United 
States Code. Notwithstanding any other provision of law, amounts due to 
the Secretary under this section are not dischargeable under any 
provision of such title.''.
            (5) In collection of overdue payments on scholarships and 
        loans.--Section 1892(a)(4) of such Act (42 U.S.C. 
        1395ccc(a)(4)) is amended by adding at the end the following:
            ``(5) An exclusion imposed under paragraph (2)(C)(ii) or 
        (3)(B) is not subject to the automatic stay under section 
        362(a) of title 11, United States Code.''.
    (b) Nondischargability.--
            (1) In civil money penalty proceedings.--Section 1128A(a) 
        of the Social Security Act (42 U.S.C. 1320a-7a(a)), as amended 
        by subsection (a)(2), is further amended by adding at the end 
        the following: ``Notwithstanding any other provision of law, 
        amounts made payable under this section are not dischargeable 
        under any provision of such title.''.
            (2) In recoupment under part a of medicare.--Section 
        1815(d) of such Act (42 U.S.C. 1395g(d)(2)), as amended by 
        subsection (a)(3), is further amended by adding at the end the 
        following:
    ``(3) Notwithstanding any other provision of law, amounts due to 
the Secretary under this section are not dischargeable under any 
provision of such title.''.
            (3) In recoupment under part b of medicare.--Section 
        1833(j) of such Act (42 U.S.C. 1395l(j)), as amended by 
        subsection (a)(4), is further amended by adding at the end the 
        following: ``Notwithstanding any other provision of law, 
        amounts due to the Secretary under this section are not 
        dischargeable under any provision of such title.''.
    (c) Effective Dates.--
            (1) The amendments made by subsection (a) shall apply to 
        bankruptcy petitions filed after the date of the enactment of 
        this Act.
            (2) The amendments made by subsection (b) shall apply on 
        and after the date of the enactment of this Act to any 
        proceeding which has not been completed as of such date.
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