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TITLE XI-GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION 1

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Penalty for fraud

545

Sec. 1108.

Additional grants to Puerto Rico, the Virgin Islands, Guam,
and American Samoa; limitation on total payments.

546

Sec. 1109.

Amounts disregarded not to be taken into account in determin-
ing eligibility of other individuals.

548

Sec. 1110.

Sec. 1111.

Cooperative research or demonstration projects
Public assistance payments to legal representatives

549

551

Sec. 1112.

551

Sec. 1113.

551

Sec. 1114.
Sec. 1115.
Sec. 1116.

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Sec. 1117.

Medical care guides and reports for public assistance and medi-
cal assistance.

Assistance for United States citizens returned from foreign
countries.

Appointment of Advisory Council and other advisory groups
Demonstration projects

Administrative and judicial review of certain administrative de-
terminations.

Appointment of the Administrator and Chief Actuary of the
Health Care Financing Administration.

558

Title XI of the Social Security Act is administered by the Department of Health and Human Services and by the Department of Labor.

Title XI appears in the United States Code as §§1301-1320d-8, subchapter XI, chapter 7,

Title 42.

Regulations of the Secretary of Health and Human Services relating to Title XI are contained in chapter III, Title 20, in chapters I, II, and IV, Title 42, and in subtitle A and chapters I, III, and XIII, Title 45, Code of Federal Regulations. Regulations of the Secretary of Labor relating to Title XI are contained in chapter V, Title 20, and subtitle A, Title 29, Code of Federal Regulations.

See Vol. II, P.L. 88-164, §124(b)(4), with respect to the membership of the State Planning Councils.

See Vol. II, P.L. 88-352, §601, for prohibition against discrimination in federally assisted programs.

See Vol. II, P.L. 100-204, §724(d), with respect to furnishing information to the United States Commission on Improving the Effectiveness of the United Nations; and §725(b), with respect to the detailing of Government personnel.

See Vol. II, P.L. 100-235, 885-8, with respect to responsibilities of each Federal agency for computer systems security and privacy.

See Vol. II, P.L. 101-508, §5120, with respect to vocational rehabilitation demonstration projects.

See Vol. II, P.L. 103-432, §232, with respect to measurement and reporting of welfare receipt. 2 This table of contents does not appear in the law.

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Sec. 1118.

Alternative Federal payment with respect to public assistance
expenditures.

559

Sec. 1119.

Federal participation in payments for repairs to home owned by
recipient of aid or assistance.

559

Sec. 1120.

Approval of certain projects

560

Sec. 1121.

Uniform reporting systems for health services facilities and or-
ganizations.

560

Sec. 1123.

Sec. 1122.

Sec. 1123A.

Limitation on Federal participation for capital expenditures
Effect of failure to carry out State plan

561

564

Reviews of child and family services programs, and of foster
care and adoption assistance programs, for conformity with
State plan requirements.

565

Sec. 1124.

Sec. 1124A.

Disclosure of ownership and related information
Disclosure requirements for other providers under part B of
Medicare.

566

567

Sec. 1125.

Issuance of subpenas by Comptroller General

569

Sec. 1126.

Disclosure by institutions, organizations, and agencies of own-
ers and certain other individuals who have been convicted of
certain offenses.

569

Sec. 1127.

Adjustments in SSI benefits on account of retroactive benefits
under Title II.

570

Sec. 1128.

Exclusion of certain individuals and entities from participation
in medicare and State health care programs.

571

Sec. 1128A.

Civil monetary penalties......

579

Sec. 1128B.

Criminal penalties for acts involving Federal health care pro-
grams.

586

Sec. 1128C.

Fraud and abuse control program

590

Sec. 1128D.

Guidance regarding application of health care fraud and abuse
sanctions.

591

Sec. 1128E.

Health care fraud and abuse data collection program

594

Sec. 1128F.
Sec. 1129.

Coordination of Medicare and Medicaid Surety Bond Provisions
Civil monetary penalties and assessments for titles II, VIII and
XVI.

597

597

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Notification of social security claimant with respect to deferred
vested benefits.

605

Sec. 1132.

Period within which certain claims must be filed

606

Sec. 1133.

Applicants or recipients under public assistance programs not
to be required to make election respecting certain veterans'
benefits.

606

Sec. 1134.

Nonprofit hospital philanthropy

607

Sec. 1135.
Sec. 1136.

Authority to waive requirements during national emergencies 608
Exclusion of representatives and health care providers con-
victed of violations from participation in social security pro-
grams.

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Prohibition of misuse of symbols, emblems, or names in ref

623

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Research on outcomes of health care services and procedures
Social security account statements

628

632

Sec. 1144.

Outreach efforts to increase awareness of the availability of
medicare cost-sharing.

633

Sec. 1145.

Protection of social security and medicare trust funds

634

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Sec. 1146.

Public disclosure of certain information on hospital financial in-
terest and referral patterns.

634

Sec. 1147.

Recovery of SSI overpayments from other benefits

634

Sec. 1147A.

Recovery of social security benefit overpayments from title VIII
benefits.

635

Sec. 1148.
Sec. 1149.

The ticket to work and self-sufficiency program

635

Work incentives outreach program

645

Sec. 1150.

State grants for work incentives assistance to disabled bene-
ficiaries.

648

Sec. 1151.

Sec. 1152.

Part B-Peer Review of the Utilization and Quality of Health Care Services

Purpose

Definition of utilization and quality control peer review organi

zation.

649

649

Sec. 1153.

Contracts with utilization and quality control peer review orga-
nizations.

650

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Obligations of health care practitioners and providers of health
care services; sanctions and penalties; hearings and review.
Limitation on liability

662

664

Sec. 1158.

Application of this part to certain State programs receiving 665
Federal financial assistance.

Sec. 1159.

Authorization for use of certain funds to administer the provi-
sions of this part.

665

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Exemptions for religious nonmedical health care institutions
Medical officers in American Samoa, the Northern Mariana Is-
lands, and the Trust Territory of the Pacific Islands to be in-
cluded in the utilization and quality control peer review pro-
gram.

Part C-Administrative Simplification

Definitions

668

Sec. 1171.

668

Sec. 1172.

General requirements for adoption of standards

670

Sec. 1173.

Sec. 1174.

Standards for information transactions and data elements
Timetables for adoption of standards

671

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SEC. 1101. [42 U.S.C. 1301] (a) When used in this Act

(1) The term "State", except where otherwise provided, includes the District of Columbia and the Commonwealth of Puerto Rico, and when used in titles IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam. Such term when used in titles III, IX, and XII also includes the Virgin Islands. Such term when used in title V and in part B of this title also

includes American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Such term when used in titles XIX and XXI also includes the Northern Mariana Islandsand American Samoa. In the case of Puerto Rico, the Virgin Islands, and Guam, titles I, X, and XIV, and title XVI (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 19723) shall continue to apply, and the term "State" when used in such titles (but not in title XVI as in effect pursuant to such amendment after December 31, 1973) includes Puerto Rico, the Virgin Islands, and Guam. Such term when used in title XX also includes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. Such term when used in title IV also includes American Samoa.

(2) The term "United States" when used in a geographical sense means, except where otherwise provided, the States.

(3) The term "person" means an individual, a trust or estate, a partnership, or a corporation.

(4) The term "corporation" includes associations, joint-stock companies, and insurance companies.

(5) The term "shareholder" includes a member in an association, joint-stock company, or insurance company.

(6) The term "Secretary", except when the context otherwise requires, means the Secretary of Health and Human Services. (7) The terms "physician" and "medical care" and "hospitalization" include osteopathic practitioners or the services of osteopathic practitioners and hospitals within the scope of their practice as defined by State law.

(8)(A) The "Federal percentage" for any State (other than Puerto Rico, the Virgin Islands, and Guam) shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the square of the per capita income of such State bears to the square of the per capita income of the United States; except that the Federal percentage shall in no case be less than 50 per centum or more than 65 per centum.

(B) The Federal percentage for each State (other than Puerto Rico, the Virgin Islands, and Guam) shall be promulgated by the Secretary between October 1 and November 30 of each year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the four quarters in the period beginning October 1 next succeeding such promulgation: Provided, That the Secretary shall promulgate such percentages as soon as possible after the enactment of the Social Security Amendments of 19584, which promulgation shall be conclusive for each of the eleven quarters in the period beginning October 1, 1958, and ending with the close of June 30, 1961.

(C) The term "United States" means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia.

3P.L. 92-603, §301, added Title XVI, Supplemental Security Income for the Aged, Blind, and Disabled.

4 August 28, 1958 [P.L. 85-840; 72 Stat. 1013].

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