16584 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations

(vi) Violate a requirement of section

1867 of the Act or § 489.24 of this title;

(vii) Substantially fail to provide an

enrollee with required medically

necessary items and services, or engage

in certain marketing, enrollment,

reporting, claims payment, employment

or contracting abuses; or

(viii) Have submitted certain

prohibited claims under the Medicare

program;

(ix) Present or cause to be presented

a bill or claim for designated health

service (as defined in § 411.351 of this

title) that they know, or should know,

were furnished in accordance with a

referral prohibited under § 411.353 of

this title;

(x) Have collected amounts that they

know or should know were billed in

violation of § 411.353 of this title and

have not refunded the amounts

collected on a timely basis; or

(xi) Are physicians or entities that

enter into an arrangement or scheme

that they know or should know has as

a principal purpose the assuring of

referrals by the physician to a particular

entity which, if made directly, would

violate the provisions of § 411.353 of

this title.

* * * * *

3. Section 1003.101 is amended by

adding a definition for the term timely

basis to read as follows:

§ 1003.101 Definitions

* * * * *

Timely basis means, in accordance

with § 1003.102(b)(9) of this part, the

60-day period from the time the

prohibited amounts are collected by the

individual or the entity.

* * * * *

4. Section 1003.102 is amended by

revising paragraphs (a)(3), (a)(4)

introductory test, and (a)(4)(iii); and by

adding paragraphs (a)(5), (b)(9) and

(b)(10) to read as follows:

§ 1003.102 Basis for civil money penalties

and assessments.

(a) * * *

(3) An item or service furnished

during a period in which the person was

excluded from participation in the

program to which the claim was made

in accordance with a determination

made under sections 1128 (42 U.S.C.

1320a–7), 1128A (42 U.S.C. 1320a–7a),

1156 (42 U.S.C. 1320c–5), 1160(b) as in

effect on September 2, 1982 (42 U.S.C.

1320c–9(b)), 1842(j)(2) (42 U.S.C.

1395u(j)), 1862(d) as in effect on August

18, 1987 (42 U.S.C. 1395y(d)), or 1866(b)

(42 U.S.C. 1395cc(b));

(4) A physician’s services (or an item

or service) for which the person knew,

or should have known, that the

individual who furnished (or supervised

the furnishing of) the service—

* * * * *

(iii) Represented to the patient at the

time the service was furnished that the

physician was certified in a medical

specialty board when he or she was not

so certified; or

(5) A payment that such person

knows, or should know, may not be

made under § 411.353 of this title.

(b) * * *

(9) Has not refunded on a timely

basis, as defined in § 1003.101 of this

part, amounts collected as the result of

billing an individual, third party payer

or other entity for a designated health

service that was provided in accordance

with a prohibited referral as described

in § 411.353 of this title;

(10) Is a physician or entity that enters

into—

(i) A cross referral arrangement, for

example, whereby the physician owners

of entity ‘‘X’’ refer to entity ‘‘Y,’’ and the

physician owners of entity ‘‘Y’’ refer to

entity ‘‘X’’ in violation of § 411.353 of

this title, or

(ii) Any other arrangement or scheme

that the physician or entity knows, or

should know, has a principal purpose of

circumventing the prohibitions of

§ 411.353 of this title.

* * * * *

5. Section 1003.103 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 1003.103 Amount of penalty.

(a) Except as provided in paragraphs

(b), (c) and (d) of this section, the OIG

may impose a penalty of not more than

$2,000 for each item or service that is

subject to a determination under

§ 1003.102.

(b) The OIG may impose a penalty of

not more than $15,000 for each person

with respect to whom a determination

was made that false or misleading

information was given under

§ 1003.102(b)(4), or for each item and

service that is subject to a determination

under § 1003.102(a)(5) or

§ 1003.102(b)(9) of this part. The OIG

may impose a penalty of not more than

$100,000 for each arrangement or

scheme that is subject to a

determination under § 1003.102(b)(10)

of this part.

* * * * *

6. Section 1003.106 is amended by

revising paragraph (a)(1) introductory

text and paragraph (a)(1)(iv); by

redesignating paragraph (a)(1)(v) as

paragraph (a)(1)(vii); and by adding new

paragraphs (a)(1)(v) and (a)(1)(vi) to read

as follows:

§ 1003.106 Determination regarding the

amount of the penalty and assessment.

(a) Amount of penalty. (1) In

determining the amount of any penalty

or assessment in accordance with

§ 1003.102 (a), (b)(1), (b)(4), (b)(9), and

(b)(10), the Department will take into

account—

* * * * *

(iv) The financial condition of the

person presenting the claim or request

for payment, or giving the information;

(v) The completeness and timeliness

of the refund with respect to

§ 1003.102(b)(9);

(vi) The amount of financial interest

involved with respect to

§ 1003.102(b)(10); and

* * * * *

Dated: October 4, 1994.

June Gibbs Brown,

Inspector General.

Approved: December 30, 1994.

Donna E. Shalala,

Secretary.

[FR Doc. 95–7845 Filed 3–30–95; 8:45 am]

BILLING CODE 4150–04–M

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7129

[WY–930–1430–01; WYW–92953–01]

Revocation of Executive Order No.

3410, Dated February 22, 1921;

Wyoming

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public Land Order.

SUMMARY: This order revokes an

Executive order that involves 2,844.17

acres of National Forest System land

withdrawn for powersite purposes in

the Shoshone National Forest. The land

is no longer needed for powersite

purposes. This action will open

2,336.22 acres to such forms of

disposition as may by law be made of

National Forest System land, including

exchange under the General Exchange

Act of 1922. The 2,336.22 acres has been

open to mining under the provisions of

the Mining Claims Rights Restoration

Act of 1955, and these provisions are no

longer required. There are 427.95 acres

that would remain closed to disposal by

an overlapping withdrawal. The

remaining 80 acres have been conveyed

into private ownership with revocation

being a record clearing action as it

pertains to that land. The entire acreage,

with the exception of the 80 acres,
Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16585

remains open to mining and mineral

leasing.

EFFECTIVE DATE: May 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Duane Feick, BLM Wyoming State

Office, P.O. Box 1828, Cheyenne,

Wyoming 82003, 307–775–6127.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. Executive Order No. 3410, dated

February 22, 1921, which withdrew

National Forest System land for

powersite purposes, is hereby revoked

in its entirety for the following

described land:

Sixth Principal Meridian

T. 52 N., R. 105 W.,

Sec. 17, W1⁄2;

Sec. 18;

Sec. 19, lots 1 to 4, inclusive E1⁄2, and

E1⁄2W1⁄2, (formerly sec. 19, all);

Sec. 20, W1⁄2;

Sec. 29, lots 4 to 7, inclusive, SW1⁄4NW1⁄4,

and SW1⁄4, (formerly sec. 29, W1⁄2);

Sec. 30.

The area described contains 2,844.17 acres

in Park County.

2. The following described National

Forest System land will remain closed

to disposal because of an overlapping

withdrawal, Executive Order dated

March 27, 1913, for powersite purposes:

Sixth Principal Meridian

T. 52 N., R. 105 W.,

Sec. 19, lots 2 to 4, inclusive, SE1⁄4NE1⁄4,

SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4.

The area described contains 427.95 acres in

Park County.

3. Revocation of the withdrawal for

the following described private land is

a record clearing action with no

opening:

Sixth Principal Meridian

T. 52 N., R. 105 W.,

Sec. 17, SE1⁄4SW1⁄4;

Sec. 20, NE1⁄4NW1⁄4.

The area described contains 80 acres in

Park County.

4. At 9:00 a.m. on May 1, 1995, the

land described in paragraph 1, except as

provided in paragraphs 2 and 3, will be

opened to such forms of disposition as

may by law be made of National Forest

System land, subject to valid existing

rights, the provisions of existing

withdrawals, other segregations of

record, and the requirements of

applicable law. The land described in

paragraph 1 has been open to mining

under the provisions of the Mining

Claims Rights Restoration Act of 1955,

and these provisions are no longer

required, except for the land described

in paragraphs 2 and 3.

Dated: March 21, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–8000 Filed 3–30–95; 8:45 am]

BILLING CODE 4310–22–M

43 CFR Public Land Order 7130

[ID–943–1430–01; IDI–29793]

Modification of Secretarial Order Dated

June 18, 1908, and Executive Order No.

2067 Dated October 28, 1914, and

Transfer of Jurisdiction; Idaho

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY: This order modifies the

Secretarial Order dated June 18, 1908,

and Executive Order No. 2067 dated

October 28, 1914, insofar as they affect

37.50 acres of public land lying outside

National Forest boundaries, withdrawn

for a Forest Service guard station/

administrative site. This order transfers

jurisdiction of the land from the Forest

Service to the Fish and Wildlife Service

and establishes a 20-year term. The land

will continue to be used as an

administrative site for the Fish and

Wildlife Service and will remain closed

to surface entry and mining. The land

has been and will remain open to

mineral leasing.

EFFECTIVE DATE: March 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Larry R. Lievsay, BLM Idaho State

Office, 3380 Americana Terrace, Boise,

Idaho 83706–2500, 208–384–3166.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is hereby ordered as

follows:

1. The Secretarial Order dated June

18, 1908, and Executive Order No. 2067

dated October 28, 1914, which

withdrew land for use by the Forest

Service, Department of Agriculture, for

a guard station/administrative site, are

hereby modified to transfer jurisdiction

of the land from the Forest Service to

the Fish and Wildlife Service for use as

an administrative site. The land is

described as follows:

Boise Meridian

(Secretarial Order dated June 18, 1908)

T. 4 S., R. 43 E.,

Sec. 35, E1⁄2SE1⁄4NE1⁄4,

N1⁄2S1⁄2NW1⁄4SE1⁄4NE1⁄4 and

N1⁄2NW1⁄4SE1⁄4NE1⁄4.

(Executive Order No. 2067 dated October 28,

1914)

T. 4 S., R. 43 E.,

Sec. 35, NE1⁄4NE1⁄4SE1⁄4.

The area described contains 37.50 acres in

Bonneville County.

2. The land described above continues

to be withdrawn from settlement, sale,

location, or entry under the pubic land

laws, including the United States

mining laws (30 U.S.C. Ch. 2 (1988)), to

protect the Fish and Wildlife Service

Grays Lake Refuge Headquarters. The

land has been and remains open to

leasing under the mineral leasing laws.

3. This withdrawal will expire 20

years from the effective date of this

order unless, as a result of a review

conducted before the expiration date

pursuant to Section 204(f) of the Federal

Land Policy and Management Act of

1976, 43 U.S.C. 1714(f) (1988), the

Secretary determines that the

withdrawal shall be extended.

Dated: March 21, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–8001 Filed 3–30–95; 8:45 am]

BILLING CODE 4310–CG–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 93–185; RM–8249]

Radio Broadcasting Services; Estes

Park, CO

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots FM

Channel 271A to Estes Park, Colorado,

as that community’s first local FM

service, in response to a petition for rule

making filed on behalf of Hambric

Associates. See 58 FR 37696, July 13,

1993. With this action, the proceeding is

terminated.

DATES: Effective May 12, 1995. The

window period for filing applications

on Channel 271A at Estes Park,

Colorado, will open on May 12, 1995,

and close on June 12, 1995.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

window application filing process for

Channel 271A at Estes Park, Colorado,

should be addressed to the Audio

Services Division, FM Branch, Mass

Media Bureau, (202) 418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 93–185,

adopted March 21, 1995, and released

March 28, 1995. The full text of this

Commission decision is available for