(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 provi-
sion of such title.’’.
(4) IN RECOUPMENT UNDER PART B OF MEDI-
CARE.—Section 1833(j) (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 provi-
sion of such title.’’.
(5) IN COLLECTION OF OVERDUE PAYMENTS ON
SCHOLARSHIPS
AND
LOANS.—Section 1892(a)(4)
(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) NONDISCHARGEABILITY.—
(1) IN CIVIL MONEY PENALTY PROCEEDINGS.—
Section 1128A(a) (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 MEDI-
CARE.—Section 1815(d) (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 MEDI-
CARE.—Section 1833(j) (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 Sec-
retary 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.
SEC. 10. ADMINISTRATIVE FEES FOR MEDICARE OVERPAY-
MENT COLLECTION.
(a) ADMINISTRATIVE FEES
FOR PROVIDERS
OF
SERVICES UNDER PART A.—Section 1815(d) (42 U.S.C.
1395g(d)), as amended by section 9(a)(3), is amended by
adding at the end the following new paragraph:
‘‘(3)(A) Except as provided in subparagraph (B), if
the payment of the excess described in paragraph (1) is
not made (or effected by offset) within 30 days of the date
of the determination, an administrative fee of 1 percent
of the outstanding balance of the excess (after application
of paragraph (1)), or such lower amount as an Adminis-
trative Law Judge may determine upon an appeal of the
initial determination of the excess, shall be imposed on the
provider, for deposit into the Trust Fund under this part.
‘‘(B) The administrative fee shall be imposed under
subparagraph (A) on a provider of services paid on a pro-
spective basis only if such provider’s cost report with re-
spect to the payment determined to be in excess of the
payment due under this part indicates that the provider’s
projected costs exceeded its actual costs by 30 percent or
more.’’.
(b) ADMINISTRATIVE FEES
FOR PROVIDERS
OF
SERVICES OR OTHER PERSONS UNDER PART B.—Section
1833(j) (42 U.S.C. 1395l(j)), as amended by section
9(a)(4), is amended by adding at the end the following
new paragraph:
‘‘(3) If the excess described in paragraph (1) is not
made (or effected by offset) within 30 days of the date
of the determination, an administrative fee of 1 percent
of the outstanding balance of the excess (after application
of paragraph (1)), or such lower amount as an Adminis-
trative Law Judge may determine upon an appeal of the
initial determination of the excess, shall be imposed on the
provider, or other person receiving the excess, for deposit
into the Trust Fund under this part.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to final determinations made on
or after the date of enactment of this Act.
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