I
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 Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction 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 Representa-
tives 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 PROVI-
SIONS.—
(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 amend-
ed by adding at the end the following new sub-
section:
‘‘(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 follow-
ing: ‘‘An exclusion, penalty, or assessment imposed
under this section or a proceeding that seeks an ex-
clusion, penalty, or assessment under this section, is
not subject to the automatic stay under section
362(a) of title 11, United States Code. Notwith-
standing 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 MEDI-
CARE.—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 provi-
sion of such title.’’.
(4) IN RECOUPMENT UNDER PART B OF MEDI-
CARE.—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 provi-
sion 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 MEDI-
CARE.—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 MEDI-
CARE.—Section 1833(j) of such Act (42 U.S.C.
1395l(j)), as amended by subsection (a)(4), is fur-
ther 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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