IMPOSITION OF CIVIL MONEY PENALTIES.

SEC. 4304. IMPOSITION OF CIVIL MONEY PENALTIES. (a) Civil Money Penalties for Persons That Contract With Excluded Individuals.—Section 1128A(a) (42 U.S.C. 1320a–7a(a)) is amended— (1) in paragraph (4), by striking “or” at the end; (2) in paragraph (5), by adding “or” at the end; and (3) by inserting after paragraph (5) the following new paragraph: “(6) arranges or contracts (by employment or otherwise) with an individual or entity that the person knows or should know is excluded from participation in a Federal health care program (as defined in section 1128B(f)), for the provision of items or services for which payment may be made under such a program;”. (b) Civil Money Penalties for Kickbacks.— (1) Permitting secretary to impose civil money penalty.—Section 1128A(a) (42 U.S.C. 1320a–7a(a)), as amended by subsection (a), is amended— (A) in paragraph (5), by striking “or” at the end;111 STAT. 384 (B) in paragraph (6), by adding “or” at the end; and (C) by adding after paragraph (6) the following new paragraph: “(7) commits an act described in paragraph (1) or (2) of section 1128B(b);”. (2) Description of civil money penalty applicable.—Section 1128A(a) (42 U.S.C. 1320a–7a(a)), as amended by paragraph (1), is amended in the matter following paragraph (7)— (A) by striking “occurs).” and inserting “occurs; or in cases under paragraph (7), $50,000 for each such act).”; and (B) by inserting after “of such claim” the following: “(or, in cases under paragraph (7), damages of not more than 3 times the total amount of remuneration offered, paid, solicited, or received, without regard to whether a portion of such remuneration was offered, paid, solicited, or received for a lawful purpose)”. (c) Effective Dates.— (1) Contracts with excluded persons.—The amendments made by subsection (a) shall apply to arrangements and contracts entered into after the date of the enactment of this Act. (2) Kickbacks.—The amendments made by subsection (b) shall apply to acts committed after the date of the enactment of this Act.