US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1320a–5

Disclosure by institutions, organizations, and agencies of owners, officers, etc., convicted of offenses related to programs; notification requirements; “managing employee” defined

(a)
1
1 So in original. The comma probably should not appear.
section 1320a–7(b)(8) of this title As a condition of participation in or certification or recertification under the programs established by subchapters XVIII, and XIX, any hospital, nursing facility, or other entity (other than an individual practitioner or group of practitioners) shall be required to disclose to the Secretary or to the appropriate State agency the name of any person that is a person described in subparagraphs (A) and (B) of . The Secretary or the appropriate State agency shall promptly notify the Inspector General in the Department of Health and Human Services of the receipt from any entity of any application or request for such participation, certification, or recertification which discloses the name of any such person, and shall notify the Inspector General of the action taken with respect to such application or request.
(b)
For the purposes of this section, the term “managing employee” means, with respect to an entity, an individual, including a general manager, business manager, administrator, and director, who exercises operational or managerial control over the entity, or who directly or indirectly conducts the day-to-day operations of the entity.

Aug. 14, 1935, ch. 531Pub. L. 95–142, § 8(a)91 Stat. 1194Pub. L. 97–35, title XXIII, § 2353(j)95 Stat. 873Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(D)(vi)98 Stat. 1170Pub. L. 100–93, § 8(b)101 Stat. 692(, title XI, § 1126, as added , , ; amended , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 100–93, § 8(b)(1)section 1320a–7(b)(8) of this title1987—Subsec. (a). , in first sentence substituted “or other entity (other than an individual practitioner or group of practitioners) shall be required to disclose to the Secretary or to the appropriate State agency the name of any person that is a person described in subparagraphs (A) and (B) of .” for “or other institution, organization, or agency shall be required to disclose to the Secretary or to the appropriate State agency the name of any person who—

“(1) has a direct or indirect ownership or control interest of 5 percent or more in such institution, organization, or agency or is an officer, director, agent, or managing employee (as defined in subsection (b) of this section) of such institution, organization, or agency, and

“(2) has been convicted (on or after , or within such period prior to that date as the Secretary shall specify in regulations) of a criminal offense related to the involvement of such person in any of such programs.”,

and in second sentence substituted “entity” for “institution, organization, or agency”.

Pub. L. 100–93, § 8(b)(2)Subsec. (b). , substituted “entity” for “institution, organization, or agency” in three places.

Pub. L. 98–3691984—Subsec. (a). substituted “Health and Human Services” for “Health, Education, and Welfare” in provisions following par. (2).

Pub. L. 97–351981—Subsec. (a). substituted in provision preceding par. (1) “and XIX” for “XIX, and XX”.

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Pub. L. 100–93section 15(a) of Pub. L. 100–93section 1320a–7 of this titleAmendment by effective at end of fourteen-day period beginning , and inapplicable to administrative proceedings commenced before end of such period, see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–369section 2664(b) of Pub. L. 98–369section 401 of this titleAmendment by effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–35section 2354 of Pub. L. 97–35section 1397 of this titleAmendment by effective , except as otherwise explicitly provided, see , set out as an Effective Date note under .

Effective Date

Pub. L. 95–142, § 8(e)91 Stat. 1195

“The amendments made by this section [enacting this section and amending sections 1395cc, 1396b, and 1397a of this title] shall apply with respect to contracts, agreements, and arrangements entered into and approvals given pursuant to applications or requests made on and after the first day of the fourth month beginning after the date of the enactment of this Act [].”
, , , provided that: