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Title 42 — The Public Health and WelfareRelease 119-73

§1320a–5 Disclosure by institutions, organizations, and agencies of owners, officers, etc., convicted of offenses related to programs; notification requirements; “managing employee” defined

Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER XI— - GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part Part A— - General Provisions › § 1320a–5

Last updated Apr 6, 2026|Official source

Summary

Hospitals, nursing homes, and other facilities (not individual doctors or doctor groups) that want to take part in or be certified or recertified under the programs in subchapters XVIII and XIX must give the Secretary or the state agency the name of anyone who fits the description in subparagraphs (A) and (B) of section 1320a–7(b)(8). When the Secretary or state agency gets an application or recertification that names such a person, they must quickly tell the Department of Health and Human Services’ Inspector General and report what they decided about the application. "Managing employee" means a person—like a general manager, business manager, administrator, or director—who runs or controls the entity or handles its day-to-day operations.

Full Legal Text

Title 42, §1320a–5

The Public Health and Welfare — Source: USLM XML via OLRC

(a)As a condition of participation in or certification or recertification under the programs established by subchapters XVIII,11 So in original. The comma probably should not appear. 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 section 1320a–7(b)(8) of this title. 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Subsec. (a). Pub. L. 100–93, § 8(b)(1), 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 section 1320a–7(b)(8) of this title.” 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 October 25, 1977, 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”. Subsec. (b). Pub. L. 100–93, § 8(b)(2), substituted “entity” for “institution, organization, or agency” in three places. 1984—Subsec. (a). Pub. L. 98–369 substituted “Health and Human Services” for “Health, Education, and Welfare” in provisions following par. (2). 1981—Subsec. (a). Pub. L. 97–35 substituted in provision preceding par. (1) “and XIX” for “XIX, and XX”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–93 effective at end of fourteen-day period beginning Aug. 18, 1987, and inapplicable to administrative proceedings commenced before end of such period, see section 15(a) of Pub. L. 100–93, set out as a note under section 1320a–7 of this title.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–369 effective July 18, 1984, 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 section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title.

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–35 effective Oct. 1, 1981, except as otherwise explicitly provided, see section 2354 of Pub. L. 97–35, set out as an

Effective Date

note under section 1397 of this title.

Effective Date

Pub. L. 95–142, § 8(e), Oct. 25, 1977, 91 Stat. 1195, provided that: “The

Amendments

made by this section [enacting this section and amending section 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 [Oct. 25, 1977].”

Reference

Citations & Metadata

Citation

42 U.S.C. § 1320a–5

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73