42 U.S.C. § 1320a-8a : US Code - Section 1320A-8A: Administrative procedure for imposing penalties for false or misleading statements

Search 42 U.S.C. § 1320a-8a : US Code - Section 1320A-8A: Administrative procedure for imposing penalties for false or misleading statements

(a) In general
Any person who -
(1) makes, or causes to be made, a statement or representation
of a material fact, for use in determining any initial or
continuing right to or the amount of monthly insurance benefits
under subchapter II of this chapter or benefits or payments under
subchapter XVI of this chapter that the person knows or should
know is false or misleading,
(2) makes such a statement or representation for such use with
knowing disregard for the truth, or
(3) omits from a statement or representation for such use, or
otherwise withholds disclosure of, a fact which the person knows
or should know is material to the determination of any initial or
continuing right to or the amount of monthly insurance benefits
under subchapter II of this chapter or benefits or payments under
subchapter XVI of this chapter, if the person knows, or should
know, that the statement or representation with such omission is
false or misleading or that the withholding of such disclosure is
misleading,
shall be subject to, in addition to any other penalties that may be
prescribed by law, a penalty described in subsection (b) of this
section to be imposed by the Commissioner of Social Security.
(b) Penalty
The penalty described in this subsection is -
(1) nonpayment of benefits under subchapter II of this chapter
that would otherwise be payable to the person; and
(2) ineligibility for cash benefits under subchapter XVI of
this chapter,
for each month that begins during the applicable period described
in subsection (c) of this section.
(c) Duration of penalty
The duration of the applicable period, with respect to a
determination by the Commissioner under subsection (a) of this
section that a person has engaged in conduct described in
subsection (a) of this section, shall be -
(1) six consecutive months, in the case of the first such
determination with respect to the person;
(2) twelve consecutive months, in the case of the second such
determination with respect to the person; and
(3) twenty-four consecutive months, in the case of the third or
subsequent such determination with respect to the person.
(d) Effect on other assistance
A person subject to a period of nonpayment of benefits under
subchapter II of this chapter or ineligibility for subchapter XVI
of this chapter benefits by reason of this section nevertheless
shall be considered to be eligible for and receiving such benefits,
to the extent that the person would be receiving or eligible for
such benefits but for the imposition of the penalty, for purposes
of -
(1) determination of the eligibility of the person for benefits
under subchapters XVIII and XIX of this chapter; and
(2) determination of the eligibility or amount of benefits
payable under subchapter II or XVI of this chapter to another
person.
(e) Definition
In this section, the term "benefits under subchapter VIII or XVI
of this chapter" includes State supplementary payments made by the
Commissioner pursuant to an agreement under section 1010a or
1382e(a) of this title or section 212(b) of Public Law 93-66, as
the case may be.
(f) Consultations
The Commissioner of Social Security shall consult with the
Inspector General of the Social Security Administration regarding
initiating actions under this section.