42 U.S.C. § 1395ccc : US Code - Section 1395CCC: Offset of payments to individuals to collect past-due obligations arising from breach of scholarship and loan contract

Search 42 U.S.C. § 1395ccc : US Code - Section 1395CCC: Offset of payments to individuals to collect past-due obligations arising from breach of scholarship and loan contract

(a) In general
(1)(A) Subject to subparagraph (B), the Secretary shall enter
into an agreement under this section with any individual who, by
reason of a breach of a contract entered into by such individual
pursuant to the National Health Service Corps Scholarship Program,
the Physician Shortage Area Scholarship Program, or the Health
Education Assistance Loan Program, owes a past-due obligation to
the United States (as defined in subsection (b) of this section).
(B) The Secretary shall not enter into an agreement with an
individual under this section to the extent -
(i)(I) the individual has entered into a contract with the
Secretary pursuant to section 204(a)(1) of the Public Health
Service Amendments of 1987, and
(II) the individual has fulfilled or (as determined by the
Secretary) is fulfilling the terms of such contract; or
(ii) the liability of the individual under such section
204(a)(1) has otherwise been relieved under such section; or
(iii) the individual is performing such physician's (!1)
service obligation under a forbearance agreement entered into
with the Secretary under subpart II of part D of title III of the
Public Health Service Act [42 U.S.C. 254d et seq.].
(2) The agreement under this section shall provide that -
(A) deductions shall be made from the amounts otherwise payable
to the individual under this subchapter, in accordance with a
formula and schedule agreed to by the Secretary and the
individual, until such past-due obligation (and accrued interest)
have been repaid;
(B) payment under this subchapter for services provided by such
individual shall be made only on an assignment-related basis;
(C) if the individual does not provide services, for which
payment would otherwise be made under this subchapter, of a
sufficient quantity to maintain the offset collection according
to the agreed upon formula and schedule -
(i) the Secretary shall immediately inform the Attorney
General, and the Attorney General shall immediately commence an
action to recover the full amount of the past-due obligation,
and
(ii) subject to paragraph (4), the Secretary shall
immediately exclude the individual from the program under this
subchapter, until such time as the entire past-due obligation
has been repaid.
(3) If the individual refuses to enter into an agreement or
breaches any provision of the agreement -
(A) the Secretary shall immediately inform the Attorney
General, and the Attorney General shall immediately commence an
action to recover the full amount of the past-due obligation, and
(B) subject to paragraph (4), the Secretary shall immediately
exclude the individual from the program under this subchapter,
until such time as the entire past-due obligation has been
repaid.
(4) The Secretary shall not exclude an individual pursuant to
paragraph (2)(C)(ii) or paragraph (3)(B) if such individual is a
sole community practitioner or sole source of essential specialized
services in a community if a State requests that the individual not
be excluded.
(b) Past-due obligation
For purposes of this section, a past-due obligation is any amount
-
(1) owed by an individual to the United States by reason of a
breach of a scholarship contract under section 338E of the Public
Health Service Act [42 U.S.C. 254o] or under subpart III of part
F of title VII of such Act (as in effect before October 1, 1976)
and which has not been paid by the deadline established by the
Secretary pursuant to such respective section, and has not been
canceled, waived, or suspended by the Secretary pursuant to such
section; or
(2) owed by an individual to the United States by reason of a
loan covered by Federal loan insurance under subpart I (!2) of
part C of title VII of the Public Health Service Act and payment
for which has not been cancelled, waived, or suspended by the
Secretary under such subpart.
(c) Collection under this section shall not be exclusive
This section shall not preclude the United States from applying
other provisions of law otherwise applicable to the collection of
obligations owed to the United States, including (but not limited
to) the use of tax refund offsets pursuant to section 3720A of
title 31 and the application of other procedures provided under
chapter 37 of title 31.
(d) Collection from providers and health maintenance organizations
(1) In the case of an individual who owes a past-due obligation,
and who is an employee of, or affiliated by a medical services
agreement with, a provider having an agreement under section 1395cc
of this title or a health maintenance organization or competitive
medical plan having a contract under section 1395l of this title or
section 1395mm of this title, the Secretary shall deduct the
amounts of such past-due obligation from amounts otherwise payable
under this subchapter to such provider, organization, or plan.
(2) Deductions shall be in accordance with a formula and schedule
agreed to by the Secretary, the individual and the provider,
organization, or plan. The deductions shall be made from the
amounts otherwise payable to the individual under this subchapter
as long as the individual continues to be employed or affiliated by
a medical services agreement.
(3) Such deduction shall not be made until 6 months after the
Secretary notifies the provider, organization, or plan of the
amount to be deducted and the particular physicians (!3) to whom
the deductions are attributable.
(4) A deduction made under this subsection shall relieve the
individual of the obligation (to the extent of the amount
collected) to the United States, but the provider, organization, or
plan shall have a right of action to collect from such individual
the amount deducted pursuant to this subsection (including
accumulated interest).
(5) No deduction shall be made under this subsection if, within
the 6-month period after notice is given to the provider,
organization, or plan, the individual pays the past-due obligation,
or ceases to be employed by the provider, organization, or plan.
(6) The Secretary shall also apply the provisions of this
subsection in the case of an individual who is a member of a group
practice, if such group practice submits bills under this program
as a group, rather than by individual physicians.(!3)
(e) Transfer from trust funds
Amounts equal to the amounts deducted pursuant to this section
shall be transferred from the Trust Fund from which the payment to
the individual, provider, or other entity would otherwise have been
made, to the general fund in the Treasury, and shall be credited as
payment of the past-due obligation of the individual from whom (or
with respect to whom) the deduction was made.