727
obligation as defined in section 3729(b)(3) of title
1
31 of the United States Code.
2
``(3) C
LARIFICATION
.--Repayment of any over-
3
payments (or refunding by withholding of future
4
payments) by a provider of services or supplier does
5
not otherwise limit the provider or supplier's poten-
6
tial liability for administrative obligations such as
7
applicable interests, fines, and specialties or civil or
8
criminal sanctions involving the same claim if it is
9
determined later that the reason for the overpay-
10
ment was related to fraud by the provider or sup-
11
plier or the employees or agents of such provider or
12
supplier.
13
``(4) D
EFINITIONS
.--In this subsection:
14
``(A) K
NOWS
.--The term `knows' has the
15
meaning given the terms `knowing' and `know-
16
ingly' in section 3729(b) of title 31 of the
17
United States Code.
18
``(B) O
VERPAYMENT
.--The term ``overpay-
19
ment'' means any finally determined funds that
20
a person receives or retains under title XVIII,
21
XIX, or XXI to which the person, after applica-
22
ble reconciliation, is not entitled under such
23
title.
24
VerDate Nov 24 2008
12:51 Jul 14, 2009
Jkt 000000
PO 00000
Frm 00727
Fmt 6652
Sfmt 6201
C:\TEMP\AAHCA0~1.XML
HOLCPC
July 14, 2009 (12:51 p.m.)
F:\P11\NHI\TRICOMM\AAHCA09_001.XML
f:\VHLC\071409\071409.140.xml (444390|2)