[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR890.1018]

[Page 490]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents
 
Subpart J_Administrative Sanctions Imposed Against Health Care Providers
 
Sec. 890.1018  Determining length of debarment for an entity owned or 
controlled by a sanctioned provider.

    OPM shall determine the length of debarments of entities under 5 
U.S.C. 8902a(c)(2) based on the type of violation committed by the 
person with an ownership or control interest. The types of violations 
actionable under this provision are:
    (a) Owner/controller's debarment. The debarment of an entity based 
on debarment of an individual with an ownership or control interest 
shall be for a period concurrent with the individual's debarment. If any 
aggravating or mitigating circumstances set forth in Sec. 890.1016 
apply solely to the entity and were not considered in setting the period 
of the individual's debarment, OPM may debar the entity for a period 
longer or shorter than the individual's debarment.
    (b) Owner/controller's conviction. The debarment of an entity based 
on the criminal conviction of a person with an ownership or control 
interest for an offense listed in 5 U.S.C. 8902a(b)(1)-(4) shall be for 
a period of not less than 3 years, subject to adjustment for any 
aggravating or mitigating circumstances set forth in Sec. 890.1016 
applying solely to the entity.
    (c) Owner/controller's civil monetary penalty. The debarment of an 
entity based on a civil monetary penalty imposed on a person with an 
ownership or control interest, shall be for a period of not less than 3 
years, subject to adjustment for any aggravating or mitigating 
circumstances set forth in Sec. 890.1016 applying solely to the entity.

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