[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: 5CFR890.1019]

[Page 491]
 
                    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. 890.1019  Determining length of debarment based on ownership or 
control of a sanctioned entity.

    OPM shall determine the length of debarments of individual providers 
under 5 U.S.C. 8902a(c)(3) based on the type of violation committed by 
the sanctioned entity owned or controlled by the person with an 
ownership or control interest. The types of violations actionable under 
this provision are:
    (a) Entity's debarment. If a provider's debarment is based on his 
ownership or control of a debarred entity, the debarment shall be 
concurrent with the entity's debarment. If any of the aggravating or 
mitigating circumstances identified in Sec. 890.1016 applies directly 
to the provider that owns or controls the debarred entity and was not 
considered in setting the period of the entity's debarment, OPM may 
debar the provider for a period longer or shorter, respectively, than 
the entity's debarment.
    (b) Entity's conviction. If a provider's debarment is based on the 
criminal conviction of an entity he owns or controls for an offense 
listed in 5 U.S.C. 8902a(b)(1)-(4), OPM shall debar the provider for a 
period of no less than 3 years, subject to adjustment for any 
aggravating or mitigating circumstances identified in Sec. 890.1016 
that apply to the provider as an individual.
    (c) Entity's civil monetary penalty. If a provider's debarment is 
based on a civil monetary penalty imposed on an entity he owns or 
controls, OPM shall debar him for 3 years, subject to adjustment on the 
basis of the aggravating and mitigating circumstances listed in Sec. 
890.1016 that apply to the provider as an individual.