[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1001.2001]



[Page 1164-1165]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1001_PROGRAM INTEGRITY_MEDICARE AND STATE HEALTH CARE PROGRAMS--

 

                      Subpart E_Notice and Appeals

 

Sec.  1001.2001  Notice of intent to exclude.





    (a) Except as provided in paragraph (c) of this section, if the OIG 

proposes to exclude an individual or entity in accordance with subpart C 

of this part, or in accordance with subpart B of this part where the 

exclusion is for a period exceeding 5 years, it will send written notice 

of its intent, the basis for the proposed exclusion and the potential 

effect of an exclusion. Within 30 days of receipt of notice, which will 

be deemed to be 5 days after the date on the notice, the individual or 

entity may submit documentary evidence and written argument concerning 

whether the exclusion is warranted and any related issues.



[[Page 1165]]



    (b) If the OIG proposes to exclude an individual or entity under the 

provisions of Sec.  1001.701 or Sec.  1001.801 of this part, in 

conjunction with the submission of documentary evidence and written 

argument, an individual or entity may request an opportunity to present 

oral argument to an OIG official.

    (c) Exception. If the OIG proposes to exclude an individual or 

entity under the provisions of Sec. Sec.  1001.1301, 1001.1401 or 

1001.1501 of this part, paragraph (a) of this section will not apply.

    (d) If an entity has a provider agreement under section 1866 of the 

Act, and the OIG proposes to terminate that agreement in accordance with 

section 1866(b)(2)(C) of the Act, the notice provided for in paragraph 

(a) of this section will so state.



[63 FR 46690, Sept. 2, 1998, as amended at 63 FR 57918, Oct. 29, 1998]