[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: 5CFR890.1006]

[Page 486-487]
 
                    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. 890.1006  Notice of proposed mandatory debarment.

    (a) Written notice. OPM shall inform a provider of his proposed 
debarment by written notice sent not less than 30 days prior to the 
proposed effective date.
    (b) Contents of the notice. The notice shall contain information 
indicating the:
    (1) Effective date of the debarment;
    (2) Minimum length of the debarment;
    (3) Basis for the debarment;
    (4) Provisions of law and regulation authorizing the debarment;
    (5) Effect of the debarment;
    (6) Provider's right to contest the debarment to the debarring 
official;
    (7) Provider's right to request OPM to reduce the length of 
debarment, if it exceeds the minimum period required by law or this 
subpart; and
    (8) Procedures the provider shall be required to follow to apply for 
reinstatement at the end of his period of debarment, and to seek a 
waiver of the debarment on the basis that he is the sole health care 
provider or the sole source of essential specialized services in a 
community.
    (c) Methods of sending notice. OPM shall send the notice of proposed 
debarment and the final decision notice (if a contest is filed) to the 
provider's last known address by first class mail, or, at OPM's option, 
by express delivery service.
    (d) Delivery to attorney, agent, or representatives. (1) If OPM 
proposes to debar an individual health care provider, it may send the 
notice of proposed debarment directly to the provider or to any other 
person designated by the provider to act as a representative in 
debarment proceedings.
    (2) In the case of a health care provider that is an entity, OPM 
shall deem

[[Page 487]]

notice sent to any owner, partner, director, officer, registered agent 
for service of process, attorney, or managing employee as constituting 
notice to the entity.
    (e) Presumed timeframes for receipt of notice. OPM computes 
timeframes associated with the delivery notices described in paragraph 
(c) of this section so that:
    (1) When OPM sends notice by a method that provides a confirmation 
of receipt, OPM deems that the provider received the notice at the time 
indicated in the confirmation; and
    (2) When OPM sends notice by a method that does not provide a 
confirmation of receipt, OPM deems that the provider received the notice 
5 business days after it was sent.
    (f) Procedures if notice cannot be delivered. (1) If OPM learns that 
a notice was undeliverable as addressed or routed, OPM shall make 
reasonable efforts to obtain a current and accurate address, and to 
resend the notice to that address, or it shall use alternative methods 
of sending the notice, in accordance with paragraph (c) of this section.
    (2) If a notice cannot be delivered after reasonable followup 
efforts as described in paragraph (f)(1) of this section, OPM shall 
presume that the provider received notice 5 days after the latest date 
on which a notice was sent.
    (g) Use of electronic means to transmit notice. [Reserved]