(a) If a physician or health care provider has been debarred or
pursuant to Sec. 702.431(d) or if a claims representative has been
debarred pursuant to Sec. 702.131(c) (1) or (3) the person debarred will
be automatically reinstated upon
notice to the Director that the conviction or exclusion has been
reversed or withdrawn. However, such reinstatement will not preclude the
Director from instituting debarment proceedings based upon the subject
matter involved.
(b) A physician, health care provider or claims representative
otherwise debarred by the Director may apply for reinstatement to
participate in the program by application to the Director after three
years from the date of entry of the order of exclusion. Such application
for reinstatement shall be addressed to the Associate Director for the
Longshore program, and shall contain a statement of the basis of the
application along with any supporting documentation.
(c) The Director may further investigate the merits of the
reinstatement application by requiring special reporting procedures from
the applicant for a probationary period not to exceed six months to be
monitored by the district office where the provider maintains a place of
business.
(d) At the end of aforesaid probationary period, the Director may
order full reinstatement of the physician, health care provider or
claims representative if such reinstatement is clearly consistent with
the program goal to protect itself against fraud and abuse and, further,
if the physician, health care provider or claims representative has
given reasonable assurances that the basis for the debarment will not be
repeated.
[50 FR 405, Jan. 3, 1985]
