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Regulations last checked for updates: Apr 29, 2024
Title 5 - Administrative Personnel last revised: Apr 25, 2024
All Titles
Title 5
Chapter I
Part 890
Subpart J - Subpart J—Administrative Sanctions Imposed Against Health Care Providers
GENERAL PROVISIONS AND DEFINITIONS
§ 890.1001 - Scope and purpose.
§ 890.1002 - Use of terminology.
§ 890.1003 - Definitions.
MANDATORY DEBARMENTS
§ 890.1004 - Bases for mandatory debarments.
§ 890.1005 - Time limits for OPM to initiate mandatory debarments.
§ 890.1006 - Notice of proposed mandatory debarment.
§ 890.1007 - Minimum length of mandatory debarments.
§ 890.1008 - Mandatory debarment for longer than the minimum length.
§ 890.1009 - Contesting proposed mandatory debarments.
§ 890.1010 - Debarring official's decision of contest.
PERMISSIVE DEBARMENTS
§ 890.1011 - Bases for permissive debarments.
§ 890.1012 - Time limits for OPM to initiate permissive debarments.
§ 890.1013 - Deciding whether to propose a permissive debarment.
§ 890.1014 - Notice of proposed permissive debarment.
§ 890.1015 - Minimum and maximum length of permissive debarments.
§ 890.1016 - Aggravating and mitigating factors used to determine the length of permissive debarments.
§ 890.1017 - Determining length of debarment based on revocation or suspension of a provider's professional licensure.
§ 890.1018 - Determining length of debarment for an entity owned or controlled by a sanctioned provider.
§ 890.1019 - Determining length of debarment based on ownership or control of a sanctioned entity.
§ 890.1020 - Determining length of debarment based on false, wrongful, or deceptive claims.
§ 890.1021 - Determining length of debarment based on failure to furnish information needed to resolve claims.
§ 890.1022 - Contesting proposed permissive debarments.
§ 890.1023 - Information considered in deciding a contest.
§ 890.1024 - Standard and burden of proof for deciding contests.
§ 890.1025 - Cases where additional fact-finding is not required.
§ 890.1026 - Procedures if a fact-finding proceeding is not required.
§ 890.1027 - Cases where an additional fact-finding proceeding is required.
§ 890.1028 - Conducting a fact-finding proceeding.
§ 890.1029 - Deciding a contest after a fact-finding proceeding.
SUSPENSION
§ 890.1030 - Effect of a suspension.
§ 890.1031 - Grounds for suspension.
§ 890.1032 - Length of suspension.
§ 890.1033 - Notice of suspension.
§ 890.1034 - Counting a period of suspension as part of a subsequent debarment.
§ 890.1035 - Provider contests of suspensions.
§ 890.1036 - Information considered in deciding a contest.
§ 890.1037 - Cases where additional fact-finding is not required.
§ 890.1038 - Deciding a contest without additional fact-finding.
§ 890.1039 - Cases where additional fact-finding is required.
§ 890.1040 - Conducting a fact-finding proceeding.
§ 890.1041 - Deciding a contest after a fact-finding proceeding.
EFFECT OF DEBARMENT
§ 890.1042 - Effective dates of debarments.
§ 890.1043 - Effect of debarment on a provider.
NOTIFYING OUTSIDE PARTIES ABOUT DEBARMENT AND SUSPENSION ACTIONS
§ 890.1044 - Entities notified of OPM-issued debarments and suspensions.
§ 890.1045 - Informing persons covered by FEHBP about debarment or suspension of their provider.
EXCEPTIONS TO THE EFFECT OF DEBARMENTS
§ 890.1046 - Effect of debarment or suspension on payments for services furnished in emergency situations.
§ 890.1047 - Special rules for institutional providers.
§ 890.1048 - Waiver of debarment for a provider that is the sole source of health care services in a community.
SPECIAL EXCEPTIONS TO PROTECT COVERED PERSONS
§ 890.1049 - Claims for non-emergency items or services furnished by a debarred or suspended provider.
§ 890.1050 - Exception to a provider's debarment for an individual enrollee.
REINSTATEMENT
§ 890.1051 - Applying for reinstatement when period of debarment expires.
§ 890.1052 - Reinstatements without application.
§ 890.1053 - Table of procedures and effective dates for reinstatements.
§ 890.1054 - Agencies and entities to be notified of reinstatements.
§ 890.1055 - Contesting a denial of reinstatement.
CIVIL MONETARY PENALTIES AND FINANCIAL ASSESSMENTS
§ 890.1060 - Purpose and scope of civil monetary penalties and assessments.
§ 890.1061 - Bases for penalties and assessments.
§ 890.1062 - Deciding whether to impose penalties and assessments.
§ 890.1063 - Maximum amounts of penalties and assessments.
§ 890.1064 - Determining the amounts of penalties and assessments to be imposed on a provider.
§ 890.1065 - Deciding whether to suspend or debar a provider in a case that also involves penalties and assessments.
§ 890.1066 - Notice of proposed penalties and assessments.
§ 890.1067 - Provider contests of proposed penalties and assessments.
§ 890.1068 - Effect of not contesting proposed penalties and assessments.
§ 890.1069 - Information the debarring official must consider in deciding a provider's contest of proposed penalties and assessments.
§ 890.1070 - Deciding contests of proposed penalties and assessments.
§ 890.1071 - Further appeal rights after final decision to impose penalties and assessments.
§ 890.1072 - Collecting penalties and assessments.
authority:
5 U.S.C. 8913
; Sec. 890.102 also issued under sections 11202(f), 11232(e), and 11246 (b) of Pub. L. 105-33, 111 Stat. 251; Sec. 890.111 also issued under
36 U.S.C. 5522
; Sec. 890.112 also issued under
2 U.S.C. 2051
; Sec. 890.113 also issued under section 1110 of Pub. L. 116-92, 133 Stat. 1198 (
5 U.S.C. 8702
note); Sec. 890.301 also issued under
26 U.S.C. 9801
; Sec. 890.302(b) also issued under
42 U.S.C. 300gg-14
; Sec. 890.803 also issued under
50 U.S.C. 3516
(formerly
50 U.S.C. 403p
) and
22 U.S.C. 4069c
and 4069c-1; subpart L also issued under section 599C of Pub. L. 101-513, 104 Stat. 2064 (
5 U.S.C. 5561
note); subpart M also issued under
10 U.S.C. 1108
and
25 U.S.C. 1647b
; and subpart P issued under
5 U.S.C. 8903c.
source:
33 FR 12510, Sept. 4, 1968, unless otherwise noted.
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