[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: 42CFR1001.1501]



[Page 1161]

 

                         TITLE 42--PUBLIC HEALTH

 

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

 

PART 1001_PROGRAM INTEGRITY_MEDICARE AND STATE HEALTH CARE PROGRAMS--

 

                     Subpart C_Permissive Exclusions

 

Sec.  1001.1501  Default of health education loan or scholarship 



obligations.



    (a) Circumstance for exclusion. (1) Except as provided in paragraph 

(a)(4) of this section, the OIG may exclude any individual that the 

Public Health Service (PHS) determines is in default on repayments of 

scholarship obligations or loans in connection with health professions 

education made or secured in whole or in part by the Secretary.

    (2) Before imposing an exclusion in accordance with paragraph (a)(1) 

of this section, the OIG must determine that PHS has taken all 

reasonable administrative steps to secure repayment of the loans or 

obligations. If PHS has offered a Medicare offset arrangement as 

required by section 1892 of the Act, the OIG will find that all 

reasonable steps have been taken.

    (3) The OIG will take into account access of beneficiaries to 

physicians' services for which payment may be made under Medicare, 

Medicaid or other Federal health care programs in determining whether to 

impose an exclusion.

    (4) The OIG will not exclude a physician who is the sole community 

physician or the sole source of essential specialized services in a 

community if a State requests that the physician not be excluded.

    (b) Length of exclusion. The individual will be excluded until such 

time as PHS notifies the OIG that the default has been cured or that 

there is no longer an outstanding debt. Upon such notice, the OIG will 

inform the individual of his or her right to apply for reinstatement.



[57 FR 3330, Jan. 29, 1992, as amended at 64 FR 39427, July 22, 1999; 67 

FR 11935, Mar. 18, 2002]