[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: 42CFR1001.2002]



[Page 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.  1001.2002  Notice of exclusion.



    (a) Except as provided in Sec.  1001.2003, if the OIG determines 

that exclusion is warranted, it will send a written notice of this 

decision to the affected individual or entity.

    (b) The exclusion will be effective 20 days from the date of the 

notice.

    (c) The written notice will state--

    (1) The basis for the exclusion;

    (2) The length of the exclusion and, where applicable, the factors 

considered in setting the length;

    (3) The effect of the exclusion;

    (4) The earliest date on which the OIG will consider a request for 

reinstatement;

    (5) The requirements and procedures for reinstatement; and

    (6) The appeal rights available to the excluded individual or 

entity.

    (d) Paragraph (b) of this section does not apply to exclusions 

imposed in accordance with Sec.  1001.1301.

    (e) No later than 15 days prior to the final exhibit exchanges 

required under Sec.  1005.8 of this chapter, the OIG may amend its 

notice letter if information comes to light that justifies the 

imposition of a different period of exclusion other than the one 

proposed in the original notice letter.



[57 FR 3330, Jan. 29, 1992, as amended at 63 FR 46690, Sept. 2, 1998]