[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: 42CFR1001.3004]



[Page 1168]

 

                         TITLE 42--PUBLIC HEALTH

 

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

 

PART 1001_PROGRAM INTEGRITY_MEDICARE AND STATE HEALTH CARE PROGRAMS--

 

                Subpart F_Reinstatement into the Programs

 

Sec.  1001.3004  Denial of request for reinstatement.



    (a) If a request for reinstatement is denied, OIG will give written 

notice to the requesting individual or entity. Within 30 days of the 

date on the notice, the excluded individual or entity may submit:

    (1) Documentary evidence and written argument against the continued 

exclusion,

    (2) A written request to present written evidence and oral argument 

to an OIG official, or

    (3) Both documentary evidence and a written request.

    (b) After evaluating any additional evidence submitted by the 

excluded individual or entity (or at the end of the 30-day period, if 

none is submitted), the OIG will send written notice either confirming 

the denial, and indicating that a subsequent request for reinstatement 

will not be considered until at least one year after the date of denial, 

or approving the request consistent with the procedures set forth in 

Sec.  1001.3003(a).

    (c) The decision to deny reinstatement will not be subject to 

administrative or judicial review.