[Federal Register Volume 63, Number 209 (Thursday, October 29, 1998)]
[Rules and Regulations]
[Pages 57918-57919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28736]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Inspector General

42 CFR Part 1001


Health Care Programs: Fraud and Abuse; Revised OIG Exclusion 
Authorities Resulting From Public Law 104-191; Correction

AGENCY: Office of Inspector General (OIG), HHS.

ACTION: Final Rule; correcting amendment.

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SUMMARY: This document contains corrections to the final regulations 
which were published in the Federal Register of Wednesday, September 2, 
1998 (63 FR 46676). The regulations addressed revisions to the OIG's 
administrative sanction authorities resulting from the Health Insurance 
Portability and Accountability Act of 1996, along with technical and 
conforming changes to the OIG exclusion authorities. A number of 
inadvertent errors appeared in the text of the regulations relating to 
program integrity for the Medicare and State health care programs. As a 
result, we are making corrections to two sections addressing the length 
of exclusion and notice of intent to exclude in order to assure the 
technical correctness of these regulations.

EFFECTIVE DATE: October 29, 1998.

FOR FURTHER INFORMATION CONTACT: Joel Schaer, (202) 619-0089, OIG 
Regulations Officer.

SUPPLEMENTARY INFORMATION: The HHS Office of Inspector General (OIG) 
issued final regulations on September 2, 1998 (63 FR 46676) that 
addressed revisions to the OIG's administrative sanction authorities 
resulting from the Health Insurance Portability and Accountability Act 
of 1996, along with technical and conforming changes to the OIG 
exclusion authorities. In that final rule, two inadvertent errors 
appeared in 42 CFR part 1001 and are now being corrected.
    In Sec. 1001.2001, addressing the elimination of in-person hearings 
prior to when an exclusion is proposed, the regulatory language was 
intended to be consistent with the preamble discussion on page 46682, 
and state that when an exclusion was proposed under Sec. 1001.701 or 
Sec. 1001.801, the individual or entity would be permitted to request, 
in conjunction with their written submission, an opportunity to present 
oral argument to an OIG official. In order to correctly emphasize that 
a request to present oral argument to an OIG official can only be made 
in cases involving exclusion under sections 1128(b)(6) (B) and (C) of 
the Social Security Act, we are correcting the regulatory text that was 
set forth in Sec. 1001.2001.
    In addition, we are correcting a typographical error that appeared 
on page 46686, column 3 in Sec. 1001.102(b)(4). Specifically, in line 4 
of paragraph (b)(4), the words ``or behavior'' are being corrected to 
read as ``of behavior.''

List of Subjects in 42 CFR Part 1001

    Administrative practice and procedure, Fraud, Grant programs--
health, Health facilities, Health professions, Maternal and child 
health, Medicaid, Medicare, Social security.

    Accordingly, 42 CFR part 1001 is corrected by making the following 
correcting amendments:

PART 1001--PROGRAM INTEGRITY--MEDICARE AND STATE HEALTH CARE 
PROGRAMS

    1. The authority citation for part 1001 continues to read as 
follows:

    Authority: 42 U.S.C. 1302, 1320a-7, 1320a-7b, 1395u(j), 
1395y(d), 1395y(e), 1395cc(b)(2) (D), (E) and (F), and 1395hh; and 
sec. 2455, Pub.L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note).

    2. Section 1001.102 is amended by republishing paragraph (b) 
introductory text and by revising paragraph (b)(4) to read as follows:


Sec. 1001.102  Length of exclusion.

* * * * *
    (b) Any of the following factors may be considered to be 
aggravating and a basis for lengthening the period of exclusion--
* * * * *
    (4) In convictions involving patient abuse or neglect, the action 
that resulted in the conviction was premeditated, was part of a 
continuing pattern of behavior, or consisted of non-consensual sexual 
acts;
* * * * *
    3. Section 1001.2001 is amended by revising paragraph (a), by 
redesignating paragraphs (b) and (c) as paragraphs (c) and (d), 
respectively, and by adding a new paragraph (b) to read as follows:


Sec. 1001.2001  Notice of intent to exclude.

    (a) Except as provided in paragraph (c) of this section, if the OIG 
proposes to exclude an individual or entity in accordance with subpart 
C of this part, or in accordance with subpart B of this part where the 
exclusion is for a period exceeding 5 years, it will send written 
notice of its intent, the basis for the

[[Page 57919]]

proposed exclusion and the potential effect of an exclusion. Within 30 
days of receipt of notice, which will be deemed to be 5 days after the 
date on the notice, the individual or entity may submit documentary 
evidence and written argument concerning whether the exclusion is 
warranted and any related issues.
    (b) If the OIG proposes to exclude an individual or entity under 
the provisions of Sec. 1001.701 or 1001.801 of this part, in 
conjunction with the submission of documentary evidence and written 
argument, an individual or entity may request an opportunity to present 
oral argument to an OIG official.
* * * * *
    Dated: October 20, 1998.
Joel Schaer,
OIG Regulations Officer.
[FR Doc. 98-28736 Filed 10-28-98; 8:45 am]
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