[Federal Register Volume 67, Number 84 (Wednesday, May 1, 2002)]
[Rules and Regulations]
[Pages 21579-21580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10789]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

Office of Inspector General

42 CFR Part 1001

RIN 0991-AB09


Medicare and Federal Health Care Programs; Fraud and Abuse; 
Revisions and Technical Corrections; Correction

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

ACTION: Final rule; correction amendment.

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SUMMARY: This document contains a correction to the final regulations 
which were published in the Federal Register on March 18, 2002 (67 FR 
11928). These regulations set forth several revisions and technical 
corrections to the OIG regulations pertaining to fraud and abuse in 
Federal health care programs. A typographical error appeared in the 
text of the regulations in Sec. 1001.201(b) concerning the amount of 
financial loss considered as a mitigating factor when excluding an 
individual or entity convicted under Federal or State law of program or 
health care fraud. Accordingly, we are correcting 
Sec. 1001.201(b)(3)(i) to assure the technical correctness of these 
regulations.

EFFECTIVE DATE: May 1, 2002.

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

SUPPLEMENTARY INFORMATION: The HHS Office of Inspector General (OIG) 
issued final regulations on March 18, 2002 (67 FR 11928) setting forth 
several revisions and technical corrections to the OIG regulations 
pertaining to fraud and abuse in Federal health care programs. Among 
other revisions, to more accurately reflect threshold amounts with 
respect to exclusion actions, we clarified Sec. 1001.201(b) to reflect 
as an aggravating and mitigating factor both the actual and intended 
loss to programs associated with the conduct of the sanctioned 
individual or entity. In the final regulations, a typographical error 
appeared in Sec. 1001.201(b)(3)(i), with regard to one of the 
mitigating factors. Specifically, with respect to the amount of 
financial loss to a Government program or to other individuals or 
entities due to the acts that resulted in the conviction and similar 
acts, the amount appearing on page 11933 of the March 18, 2002 final 
regulations incorrectly indicated this amount as ``**$1,5000**.'' This 
is now being corrected to read as ``$1,500.''

List of Subjects 42 CFR Part 1001

    Administrative practice and procedure, Fraud, Health facilities, 
Health professions, Medicaid, Medicare.


    Accordingly, 42 CFR 1001 is corrected by making the following 
correcting amendment.

PART 1001--HEALTHCARE INTEGRITY AND PROTECTION DATA BANK FOR FINAL 
ADVERSE INFORMATION ON HEALTH CARE PROVIDERS, SUPPLIERS AND 
PRACTITIONERS

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

    Authority: 42 U.S.C. 1302, 1320a-7, 1320a-7b, 1395u(h), 
1395u(j), 1395u(k), 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 1001.201 is amended by republishing the introductory 
text for paragraph (b)(3) and revising paragraph (b)(3)(i) to read as 
follows:


Sec. 1001.201  Conviction relating to program or health care fraud.

* * * * *
    (b) Length of exclusion. * * *
    (3) Only the following factors may be considered as mitigating and 
a basis for reducing the period of exclusion--
    (i) The individual or entity was convicted of 3 or fewer offenses, 
and the

[[Page 21580]]

entire amount of financial loss (both actual loss and reasonably 
expected loss) to a Government program or to other individuals or 
entities due to the acts that resulted in the conviction and similar 
acts is less than $1,500;
* * * * *

    Dated: April 25, 2002.
Ann C. Agnew
Executive Secretary to the Department.
[FR Doc. 02-10789 Filed 4-30-02; 8:45 am]
BILLING CODE 4152-01-P