TITLE 42 - PUBLIC HEALTH

CHAPTER V - OFFICE OF INSPECTOR GENERAL - HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER B - OIG AUTHORITIES

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

subpart d - WAIVERS AND EFFECT OF EXCLUSION

1001.1801 - Waivers of exclusions.

  (a) The OIG has the authority to grant or deny a request from a State health care program that an exclusion from that program be waived with respect to an individual or entity, except that no waiver may be granted with respect to an exclusion under 1001.101(b). The request must be in writing and from an individual directly responsible for administering the State health care program.

  (b) With respect to exclusions under 1001.101(a), a request from a State health care program for a waiver of the exclusion will only be considered if the individual or entity is the sole community physician or the sole source of essential specialized services in a community.

  (c) With respect to exclusions imposed under subpart C of this part, a request for waiver will only be granted if the OIG determines that imposition of the exclusion would not be in the public interest.

  (d) If the basis for the waiver ceases to exist, the waiver will be rescinded, and the individual or entity will be excluded for the period remaining on the exclusion, measured from the time the exclusion would have been imposed if the waiver had not been granted.

  (e) In the event a waiver is granted, it is applicable only to the program(s) for which waiver is requested.

  (f) The decision to grant, deny or rescind a request for a waiver is not subject to administrative or judicial review.

  (g) The Inspector General may waive the exclusion of an individual or entity from participation in the Medicare program in conjunction with granting a waiver requested by a State health care program. If a State program waiver is rescinded, the derivative waiver of the exclusion from Medicare is automatically rescinded.