§ 1001.1101Failure to disclose certain information.
(a)Circumstance for exclusion. The OIG may exclude any entity that did not fully and accurately, or completely, make disclosures as required by section 1124, 1124A or 1126 of the Act, and by part 455, subpart B and part 420, subpart C of this title.
(b)Length of exclusion. The following factors will be considered in determining the length of an exclusion under this section—
(1) The number of instances where full and accurate, or complete, disclosure was not made;
(2) The significance of the undisclosed information;
(3) Whether the individual or entity has a documented history of criminal, civil or administrative wrongdoing (The lack of any prior record is to be considered neutral);
(4) Any other facts that bear on the nature or seriousness of the conduct;
(5) The availability of alternative sources of the type of health care services provided by the entity; and
(6) The extent to which the entity knew that the disclosures made were not full or accurate.
[57 FR 3330, Jan. 29, 1992, as amended at 63 FR 46689, Sept. 2, 1998]
Title 42 published on 2013-10-01
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