5 CFR 890.1048 - Waiver of debarment for a provider that is the sole source of health care services in a community.

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§ 890.1048 Waiver of debarment for a provider that is the sole source of health care services in a community.
(a) Application required. A provider may apply for a limited waiver of debarment at any time after receiving OPM's notice of proposed debarment. Suspended providers are not eligible to request a waiver of suspension.
(b) Criteria for granting waiver. To receive a waiver, a provider shall clearly demonstrate that:
(1) The provider is the sole community provider or the sole source of essential specialized services in a community;
(2) A limited waiver of debarment would be in the best interests of covered individuals in the defined service area;
(3) There are reasonable assurances that the actions which formed the basis for the debarment shall not recur; and
(4) There is no basis under this subpart for continuing the debarment.
(c) Waiver applies only in the defined service area. A limited waiver applies only to items or services provided within the defined service area where a provider is the sole community provider or sole source of essential specialized services.
(d) Governmentwide effect continues. A limited waiver applies only to a provider's FEHBP transactions. Even if OPM waives a debarment for FEHBP purposes, the governmentwide effect under section 2455 of the Federal Acquisition Streamlining Act of 1994 (Pub. L. 103-355) continues for all other Federal agencies' procurement and nonprocurement programs and activities.
(e) Waiver rescinded if circumstances change. OPM shall rescind the limited waiver when any of its underlying bases no longer apply. If OPM rescinds the limited waiver, the provider's debarment shall resume full effect for all FEHBP transactions. Events warranting rescission include, but are not limited to:
(1) The provider ceases to furnish items or services in the defined service area;
(2) Another provider begins to furnish equivalent items or services in the defined service area, so that the provider who received a waiver is no longer the sole provider or sole source; or
(3) The actions that formed the basis for the provider's debarment, or similar acts, recur.
(f) Effect on period of debarment. The minimum period of debarment is established when the debarment is initially imposed. A subsequent decision to grant, deny, or rescind a limited waiver shall not change that period.
(g) Application is necessary for reinstatement. A provider who has received a limited waiver shall apply for reinstatement at the end of the debarment period, even if a limited waiver is in effect when the debarment expires.
(h) Finality of debarring official's decision. The debarring official's decision to grant or deny a limited waiver is final and not subject to further administrative review or reconsideration.

Title 5 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 5.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-01-06; vol. 79 # 3 - Monday, January 6, 2014
    1. 79 FR 531 - Federal Employees Health Benefits Program and Federal Employees Dental and Vision Insurance Program: Eligibility for Pathways Programs Participants
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Interim Final Rule with request for comments.
      This interim final rule is effective February 5, 2014. Comments are due on or before March 7, 2014.
      5 CFR Parts 890 and 894

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 22 - FOREIGN RELATIONS AND INTERCOURSE
U.S. Code: Title 50 - WAR AND NATIONAL DEFENSE
Statutes at Large

Title 5 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR 890 after this date.

  • 2014-01-06; vol. 79 # 3 - Monday, January 6, 2014
    1. 79 FR 531 - Federal Employees Health Benefits Program and Federal Employees Dental and Vision Insurance Program: Eligibility for Pathways Programs Participants
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Interim Final Rule with request for comments.
      This interim final rule is effective February 5, 2014. Comments are due on or before March 7, 2014.
      5 CFR Parts 890 and 894