42 CFR 1001.1401 - Violations of PPS corrective action.
(a)Circumstance for exclusion. The OIG may exclude any hospital that CMS determines has failed substantially to comply with a corrective action plan required by CMS under section 1886(f)(2)(B) of the Act.
(b)Length of exclusion. The following factors will be considered in determining the length of exclusion under this section -
(2) The circumstances under which the failure occurred;
(3) The nature of the failure to comply;
(5) 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).