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).