Background Information | Exclusions | Office of Inspector General (2024)

OIG has the authority to exclude individuals and entities from Federally funded health care programs pursuant to section 1128 of the Social Security Act (Act) (and from Medicare and State health care programs under section 1156 of the Act) and maintains a list of all currently excluded individuals and entities called the List of Excluded Individuals/Entities (LEIE). Anyone who hires an individual or entity on the LEIE may be subject to civil monetary penalties (CMP).

Exclusions are imposed for a number of reasons:

Mandatory exclusions: OIG is required by law to exclude from participation in all Federal health care programs individuals and entities convicted of the following types of criminal offenses: Medicare or Medicaid fraud, as well as any other offenses related to the delivery of items or services under Medicare, Medicaid, SCHIP, or other State health care programs; patient abuse or neglect; felony convictions for other health care-related fraud, theft, or other financial misconduct; and felony convictions relating to unlawful manufacture, distribution, prescription, or dispensing of controlled substances.

Permissive exclusions: OIG has discretion to exclude individuals and entities on a number of grounds, including (but not limited to) misdemeanor convictions related to health care fraud other than Medicare or a State health program, fraud in a program (other than a health care program) funded by any Federal, State or local government agency; misdemeanor convictions relating to the unlawful manufacture, distribution, prescription, or dispensing of controlled substances; suspension, revocation, or surrender of a license to provide health care for reasons bearing on professional competence, professional performance, or financial integrity; provision of unnecessary or substandard services; submission of false or fraudulent claims to a Federal health care program; engaging in unlawful kickback arrangements; defaulting on health education loan or scholarship obligations; and controlling a sanctioned entity as an owner, officer, or managing employee.

To avoid CMP liability, health care entities need to routinely check the LEIE to ensure that new hires and current employees are not on the excluded list.

The effects of an exclusion are outlined in the Updated Special Advisory Bulletin on the Effect of Exclusion From Participation in Federal Health Programs, but the primary effect is that no payment will be made for any items or services furnished, ordered, or prescribed by an excluded individual or entity. This includes Medicare, Medicaid, and all other Federal plans and programs that provide health benefits funded directly or indirectly by the United States (other than the Federal Employees Health Benefits Plan).

OIG's exclusions process is governed by regulations that implement sections of the Act. When an individual or entity gets a Notice of Intent to Exclude (NOI), it does not necessarily mean that they will be excluded. OIG will carefully consider all material provided by the person who received the NOI as we make our decision. All exclusions implemented by OIG may be appealed to an HHS Administrative Law Judge (ALJ), and any adverse decision may be appealed to the HHS Departmental Appeals Board (DAB). Judicial review in Federal court is also available after a final decision by the DAB.

Background Information | Exclusions | Office of Inspector General (2024)

FAQs

Background Information | Exclusions | Office of Inspector General? ›

Mandatory exclusions: OIG

OIG
Who We Are. Since its 1976 establishment, the Office of Inspector General (OIG) has been at the forefront of the Nation's efforts to fight waste, fraud and abuse and to improving the efficiency of Medicare, Medicaid and more than 100 other Department of Health & Human Services (HHS) programs.
is required by law to exclude from participation in all Federal health care programs individuals and entities convicted of the following types of criminal offenses: Medicare or Medicaid fraud, as well as any other offenses related to the delivery of items or services under Medicare, Medicaid, ...

What is the focus of Inspector General? ›

The Office of Inspector General (OIG) seeks to improve the efficiency and effectiveness of the Department of Commerce's programs and operations. OIG also endeavors to detect and deter waste, fraud, and abuse.

What does OIG mean in a background check? ›

The Office of the Inspector General (OIG) accesses nationwide records contained in The United States Department of Health and Human Services Office of the Inspector General Sanction database. Individuals on the List of Excluded Individuals and Entities (LEIE) are barred from participating in federal health care plans.

What does the OIG do? ›

The Office of the Inspector General safeguards the integrity of the State's correctional system by providing oversight and transparency regarding the policies and practices of California Department of Corrections and Rehabilitation.

Why would someone be on the OIG exclusion list? ›

OIG has the authority to exclude individuals and entities from Federally funded health care programs for a variety of reasons, including a conviction for Medicare or Medicaid fraud.

What are 3 functions of the inspector? ›

Inspectors' main tasks during the inspection process:
  • Before the inspection - prepare for the inspection. read information about the institution. ...
  • During the inspection - collect data and describe facts to be used as evidence. ...
  • After the inspection - assess and evaluate, write report.

What is the purpose of the inspector? ›

An inspector plays an integral role in the safety and operational efficiency of various industries by assessing all kinds of products, personnel and organisations to ensure regulations are being followed. Their work spans diverse sectors from construction, manufacturing and food services to government organisations.

What can cause you to fail a government background check? ›

Some issues that may result in an unfavorable suitability determination include: financial irresponsibility; poor credit history; drug/alcohol abuse; arrest history; misconduct in prior employment; association with individuals involved in illegal activities such as drug use and drug trafficking; and demonstrated lack ...

What is revealed in a background check? ›

Background checks look to verify details regarding an individual's identity, social security, past residences, criminal history, employment history, credit, and driving records. Employers can then use this information to make well-informed decisions about candidates, fostering safe and trustworthy workplaces.

What are the duties of the Inspector General? ›

According to the Inspector General Act of 1978, as amended, the Inspector General's mission is to:
  • Conduct independent and objective audits and investigations relating to DHS programs and operations.
  • Promote economy, efficiency, and effectiveness in DHS programs and operations.
  • Prevent and detect waste, fraud and abuse.

What triggers an OIG investigation? ›

How do investigations start? The Office of Inspector General (OIG) receives information, which may be characterized as a complaint, allegation, or referral. National Labor Relations Board (NLRB) employees are the greatest single source of this information. NLRB management also may provide information to the OIG.

What should be reported to the Inspector General? ›

Report Corruption, Fraud, Waste, Abuse, Mismanagement or Misconduct
  • Border corruption.
  • DHS employee criminal activity.
  • Cybercrime.
  • Misuse of classified information.
  • Bribery and acceptance of gratuities.
  • Conflicts of interest.
  • Disaster and pandemic fraud involving DHS funds.
  • Contract and procurement fraud.

What does a typical OIG report detail? ›

OIG reports contain findings of its audits and evaluations, assess how well HHS programs and grantees/contractors are working, identify risks to the people they serve and to taxpayers, and recommend necessary improvements.

What is the OIG check? ›

What is an OIG background check? An OIG background check is a healthcare background screening that searches the OIG exclusion list for individuals or providers barred from participation in federally funded healthcare programs.

What are risk areas identified by the OIG? ›

In the GCPG, OIG outlines the following common risk areas: billing, coding, sales, marketing, quality of care, patient incentives, and arrangements with physicians, other health care providers, vendors, and other potential sources or recipients of referrals of health care business.

What is the intent of the Inspector General? ›

Inspectors general serve a vital role in the federal government. They operate as independent and objective watchdogs within federal agencies and have the respon- sibility to combat waste, fraud, and abuse in those agencies and the programs they administer.

What are the objectives of the Inspector General? ›

So, what is an Inspector General (IG)? Basically, the goal of the IG and its office is to oversee executive branch agencies. The IG performs audits of operations to make sure nothing fishy is going on such as misconduct, fraud, waste, or abuse of government power.

What is the purpose of the Army Inspector General? ›

Provide impartial, objective, and unbiased advice and oversight to the Army through relevant, timely, and thorough inspections, assistance, investigations, and training to promote and enable stewardship, accountability, integrity, efficiency, good order & discipline and enhance total Army readiness.

What are the duties of the General inspector? ›

Inspector General Act
  • determine which audits, investigations, inspections, and reviews are necessary and issue reports recommending corrective actions without improper interference from agency heads.
  • receive full access to all records and materials available to the agency.

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