Pursuing healthcare industry executives and managers: HHS claims broad authority

For the first time in over a decade, the Department of Health and Human Services Office of Inspector General (OIG) issued new guidance on the implementation of its permissive exclusion authority. See www.oig.hhs.gov/w-new.asp (20 October 2010). The new guidance sets forth nonbinding factors OIG says it will consider in deciding whether to impose permissive exclusion on an officer or a managing employee of an excluded or convicted entity – regardless of whether they themselves have been convicted or even charged in the underlying case. The breadth of the authority asserted in the guidance emphasizes the OIG's recent commitment to pursuing not just corporate entities, but also the healthcare industry executives and managers it deems responsible for the actions of those entities.

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