John,

I guess I need to clarify - this individual is not key personnel on the
grant.  Their person does not require licensure; therefore not providing
services.

Because they are not key personnel; our assurance statement was fine.
I'm just unclear if they are elgible to work on a grant.

Thanks
Elisa

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@HRINET.ORG] On
Behalf Of John A Brown
Sent: Thursday, November 11, 2004 1:22 PM
To: xxxxxx@HRINET.ORG
Subject: Re: [RESADM-L] debarment and suspension

Hi Elisa,

I have taken this from thw OIG Website:

*About the OIG Exclusion Program*

For many years the Congress of the United States has worked diligently
to protect the health and welfare of the nation's elderly and poor by
implementing legislation to prevent certain individuals and businesses
from participating in Federally-funded health care programs. The OIG,
under this Congressional mandate, established a program to exclude
individuals and entities affected by these various legal authorities,
contained in sections 1128
<http://www.ssa.gov/OP_Home/ssact/title11/1128.htm> and 1156
<http://www.ssa.gov/OP_Home/ssact/title11/1156.htm> of the Social
Security Act <http://www.ssa.gov/OP_Home/ssact/>, and maintains a list
of all currently excluded parties called the List of Excluded
Individuals/Entities.

Bases for exclusion include convictions for program-related fraud and
patient abuse, licensing board actions and default on Health Education
Assistance Loans.

The effect of an exclusion (not being able to participate) is:

 *

 No payment will be made by any Federal health care program for any
 items or services furnished, ordered, or prescribed by an excluded
 individual or entity. Federal health care programs include
 Medicare, Medicaid, and all other plans and programs that provide
 health benefits funded directly or indirectly by the United States
 (other than the Federal Employees Health Benefits Plan). For
 exclusions implemented prior to August 4, 1997, the exclusion
 covers the following Federal health care programs: Medicare (Title
 XVIII), Medicaid (Title XIX), Maternal and Child Health Services
 Block Grant (Title V), Block Grants to States for Social Services
 (Title XX) and State Children's Health Insurance (Title XXI)
programs.

 *

 No program payment will be made for anything that an excluded
 person furnishes, orders, or prescribes. This payment prohibition
 applies to the excluded person, anyone who employs or contracts
 with the excluded person, any hospital or other provider where the
 excluded person provides services, and anyone else. The exclusion
 applies regardless of who submits the claims and applies to all
 administrative and management services furnished by the excluded
 person.

 *

 There is a limited exception to exclusions for the provision of
 certain emergency items or services not provided in a hospital
 emergency room. See regulations at 42 CFR 1001.1901(c)

Additional information is available in the Special Advisory Bulletin on
the Effect of an Exclusion
<http://oig.hhs.gov/fraud/docs/alertsandbulletins/effected.htm>.

Hope this helps.

John A Brown
Thomas Jefferson University

Fallows, Elisa wrote:

> Can anyone clarify for me:
> If a person is on the OIG exclusion list and had their license
> suspended for x # of years, can they then work as non-key personnel on

> a grant in which their licensure is not necessary?  Are they eligible
> to receive NIH grant funded salary (1.0 fte)?
>
> A citation to support the answer would be greatly appreciated too.
>
> * Elisa Espinoza Fallows,
> M.S.                                             *
> Research Compliance Manager
> Office of Legal Affairs & Institutional Compliance - UCT 14 The
> University of Texas Health Science Center at Houston
> Phone: (713) 500-3214       Fax: (713) 500-0326
> E-mail: xxxxxx@uth.tmc.edu
> <mailto:xxxxxx@uth.tmc.edu>
>
>
>
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 Instructions on how to use the RESADM-L Mailing List, including
 subscription information and a web-searchable archive, are available
 via our web site at http://www.hrinet.org (click on "Listserv Lists")
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