Hi Elisa, You should read your individuals agreement to see what he/she is allowed to participate in. Not all agreements are the same. When receiving the NIH Notices of Scientific Misconduct I have noted the period of exclusion has been anywhere from 3-5 years and the capacity in which they are allowed to serve is indicated. More importantly you need to include a statement that is indicated in the agreement and possibly provide a clear oversight plan for this individuals work. I hope this helps. Dan At 01:50 PM 11/11/2004, Fallows, Elisa wrote: >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> > > > > > > > > ====================================================================== > > 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") > > ====================================================================== > > > > >====================================================================== > 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") >====================================================================== > > >====================================================================== > 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") >====================================================================== Daniel S. Rademacher Grants & Contracts Administrator The Robert H. Lurie Comprehensive Cancer Center Northwestern University 676 St. Clair Suite 1200 Chicago, IL 60611 Phone: (312) 695-1310 Fax: (312) 695-1328 xxxxxx@northwestern.edu www.cancer.northwestern.edu ====================================================================== 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") ======================================================================
