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>
> >
> >
> >
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> > 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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>
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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

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 via our web site at http://www.hrinet.org (click on "Listserv Lists")
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