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HHS/OS | RIN: 0991-AC11 | Publication ID: Fall 2018 |
Title: Limiting the Effect of Exclusions Implemented Under the Social Security Act | |
Abstract:
Exclusions implemented under the Social Security Act prevent individuals convicted of certain crimes or individuals whose health care licenses have been revoked from participating in Federal health care programs. Instead of only being barred from participating in all Federal health care programs, these type of exclusion actions were being given an overly broad government-wide effect, and excluded parties were barred from participating in all federal procurement and non-procurement actions. However, because Social Security Act exclusions are not issued under an agency’s suspension and debarment authority, they do not stop individuals from participating in all Federal procurement and non-procurement actions. For an agency to bar individuals from participating in all procurement and non-procurement activities, it must exercise its suspension and debarment authority under the Federal Acquisition Regulation or the Nonprocurement Common Rule. This regulation should be removed to align with the intent of the Social Security Act and current practice. |
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Agency: Department of Health and Human Services(HHS) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Undetermined | Unfunded Mandates: No |
EO 13771 Designation: Deregulatory | |
CFR Citation: 2 CFR 376.147 | |
Legal Authority: 5 U.S.C 301 31 U.S.C. 6101 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Undetermined |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Tiffani Redding Program Analyst Department of Health and Human Services Office of the Secretary 200 Independence Avenue SW, Washington, DC 20201 Phone:202 768-0628 Email: tiffani.redding@hhs.gov |