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HHS/OS RIN: 0991-AC11 Publication ID: Fall 2022 
Title: Limiting the Effect of Exclusions Implemented Under the Social Security Act(Rulemaking Resulting From a Section 610 Review) 

HHS proposes to remove the regulatory provisions at issue, in order to align the regulation with the intent of the Social Security Act and current practice.  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the Social Security Act prevent individuals convicted of certain crimes or individuals whose health care licenses have been revoked from participating in federal healthcare programs. Instead of only being barred from participating in all federal healthcare programs, certain regulatory provisions have resulted in these type of exclusion actions being given an overly broad government-wide effect, and excluded parties have been 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.

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 
RFA Section 610 Review: Rulemaking Resulting From a Section 610 Review 
CFR Citation: 2 CFR 376.147   
Legal Authority: 5 U.S.C. 301    31 U.S.C. 6101   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
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