The HHS-OIG issued new guidelines on April 18, 2016 regarding the Secretary's exercise of the Department's permissive exclusion authority pursuant to Section 1128(b)(7) of the Social Security Act.  The HHS-OIG's new guidance represents an effort by the Department to align its permissive exclusion authority with DOJ's recent focus on holding culpable individuals accountable as expressed in the so-called Yates Memorandum and replaces the guidance previously set forth at 62 Fed. Reg. 67,392 (December 24, 1997).  The HHS-OIG's new policy statement, however, makes clear that the Secretary's permissive exclusion authority is not designed to punish individuals.  It focuses instead on the need to protect federal healthcare funding programs from future fraud and abuse, and provides succinct and clear guidance on the factors the Secretary believes affect this calculus.  

Click here for the new policy statement.