Guide
How to read an exclusion type code
Every LEIE record carries an exclusion type code citing the subsection of Section 1128 of the Social Security Act that authorized it: 1128(a) codes are mandatory exclusions that OIG is required by law to impose, and 1128(b) codes are permissive exclusions that OIG has discretion to impose. HHS-OIG publishes the full list of authorities on its Exclusion Authorities page.
What is a 1128(a) mandatory exclusion?
HHS-OIG states it is required by law to exclude individuals and entities convicted of certain criminal offenses: program-related crimes, patient abuse or neglect, felony convictions relating to health care fraud, and felony convictions relating to controlled substances. Its authorities page lists a minimum exclusion period of 5 years for each of these.
What is a 1128(b) permissive exclusion?
HHS-OIG has discretion to exclude on a number of grounds, including (but not limited to) misdemeanor convictions related to health care fraud, fraud in a non-health-care program, license revocation, suspension or surrender, unnecessary or substandard services, false or fraudulent claims, kickback arrangements, and defaulting on health education loan or scholarship obligations. The baseline or minimum period varies by subsection.
The exact subsection (e.g. “1128(a)(1)” vs. “1128(b)(4)”) is shown on every CFExclusion result and links back to the official record.
Sources
- HHS-OIG, Exclusion Authorities (Social Security Act §1128)
- HHS-OIG, List of Excluded Individuals/Entities (LEIE)
Where this page says “our characterisation,” “our reasoning,” or “we measured,” the statement is CFExclusion's own rather than a government source's. CFExclusion is a private service and is not affiliated with HHS, OIG, CMS, or SAM.gov.
Check a name
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