C.F.R. » Title 42 » CHAPTER V—OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—OIG AUTHORITIES › PART 1001—PROGRAM INTEGRITY—MEDICARE AND STATE HEALTH CARE PROGRAMS › Subpart E—Notice and Appeals

42 C.F.R. § 1001.2002

Notice of exclusion

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(a) Except as provided in § 1001.2003, if the OIG determines that exclusion is warranted, it will send a written notice of this decision to the affected individual or entity.

(b) The exclusion will be effective 20 days from the date of the notice.

(c) The written notice will state—

(1) The basis for the exclusion;

(2) The length of the exclusion and, where applicable, the factors considered in setting the length;

(3) The effect of the exclusion;

(4) The earliest date on which the OIG will consider a request for reinstatement;

(5) The requirements and procedures for reinstatement; and

(6) The appeal rights available to the excluded individual or entity.

(d) Paragraph (b) of this section does not apply to exclusions imposed in accordance with § 1001.1301.

(e) No later than 15 days prior to the final exhibit exchanges required under § 1005.8 of this chapter, the OIG may amend its notice letter if information comes to light that justifies the imposition of a different period of exclusion other than the one proposed in the original notice letter.

[57 FR 3330, Jan. 29, 1992, as amended at 63 FR 46690, Sept. 2, 1998]
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1998–2025 · leading case: Planned Parenthood Se., Inc. v. Bentley, 141 F. Supp. 3d 1207 (M.D. Ala. 2015).
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Planned Parenthood Se., Inc. v. Bentley, 141 F. Supp. 3d 1207 (M.D. Ala. 2015). “” 42 C.F.R. § 1001.2002 (c). Although the Governor made public -statements via Twitter regarding his decision to terminate PPSE’s provider agreement, ‘tweets’ are plainly not an acceptable form of notice.”
Seide v. Shalala, 31 F. Supp. 2d 466 (E.D. Pa. 1998). “§ 1320a-7(c)(l); 42 C.F.R. § 1001.2002 . Plaintiff appealed the Inspector General’s decision to ALJ Riotto.”
Figueroa v. Dep't of Health & Human Servs., No. 8:23-cv-02236 (M.D. Fla. Aug. 13, 2025). · cites it 7× “See 42 C.F.R. § 1001.2002 (b). An individual excluded from federal health care programs may file a request for a hearing before an ALJ.”
Ali v. U.S. Dep't of Health & Human Servs., No. 2:21-cv-12365 (E.D. Mich. Aug. 4, 2022). “See 42 C.F.R. § 1001.2002 (b). The regulation does not provide for a different or retroactive start date.”
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