C.F.R. » Title 42 » CHAPTER V—OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—OIG AUTHORITIES › PART 1002—PROGRAM INTEGRITY—STATE-INITIATED EXCLUSIONS FROM MEDICAID › Subpart A—General Provisions

42 C.F.R. § 1002.3

General authority

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(a) In addition to any other authority it may have, a State may exclude an individual or entity from participation in the Medicaid program for any reason for which the Secretary could exclude that individual or entity from participation in Federal health care programs under sections 1128, 1128A, or 1866(b)(2) of the Act.

(b) Nothing contained in this part should be construed to limit a State's own authority to exclude an individual or entity from Medicaid for any reason or period authorized by State law.

[57 FR 3343, Jan. 29, 1992, as amended at 64 FR 39428, July 22, 1999. Redesignated and amended at 82 FR 4118, Jan. 12, 2017]
Notes of Decisions
Cited in 3 cases, 2017–2019 · leading case: Planned Parenthood of Kan. v. Andersen, 882 F.3d 1205 (10th Cir. 2018).
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Planned Parenthood of Kan. v. Andersen, 882 F.3d 1205 (10th Cir. 2018). · cites it 3× “§ 1396a(p)(1) ; 42 C.F.R. § 1002.3 (a)-(b). As grounds for excluding the Providers from its Medicaid plan, Kansas has raised 42 U.”
Planned Parenthood of Greater Tex. Fam. Plan. & Preventative Health Servs., Inc v. Smith, 913 F.3d 551 (5th Cir. 2019). · cites it 4× “” 42 C.F.R. § 1002.3 (a)-(b). Gee also recognized that “[s]tates undoubtedly must be able to terminate provider agreements in cases of criminal activity, fraud and abuse, and other instances of malfeasance.”
Stephen Doane v. Dep't of Health & Human Servs., 2017 ME 193 (Me. 2017). · cites it 2× “2 (b) (2016) (redesignated as 42 C.F.R. § 1002.3 (b) by 82 Fed. Reg. 4100 § 36 (Jan.”
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