What are permissive exclusions?

OIG also has the discretion to exclude individuals for certain other types of criminal offenses, including misdemeanor convictions relating to controlled substances. These are known as “permissive exclusions.” There are at least 16 grounds for permissive exclusions, and not all relate to a criminal conviction. 

The following criminal convictions can give rise to a permissive exclusion of a minimum of 3 years:

  • Misdemeanor convictions relating to health care fraud
  • Fraud conviction related to non-health care programs financed by federal, state, or local government agencies
  • Convictions relating to obstruction of a health care fraud investigation
  • Misdemeanor convictions related to controlled substances

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