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Code of Federal Regulations Pertaining to ESA |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Information for Medical Providers |
20 CFR 10.826 - How can an excluded provider be reinstated?
- Section Number: 10.826
- Section Name: How can an excluded provider be reinstated?
(a) If a physician, hospital, or provider of medical services or
supplies has been automatically excluded pursuant to Sec. 10.816, the
provider excluded will automatically be reinstated upon notice to OWCP
that the conviction or exclusion which formed the basis of the automatic
exclusion has been reversed or withdrawn. However, an automatic
reinstatement shall not preclude OWCP from instituting exclusion
proceedings based upon the underlying facts of the matter.
(b) A physician, hospital, or provider of medical services or
supplies excluded from participation as a result of an order issued
pursuant to this subpart may apply for reinstatement one year after the
entry of the order of exclusion, unless the order expressly provides for
a shorter period. An application for reinstatement shall be addressed to
the Director for Federal Employees' Compensation, and shall contain a
concise statement of the basis for the application. The application
should be accompanied by supporting documents and affidavits.
(c) A request for reinstatement may be accompanied by a request for
oral argument. Oral argument will be allowed only in unusual
circumstances where it will materially aid the decision process.
(d) The Director for Federal Employees' Compensation shall order
reinstatement only in instances where such reinstatement is clearly
consistent with the goal of this subpart to protect the FECA program
against fraud and abuse. To satisfy this requirement the provider must
provide reasonable assurances that the basis for the exclusion will not
be repeated.
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