Exhibit A W81K0425RA020.docx
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- Solicitation number
- W81K0425RA020
- Issued by
-
Department of the Army Medical Command
About this file
Exhibit A W81K0425RA020 is a detailed document outlining exclusion requirements for federal health care program participation. The document mandates that contractors must not employ or contract with any individual or entity listed on the Department of Health and Human Services (HHS) Office of the Inspector General (OIG) List of Excluded Individuals and Entities (LEIE) or the TRICARE Sanctioned Provider List.
Key compliance requirements include: (1) pre-contract and ongoing querying of exclusion lists, (2) certification to the Contracting Officer that no listed individuals are involved, (3) immediate removal of any personnel discovered on the exclusion lists, and (4) acknowledgment of potential severe penalties, including civil monetary penalties and potential contract termination for non-compliance. The document applies to all service providers, including those in executive, leadership, administrative, and management roles, and extends beyond direct patient care services.
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Text version
W81K0425RA020
Exhibit A
EXHIBIT A - LEIE
Exhibit A: Exclusion from Participation in Federal Health Care Programs (LEIE)
1. Exclusion from Participation in Federal Health Care Programs (October 2015)
2. The Contractor shall not employ or contract with any individual or entity (hereinafter collectively referred to as “person”) to provide items or services that will be included in invoices submitted to the Government under this contract if such person is listed on the Department of Health and Human Services (HHS) Office of the Inspector General (OIG) List of Excluded Individuals and Entities (LEIE) or the TRICARE Sanctioned Provider List. The Government is legally prohibited from paying for provision of items or services by such persons. The prohibition extends to services beyond direct patient care, such as services of persons in executive or leadership roles and administrative and management services, whether or not such services are billed separately. The LEIE may be found at http://oig.hhs.gov/fraud/exclusions.asp, and the TRICARE Sanctioned Provider list at http://www.health.mil/Military-Health-Topics/Access-Cost-Quality-and-Safety/Quality-And-Safety-of- Healthcare/Program-Integrity/Sanctioned-Providers. The LEIE and TRICARE Sanctioned Provider List are hereinafter collectively referred to as “the Lists.”
3. Prior to start of contract performance, the Contractor shall (a) query the Lists to determine whether the name of any person the Contractor employs or contracts with to provide services or items for which payment may be made under this contract appears on the Lists, and (b) certify to the Contracting Officer that the Contractor has queried the Lists and no such names appear on either of the Lists.
4. During performance of the contract, and prior to persons other than those whose names were queried in accordance with paragraph 2, above, (hereinafter “new persons”) providing services or items under the contract, the Contractor shall (a) query the Lists as in paragraph 2, and (b) certify to the Contracting Officer that the names of such new persons do not appear on either of the Lists.
5. The Contractor is advised that during performance of the contract, MTF personnel will perform a recurrent recheck of the names of contractor personnel working in the MTF against the Lists, as specified in OTSG/MEDCOM Policy Memo 15-037. The Government will notify the Contractor in the event any contractor personnel working in the MTF appear on either of the Lists.
6. Should any person providing items or services under the contract appear on either of the Lists at any time during contract performance, the Contractor shall (a) in cases where the Contractor identified the person, notify the Contracting Officer, and (b) promptly remove that person from the contract.
7. Violation of any aspect of the above paragraphs shall be considered a material breach of the contract and may result in termination of the contract.
8. The Contractor is further advised that, in accordance with Civil Monetary Penalties Law [CMP] (codified at 42 USC § 1320a-7a):
9. There are steep civil monetary penalties associated with billing the Government for providing items or services by a person on either of the Lists, and with failing to return to the Government any overpayments received for provision of such items or services.
10. Billing under the contract for provision of items or services by a person on either List may also result in exclusion of the person that employs or contracts with such person.
11. HHS OIG has issued a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs with additional information on the CMP. The Special Advisory Bulletin may be found at http://oig.hhs.gov/exclusions/files/sab-05092013.pdf.
(END OF EXHIBIT A: Exclusion from Participation in Federal Health Care Programs)
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