The enforcement of penalties for employing or contracting with individuals or businesses that are excluded from Federal Health Care Programs or Federal contracts seems to be on an upswing. While this is not a new issue, there definitely appears to be renewed interest at both the Federal and State levels. It is also worth noting that there still are reports of significant violations of the rules occurring and so the renewed interest in enforcement is paying off at a time when governments need additional sources of revenue. In that respect the likelihood of enforcement activity on this issue subsiding soon is pretty low.

This Issue Brief discusses the relevant laws and regulations relating to excluded parties and the ways in which health care providers can implement systems to prevent exposure to excluded parties.