Modification to 42 CFR 1003 Sample Clauses

Modification to 42 CFR 1003. 700(a)(5) The regulation at 42 CFR 1003.700(a)(5) incorporates into part 1003 OIG’s statutory authority under 42 U.S.C. 1320a- 7a(o)(5) to impose CMPs, assessments, and exclusions for the failure to grant timely access to OIG for the purpose of audits, investigations, evaluations, or other statutory functions of OIG in matters involving grants, contracts, or other agreements. We stated in the proposed rule at 85 FR 22982 that 42 U.S.C. 1320a- 7a(o)(5) largely mirrors the statutory language that has for many years given OIG the authority to impose sanctions for the failure to grant timely access to OIG related to health care claims. Furthermore, we stated at 85 FR 22980 of the proposed rule that it was our intent to incorporate into OIG’s existing CMP regulations the new CMP authorities related to fraud and other misconduct involving HHS grants, contracts, and other agreements. However, our proposed regulatory text at 42 CFR 1003.700(a)(5) omitted a citation to the existing regulatory definition of “failure to grant timely access” that is located at § 1003.200(b)(10), in a section of part 1003 that relates to fraud involving Federal health care claims. Consistent with our intent to incorporate into part 1003 our authority to impose sanctions for failure to grant timely access related to grants, contracts, and other agreements, our view that this authority mirrors the authority OIG has had for many years related to health care claims and, for clarity, we are finalizing 42 CFR 1003.700(a)(5) with a cross-reference to the existing definition of “failure to grant timely access” to make clear that the definition of that term at 42 CFR 1003.200(b)(10) is applicable to actions under 42 CFR 1003.700(a)(5).