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Expert Analysis

Risk Of Future Misconduct Will Guide HHS Investigations

Law360, New York (April 26, 2016, 10:38 AM EDT) -- The Office of Inspector General of the U.S. Department of Health and Human Services has issued updated guidance on the use of its so-called permissive exclusion authority under Section 1128(b)(7) of the Social Security Act (42 U.S.C. §1320a-7(b)(7)) ("(b)(7) authority"). The new guidance, which supersedes guidance dating from 1997, is designed to guide OIG decision-making regarding the use of its (b)(7) authority in the context of settlements with the U.S. Department of Justice under the civil False Claims Act and other civil and criminal statutes....

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