{"data":{"id":"us/5-cfr-890.1013","jurisdiction":"us","citation":"5 CFR 890.1013","heading":"Deciding whether to propose a permissive debarment.","body":"(a) Review factors. The factors OPM shall consider in deciding whether to propose a provider's debarment under a permissive debarment authority are:\n(1) The nature of any claims involved in the basis for the proposed debarment and the circumstances under which they were presented to FEHBP carriers;\n(2) The improper conduct involved in the basis for the proposed debarment, and the provider's degree of culpability and history of prior offenses;\n(3) The extent to which the provider poses or may pose a risk to the health and safety of FEHBP-covered individuals or to the integrity of FEHBP transactions; and\n(4) Other factors specifically relevant to the provider's debarment that shall be considered in the interests of fairness.\n(b) Absence of a factor. The absence of a factor shall be considered neutral, and shall have no effect on OPM's decision.\n(c) Specialized review in certain cases. In determining whether to propose debarment under 5 U.S.C 8902a(c)(4) for providing items or services substantially in excess of the needs of a covered individual or for providing items or services that fail to meet professionally-recognized quality standards, OPM shall obtain the input of trained reviewers, based on written medical protocols developed by physicians. If OPM cannot reach a decision on this basis, it shall consult with a physician in an appropriate specialty area.","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM","Subpart J—Administrative Sanctions Imposed Against Health Care Providers"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-5.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:23:53Z","sha256":"0f570ea03575555b2f813fa66d472555c1c2158b97091a081ad906b5ed564185","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-890.1012","next":"us/5-cfr-890.1014"},"notice":"GroundRules: Original legal text. Not legal advice."}