CFE-LAW practice question 6 of 25
Nora, a health care provider b convicted of health care fraud in criminal court After her conviction, the national health agency begins a proceeding to prohibit Nora from seeking reimbursement from government health care programs for five years Which type of administrative penalty is the national health agency seeking?
Full set: 158 questionsDebarment is an administrative action taken by a government agency to exclude or disqualify individuals or entities from participating in government contracts, programs, or benefits for a specified period. In this scenario, the national health agency is prohibiting Nora from seeking reimbursement from government health care programs due to her fraud conviction. This action directly fits the definition of debarment, as it is intended to protect the integrity of government-funded programs by excluding untrustworthy parties.
A. License suspension: This is the temporary removal of a professional's license to practice (e.g., a medical license), which is a separate action from being excluded from government programs.
C. License revocation: This is the permanent termination of a professional's license to practice, whereas the scenario describes a temporary, five-year prohibition.
D. Disenfranchisement: This refers to the revocation of the right to vote and is unrelated to professional sanctions or participation in government health care programs. ---
1. Association of Certified Fraud Examiners (ACFE). Fraud Examiners Manual, International Edition. (2023). In the "Civil and Administrative Actions" section, debarment is defined as an administrative remedy where a government agency bars a contractor or individual from doing business with the government. This is distinct from license suspension or revocation, which pertains to professional credentials. The action against Nora is a classic example of debarment or exclusion from a government program. (See section on Administrative Proceedings).
2. U.S. Department of Health & Human Services, Office of Inspector General (OIG). Exclusions. The OIG has the authority to exclude individuals and entities from Federally funded health care programs for a variety of reasons, including a conviction for Medicare or Medicaid fraud. This exclusion action is a form of debarment. The OIG's website states, "OIG has the authority to exclude individuals and entities from Federally funded health care programs... and maintains a list of all currently excluded individuals and entities called the List of Excluded Individuals/Entities (LEIE)." This directly corresponds to the scenario described.
3. George Washington University Law School. A Brief Introduction to the Law of Government Contracts. (2018). In course materials discussing contractor misconduct, suspension and debarment are described as administrative measures used to protect the government from non-responsible contractors. Debarment is defined as an exclusion from government contracting and assistance for a specified period, typically following a conviction or civil judgment. (See Chapter on Suspension and Debarment).
Keep practicing
Take the free CFE-LAW practice test
Ten exam-style questions with answers and explanations, plus the exam facts and study guides.
More questions
Other CFE-LAW practice questions
- Question 1In most countries employers must provide notice to their employees before they implement …
- Question 2The Financial Action Task Force (FATF) Recommendations slate that a financial institution…
- Question 3Which of the following examples of judicial systems would BEST be described as a civil la…
- Question 4Which of the following is a legal element that the government must show to prove a cnmina…
- Question 5Which of the following is a legal element that the government must show to prove a conspi…
- Question 7Which of the following is generally one of the goals of deferred prosecution agreements?
