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 questions
Answer options
A: License suspension
B: Debarment Correct answer
C: License revocation
D: Disenfranchisement
Correct Answer:
B. Debarment
Explanation

Debarment 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.

Why Incorrect

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. ---

References

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).

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