§ 890.1006 Notice of proposed mandatory debarment

5 CFR 890.1006(a)(a) Written notice. OPM shall inform a provider of his proposed debarment by written notice sent not less than 30 days prior to the proposed effective date.

5 CFR 890.1006(b)(b) Contents of the notice. The notice shall contain information indicating the:

5 CFR 890.1006(b)(1)(1) Effective date of the debarment;

5 CFR 890.1006(b)(2)(2) Minimum length of the debarment;

5 CFR 890.1006(b)(3)(3) Basis for the debarment;

5 CFR 890.1006(b)(4)(4) Provisions of law and regulation authorizing the debarment;

5 CFR 890.1006(b)(5)(5) Effect of the debarment;

5 CFR 890.1006(b)(6)(6) Provider's right to contest the debarment to the debarring official;

5 CFR 890.1006(b)(7)(7) Provider's right to request OPM to reduce the length of debarment, if it exceeds the minimum period required by law or this subpart; and

5 CFR 890.1006(b)(8)(8) Procedures the provider shall be required to follow to apply for reinstatement at the end of his period of debarment, and to seek a waiver of the debarment on the basis that he is the sole health care provider or the sole source of essential specialized services in a community.

5 CFR 890.1006(c)(c) Methods of sending notice. OPM shall send the notice of proposed debarment and the final decision notice (if a contest is filed) to the provider's last known address by first class mail, or, at OPM's option, by express delivery service.

5 CFR 890.1006(d)(d) Delivery to attorney, agent, or representatives.

5 CFR 890.1006(d)(1)(1) If OPM proposes to debar an individual health care provider, it may send the notice of proposed debarment directly to the provider or to any other person designated by the provider to act as a representative in debarment proceedings.

5 CFR 890.1006(d)(2)(2) In the case of a health care provider that is an entity, OPM shall deem notice sent to any owner, partner, director, officer, registered agent for service of process, attorney, or managing employee as constituting notice to the entity.

5 CFR 890.1006(e)(e) Presumed timeframes for receipt of notice. OPM computes timeframes associated with the delivery notices described in paragraph (c) of this section so that:

5 CFR 890.1006(e)(1)(1) When OPM sends notice by a method that provides a confirmation of receipt, OPM deems that the provider received the notice at the time indicated in the confirmation; and

5 CFR 890.1006(e)(2)(2) When OPM sends notice by a method that does not provide a confirmation of receipt, OPM deems that the provider received the notice 5 business days after it was sent.

5 CFR 890.1006(f)(f) Procedures if notice cannot be delivered.

5 CFR 890.1006(f)(1)(1) If OPM learns that a notice was undeliverable as addressed or routed, OPM shall make reasonable efforts to obtain a current and accurate address, and to resend the notice to that address, or it shall use alternative methods of sending the notice, in accordance with paragraph (c) of this section.

5 CFR 890.1006(f)(2)(2) If a notice cannot be delivered after reasonable followup efforts as described in paragraph (f)(1) of this section, OPM shall presume that the provider received notice 5 days after the latest date on which a notice was sent.

5 CFR 890.1006(g)(g) Use of electronic means to transmit notice. [Reserved]