OIG Clarifies Exclusion Screening as CMS Authority Expands

New guidance follows an earlier delegation

OIG updated its exclusions FAQ October 27. It says the List of Excluded Individuals and Entities currently contains only OIG actions and that CMS publication details remain under development. OIG continues to handle mandatory exclusions and to resolve HHS permissive-exclusion authority in False Claims Act matters.¹

The earlier delegation notice appeared October 14. It granted CMS permissive-exclusion authority under the Social Security Act, preserved OIG’s existing authority, and excluded hearing and rulemaking powers. The notice stated that the delegation was effective immediately. The October 27 FAQ provides implementation guidance.²

Review what the screening process actually proves

Chad’s analysis: A screening result should be understood within the scope of the source searched. Document the databases checked, the search date, identity matching, and the person responsible for resolving uncertainty. Ask screening vendors how they will incorporate future CMS notices. Preserve existing controls while implementation develops, and route any actual exclusion notice for prompt review. Avoid recording a clear result as assurance about every agency’s action.