---
kind: "section"
citation: "42 C.F.R. § 402.205"
title: "42"
number: "402.205"
heading: "Length of exclusion."
url: "https://uscodex.org/cfr/42/402.205"
---

# §402.205. Length of exclusion.


The length of exclusion from participation in Medicare, Medicaid, and, where applicable, other Federal health care programs, is contingent upon the specific violation of the Medicare statute. A full description of the specific violations identified in the sections of the Act are cross-referenced in the regulatory sections listed in the table in [paragraph (a)](#a) of this section.

- (a) In no event will the period of exclusion exceed 5 years for violation of the following sections of the Act:
- (b) **For violation of the following sections, there is no maximum time limit for the period of exclusion.**
- (c) For a person excluded under any of the grounds specified in [paragraph (a)](#a) of this section, notwithstanding any other requirements in this section, reinstatement occurs—
  - (1) At the expiration of the period of exclusion, if the exclusion was imposed for a period of 5 years; or
  - (2) At the expiration of 5 years from the effective date of the exclusion, if the exclusion was imposed for a period of less than 5 years and the initiating agency did not receive the appropriate written request for reinstatement as specified in [§ 402.300](/cfr/42/402.300.md).

## Notes

### Source

Source: 72 FR 39752, July 20, 2007, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 63 FR 68690, Dec. 14, 1998, unless otherwise noted.