---
kind: "section"
citation: "5 C.F.R. § 890.1013"
title: "5"
number: "890.1013"
heading: "Deciding whether to propose a permissive debarment."
url: "https://uscodex.org/cfr/5/890.1013"
---

# §890.1013. Deciding whether to propose a permissive debarment.

- (a) **Review factors.** The factors OPM shall consider in deciding whether to propose a provider's debarment under a permissive debarment authority are:
  - (1) The nature of any claims involved in the basis for the proposed debarment and the circumstances under which they were presented to FEHBP carriers;
  - (2) The improper conduct involved in the basis for the proposed debarment, and the provider's degree of culpability and history of prior offenses;
  - (3) The extent to which the provider poses or may pose a risk to the health and safety of FEHBP-covered individuals or to the integrity of FEHBP transactions; and
  - (4) Other factors specifically relevant to the provider's debarment that shall be considered in the interests of fairness.
- (b) **Absence of a factor.** The absence of a factor shall be considered neutral, and shall have no effect on OPM's decision.
- (c) **Specialized review in certain cases.** In determining whether to propose debarment under [5 U.S.C 8902a(c)(4)](/usc/5/8902a.md?p=c-4) for providing items or services substantially in excess of the needs of a covered individual or for providing items or services that fail to meet professionally-recognized quality standards, OPM shall obtain the input of trained reviewers, based on written medical protocols developed by physicians. If OPM cannot reach a decision on this basis, it shall consult with a physician in an appropriate specialty area.

## Notes

### Authority

Authority: 5 U.S.C. 8902a.

### Source

Source: 68 FR 5475, Feb. 3, 2003, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 8913. Sec. 890.102 also issued under sections 11202(f), 11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251. Sec. 890.111 also issued under 36 U.S.C. 5522. Sec. 890.112 also issued under 2 U.S.C. 2051. Sec. 890.113 also issued under section 1110 of Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8702 note). Sec. 890.301 also issued under 26 U.S.C. 9801. Sec. 890.302(b) also issued under 42 U.S.C. 300gg-14. Sec. 890.803 also issued under 50 U.S.C. 3516 (formerly 50 U.S.C. 403p); 22 U.S.C. 4069c and 4069c-1. Subpart L also issued under section 599C of Pub. L. 101-513, 104 Stat. 2064 (5 U.S.C. 5561 note). Subpart M also issued under 10 U.S.C. 1108; 25 U.S.C. 1647b. Subpart P also issued under 5 U.S.C. 8903c.

### Source

Source: 33 FR 12510, Sept. 4, 1968, unless otherwise noted.