Common use of Permissive exclusion Clause in Contracts

Permissive exclusion. The Secretary may exclude the following indi- viduals and entities from participation in any Federal health care program (as defined in sec- tion 1320a–7b(f) of this title): (1) Conviction relating to fraud (A) of a criminal offense consisting of a misdemeanor relating to fraud, theft, embez- zlement, breach of fiduciary responsibility, or other financial misconduct— (i) in connection with the delivery of a health care item or service, or (ii) with respect to any act or omission in a health care program (other than those specifically described in subsection (a)(1) of this section) operated by or financed in whole or in part by any Federal, State, or local government agency; or (B) of a criminal offense relating to fraud, theft, embezzlement, breach of fiduciary re- sponsibility, or other financial misconduct with respect to any act or omission in a pro- gram (other than a health care program) op- erated by or financed in whole or in part by any Federal, State, or local government agency. (2) Conviction relating to obstruction of an in- vestigation or audit (i) any offense described in paragraph (1) or in subsection (a); or (ii) the use of funds received, directly or indirectly, from any Federal health care pro- gram (as defined in section 1320a–7b(f) of this title). (3) Misdemeanor conviction relating to con- trolled substance

Permissive exclusion. The Secretary may exclude the following indi- viduals and entities from participation in any Federal health care program (as defined in sec- tion 1320a–7b(f) of this title): (1) Conviction relating to fraud (A) of a criminal offense consisting of a misdemeanor relating to fraud, theft, embez- zlement, breach of fiduciary responsibility, or other financial misconduct— (i) in connection with the delivery of a health care item or service, or (ii) with respect to any act or omission in a health care program (other than those specifically described in subsection (a)(1) of this section)) operated by or financed in whole or in part by any Federal, State, or local government agency; or (B) of a criminal offense relating to fraud, theft, embezzlement, breach of fiduciary re- sponsibility, or other financial misconduct with respect to any act or omission in a pro- gram (other than a health care program) op- erated by or financed in whole or in part by any Federal, State, or local government agency. (2) Conviction relating to obstruction of an in- vestigation or audit (i) any offense described in paragraph (1) or in subsection (a); or (ii) the use of funds received, directly or indirectly, from any Federal health care pro- gram (as defined in section 1320a–7b(f) of this title). (3) Misdemeanor conviction relating to con- trolled substance