5 CFR § 890.1013 - Deciding whether to propose a permissive debarment.
---identifier: "/us/cfr/t5/s890.1013"source: "ecfr"legal_status: "authoritative_unofficial"title: "5 CFR § 890.1013 - Deciding whether to propose a permissive debarment."title_number: 5title_name: "Administrative Personnel"section_number: "890.1013"section_name: "Deciding whether to propose a permissive debarment."chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"subchapter_number: "B"subchapter_name: "CIVIL SERVICE REGULATIONS"part_number: "890"part_name: "FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"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) and 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 and 25 U.S.C. 1647b; and subpart P issued under 5 U.S.C. 8903c."regulatory_source: "33 FR 12510, Sept. 4, 1968, unless otherwise noted."cfr_part: "890"---
Identifier
/us/cfr/t5/s890.1013
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Office of Personnel Management
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... 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) and 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 and 25 U.S.C. 1647b; and subpart P issued under 5 U.S.C. 8903c.
# 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) 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.