SAM
The System for Award Management (“SAM”) is
the official database operated by the United States Government that contains
information regarding debarment actions taken by OIG[4]
and various other Federal agencies, whereas the LEIE (discussed below) lists
only exclusion actions taken by OIG.[5] Providers may access SAM by clicking here
and registering for a free user account. SAM recently replaced the General Services
Administration’s (the “GSA’s”) Excluded Parties List System (“EPLS”). The GSA continues to administer SAM.
LEIE
The OIG List of Excluded
Individuals/Entities (“LEIE”) contains information regarding individuals and
entities that are excluded by OIG from participation in Medicare, Medicaid, and
all Federal health care programs. The LEIE lists only those parties that have
been excluded from participation by OIG.
No other exclusion authority is reflected on the LEIE. This is different
from the content of SAM, which reflects OIG exclusions and debarment actions
taken by Federal government agencies.
The LEIE is located at http://exclusions.oig.hhs.gov.
Although SAM provides a more comprehensive
listing of debarment actions and includes actions also reported in the LEIE, a
provider should check both SAM and LEIE, as the LEIE is the primary source of
information regarding OIG exclusions, it is maintained by OIG, and it provides
more details about persons excluded by OIG than SAM does.[6]
FACIS
FACIS is a database containing information
regarding adverse actions taken against individuals and entities in the
healthcare field. There are three (3)
levels of FACIS Reports, each providing a different degree of information. Several healthcare background check providers
provide all three (3) levels of FACIS checks.
A Level 1 FACIS searches for enforcement
actions taken by OIG, GSA, and other federal agencies. It complies with the
federal government’s minimum requirements in OIG’s Compliance Program Guidance
for Nursing Homes[7],
Hospitals[8],
and Individual and Small Group Physician Practices[9],
as it checks both SAM and the LEIE.
A Level 2 FACIS search includes the federal
agencies search in Level 1 FACIS, and adds a search of state agencies for one
State of choice.
A Level 3 FACIS check is the most
comprehensive level. It encompasses a Level 1 FACIS search and adds
adverse action information from state agencies and licensing and certification
agencies in all 50 states. It exceeds the minimum federal requirements
and offers maximum coverage for risk compliance.
For further questions on program exclusion
verifications or SAM, OIG and/or FACIS searches, please contact Carrie Flores
at cflores@kdlegal.com
or Meghan Linvill McNab at mmcnab@kdlegal.com.
[1] Office of Inspector General,
Special Advisory Bulletin: The Effect of Exclusion from Participation in
Federal Health Care Programs (Sept. 1999).
[2] Id.
[3] Office of Inspector General Updated Special Advisory Bulletin on
the Effect of Exclusion from Participation in Federal Health Care Programs at 15 (May 8, 2013).
[5] Office of Inspector General Updated Special Advisory Bulletin on
the Effect of Exclusion from Participation in Federal Health Care Programs at 17 (May 8, 2013).
[6] Id.
[7] 73 Fed. Reg. 56832, 56840 (Sept.
30, 2008) Available at https://oig.hhs.gov/compliance/compliance-guidance/docs/complianceguidance/nhg_fr.pdf.
[8] 70 Fed. Reg. 4858, 4876 (Jan.
31, 2005), Available at https://oig.hhs.gov/fraud/docs/complianceguidance/012705HospSupplementalGuidance.pdf.
[9] 65 Fed. Reg. 59434, 59442 (Oct.
5, 2000), Available at https://oig.hhs.gov/authorities/docs/physician.pdf.