55412 Federal Register / Vol. 62, No. 206 / Friday, October 24, 1997 / Notices

their beneficiaries? Was the response

appropriate and credible?

2. Did the defendant cooperate with

investigators and prosecutors, and

timely respond to lawful requests for

documents and the provision of

evidence regarding the involvement of

other individuals in a particular

scheme, thereby demonstrating

trustworthiness?

3. Has the defendant made or agreed

to make full restitution to the Federal

and/or state health care programs,

thereby demonstrating present

responsibility and willingness to

conform to applicable laws, regulations

and program requirements?

4. Has the defendant paid or agreed to

pay all criminal, civil, and

administrative fines, penalties, and

assessments resulting from the improper

activity?

5. Has the defendant taken steps to

undo the questionable conduct or

mitigate the ill effects of the

misconduct, e.g., appropriate

disciplinary action against the

individuals responsible for the activity

that constitutes cause for exclusion, or

other corrective action?

6. Has the defendant acknowledged

its wrongdoing and change its behavior,

thereby demonstrating future

trustworthiness?

C. Likelihood that Offense or Some

Similar Abuse Will Occur Again

1. Was the misconduct the result of a

unique circumstance not likely to recur?

Is there minimal risk of repeat conduct?

2. Have prior and subsequent conduct

been exemplary or improper?

3. What prior measures had been

taken to ensure compliance with the

law? Can the defendant demonstrate

that it had an effective compliance plan

in place when the activities that

constitute cause for exclusion occurred?

A. Did the defendant make any efforts

to contact the OIG, HCFA, or its

contractors to determine whether its

conduct complied with the law and

applicable program requirements? Were

any contacts documented?

B. Did the defendant bring the activity

in question to the attention of the

appropriate Government officials prior

to any Government action, e.g., was

there any voluntary disclosure regarding

the alleged wrongful conduct?

C. Did the defendant have effective

standards of conduct and internal

control systems in place at the time of

the wrongful activity, e.g., was there a

corporate compliance program in place?

If there was an existing corporate

compliance plan:

(i) How long had the compliance plan

been in effect?

(ii) What problems had been

identified as a result of the compliance

plan?

(iii) Were any overpayments or

systemic changes made if problems

were identified?

(iv) Were appropriate staff sufficiently

trained in applicable policies and

procedures pertaining to Medicare and

other Federal and State health care

programs?

(v) Was there a corporate compliance

officer and an effective corporate

compliance committee in place (if

appropriate to the size of the company)?

(vi) Were regular audits undertaken at

the time of the unlawful activity?

4. What measures have been taken, or

will be taken, to ensure compliance

with the law? Has the defendant agreed

to implement adequate compliance

measures, including institution of a

corporate integrity plan?

D. Financial Responsibility

If permitted to continue program

participation, is the defendant able to

operate without a real threat of

bankruptcy and without a real threat to

its ability to provide quality health care

items or services?

Dated: October 14, 1997.

June Gibbs Brown,

Inspector General.

[FR Doc. 97–28202 Filed 10–23–97; 8:45 am]

BILLING CODE 4150–04–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

National Institutes of Health

National Cancer Institute; Closed

Meeting

Pursuant to section 10(d) of the

Federal Advisory Committee Act, as

amended (5 U.S.C. Appendix 2), notice

is hereby given of the following

National Cancer Institute Special

Emphasis Panel (SEP) meeting.

Name of SEP: Community Clinical

Oncology Program.

Date: November 17–18, 1997.

Time: 8:30 a.m. to Adjournment.

Place: Key Bridge Marriott, 1401 Lee

Highway, Arlington, VA 22209.

Contact Person: Ray Bramhall, Ph.D.,

Scientific Review Administrator, National

Cancer Institute, NIH, Executive Plaza North,

Room 636B, 6130 Executive Boulevard, MSC

74, Bethesda, MD 20892–7407; Telephone:

301/496–3428.

Purpose/Agenda: To review, discuss and

evaluate grant applications.

The meeting will be closed in accordance

with the provisions set forth in sections

552b(c)(4) and 552b(c)(6), Title 5, U.S.C.

Applications and the discussions could

reveal confidential trade secrets or

commercial property such as patentable

material and personal information

concerning individuals associated with the

applications, the disclosure of which would

constitute a clearly unwarranted invasion of

personal privacy.

(Catalog of Federal Domestic Assistance

Program Numbers: 93.393, Cancer Cause and

Prevention Research; 93.394, Cancer

Detection and Diagnosis Research; 93.395,

Cancer Treatment Research; 93.396, Cancer

Biology Research; 93.397, Cancer Centers

Support; 93.398, Cancer Research Manpower;

93.399, Cancer Control)

Dated: October 17, 1997.

LaVerne Y. Stringfield,

Committee Management Officer, National

Institutes of Health.

[FR Doc. 97–28183 Filed 10–23–97; 8:45 am]

BILLING CODE 4140–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

National Institutes of Health

National Cancer Institute; Closed

Meeting

Pursuant to section 10(d) of the

Federal Advisory Committee Act, as

amended (5 U.S.C. Appendix 2), notice

is hereby given of the following meeting

of the National Cancer Institute Initial

Review Group:

Agenda/Purpose: To review, discuss and

evaluate grant applications.

Committee Name: Subcommittee G—

Education.

Date: November 18–19, 1997.

Time: 8 a.m. to Adjournment.

Place: Holiday Inn—Georgetown, 2101

Wisconsin Avenue, NW., Washington, DC

20007.

Contact Person: Susan B. Spring, Ph.D.,

Scientific Review Administrator, National

Cancer Institute, NIH, 6130 Executive Blvd.,

EPN, Room 643C, Bethesda, Md 20892–7403;

Telephone: 301–402–0996.

The meeting will be closed in accordance

with the provisions set forth in sections

552b(c)(4) and 552b(c)(6), Title 5, U.S.C.

Applications and the discussions could

reveal confidential trade secrets or

commercial property such as patentable

material and personal information

concerning individuals associated with the

applications, the disclosure of which would

constitute a clearly unwarranted invasion of

personal privacy.

(Catalog of Federal Domestic Assistance

Program Numbers: 93,393, Cancer Cause and

Prevention Research, 93.394, Cancer

Detection and Diagnosis Research; 93.395,

Cancer Treatment Research; 93.396, Cancer

Biology Research; 93.397, Cancer Centers

Support; 93.398, Cancer Research Manpower;

93.399, Cancer Control)