The University of Texas Health Science Center at Houston

Exclusion Check Guidelines

The following guidelines will be implemented by the appropriate University of Texas Health Science Center at Houston ("university") departments and personnel to comply with HOOP Policy 2.13A Exclusion Check.

PROCEDURES

I. Post-Offer Applicants, Applicants for Residency Programs Who are Classified as Employees Upon Commencement of their Residency Program, and Employees

Human Resources ("HR") is responsible for conducting exclusion checks for post-offer applicants and employees in accordance with HOOP Policy 2.13A Exclusion Check. The Dental Branch's Office of Student Affairs ("DBOSA") is responsible for conducting exclusion checks for applicants considered for enrollment in a Dental Branch residency program who will be considered employees upon the commencement of their residency program in accordance with HOOP Policy 2.13A Exclusion Check.

A. Post-Offer Applicants

1. If a post-offer applicant is found to be a potential match, HR will immediately inform the Office of Legal Affairs & Institutional Compliance ("OLAIC") in writing. OLAIC will confirm the post-offer applicant under consideration has been excluded, debarred or designated and will determine the scope of the exclusion, debarment or designation.
2. If the match is confirmed, OLAIC will consult with the Office of International Affairs to determine if the post-offer applicant is subject to any visa requirements.

a. Classified and Administrative & Professional:

If the match is confirmed, OLAIC will inform HR immediately in writing. HR will inform the manager of the hiring department, and HR shall rescind the offer of employment to the post-offer applicant.

b. Faculty:

If the match is confirmed, OLAIC will inform HR, the dean of the appropriate school, and the chair of the hiring department in writing. The dean of the appropriate school and the chair of the hiring department shall rescind the offer of employment to the post-offer applicant.

3. For a post-offer applicant to be reconsidered for hiring, he/she must provide sufficient documentation to OLAIC of his/her removal from the applicable federal or state list. Upon OLAIC’s confirmation of the documentation, the post-offer applicant may be reconsidered for hire. OLAIC will inform HR of the results of the confirmation check.

B. Applicants for Dental Branch Residency Programs Who Are Classified as Employees Upon Commencement of their Residency Programs

This section of the guidelines only applies to applicants for residency programs at the Dental Branch.

1. If a Dental Branch resident candidate is found to be a potential match, DBOSA will immediately inform OLAIC in writing. OLAIC will confirm that the incoming resident under consideration by the Dental Branch has been excluded, debarred or designated and will determine the scope of the exclusion, debarment or designation.
2. If the match is confirmed, OLAIC will consult with the Office of International Affairs to determine if the resident candidate is subject to any visa requirements.
3. If OLAIC verifies the listing of the incoming resident, OLAIC will inform the DBOSA immediately in writing. The DBOSA will not offer placement to the applicant.
4. For a Dental Branch resident program applicant to be reconsidered for placement, he/she must provide sufficient documentation to OLAIC of his/her removal from the applicable federal or state list. Upon OLAIC’s confirmation of the documentation, the incoming resident may be reconsidered for placement. OLAIC will inform DBOSA of the results of the confirmation check.
5. Current Dental Branch residents are subject to the provisions indicated below for employees.

C. Employees

1. If an employee is found to be a potential match, HR will immediately notify OLAIC in writing. OLAIC will confirm the employee has been excluded, debarred or designated and will determine the scope of the exclusion, debarment or designation.
2. If the match is confirmed, OLAIC will consult with the Office of International Affairs to determine if the employee is subject to any visa requirements.
3. OLAIC will immediately advise the appropriate dean, administrator or vice president of the necessary actions to be taken. The Chief Operating and Financial Officer, the appropriate executive vice president, the Vice President for Institutional Advancement, the vice president of the affected employee, and the Vice President and Chief Human Resources Officer will be copied on this communication.
4. An employee confirmed on an applicable exclusion list will be given a grace period of three working days to provide sufficient documentation to demonstrate mistaken identity. During this grace period, the employee will be placed on paid leave. The appropriate dean, administrator or vice president shall immediately advise the affected employee of his/her status in writing. The Chief Operating Officer, the appropriate executive vice president, the Vice President for Institutional Advancement, the vice president of the affected employee, and the Vice President and Chief Human Resources Officer will be copied on this communication. If the employee is a billing provider, the appropriate dean or administrator will effectuate the removal of the affected employee from all clinic schedules during the grace period. The appropriate dean or administrator will also take appropriate action to ensure all claims for reimbursement to federal or state health care programs from the affected employee are held during the grace period. If the affected employee is a resident, the affected employee will be removed from clinical rotation and participation in ongoing research during the grace period.
5. Upon expiration of the grace period, if the affected employee cannot provide sufficient documentation to demonstrate mistaken identity, appropriate steps will be taken as indicated below.
6. If OLAIC determines the scope of the debarment, exclusion or designation is such that it can be remedied within a reasonable amount of time, the affected employee or resident will be placed on suspension without pay for up to 30 calendar days. Reimbursement claims submitted by the employee or resident to the university will not be paid while the employee is excluded, debarred or designated. If the affected employee is a resident, the affected employee will also be placed on academic suspension for up to 30 calendar days. The suspension period and/or academic suspension period shall begin on the date notification is sent to the employee. The appropriate dean, administrator or vice president shall immediately advise the affected employee of his/her status in writing. The Chief Operating Officer, the appropriate executive vice president, the Vice President for Institutional Advancement, the vice president of the affected employee, and the Vice President and Chief Human Resources Officer will be copied on this communication.
7. The affected employee may be returned to regular status upon providing sufficient documentation to OLAIC that he/she has been removed from the applicable federal or state list and upon confirmation by OLAIC of the employee’s documentation. OLAIC will inform HR and the appropriate dean, administrator or vice president of the results of the confirmation check. The Chief Operating Officer, the appropriate executive vice president, and the Vice President for Institutional Advancement will be copied on this communication.
8. If, at the end of the initial 30 calendar day leave period, the employee has not been removed from the applicable list, but the employee is able to provide sufficient documentation of his/her efforts to be removed, HR and OLAIC may approve an additional 30 calendar day suspension without pay period. If the affected employee is a Dental Branch resident, the DBOSA will be consulted to determine the appropriate action. If, at the end of this second suspension period, the employee has not been removed from the applicable list(s), the employee will be terminated by the appropriate dean, administrator or vice president.
9. If OLAIC determines the scope of the debarment, exclusion or designation is such that it cannot be remedied within a reasonable amount of time, the affected employee or resident will be terminated. The appropriate dean, administrator or vice president shall immediately advise the affected employee of his/her status in writing.
10. Billing Providers – The appropriate dean, administrator or vice president shall be responsible for determining if the affected employee is a billing provider.

a. Medical School

The Dean shall coordinate with the President & CEO of UT Physicians ("UTP") to suspend immediately the billing privileges of the affected employee and to remove the affected employee from all clinic schedules. The affected employee’s billing privileges will be suspended as of the date OLAIC confirms the affected employee is excluded, debarred or designated.

The affected employee’s billing privileges will not be reinstated and the affected employee will not be returned to clinic schedules until he/she provides sufficient documentation to OLAIC that he/she has been reinstated to all federal/state programs from which he/she was previously excluded and OLAIC has confirmed the documentation. OLAIC will inform the Dean of the results of the confirmation check. Claims for reimbursement for the affected employee may not be submitted until the affected employee has been reinstated to all federal/state programs from which he/she was previously excluded. The affected employee will not be returned to clinic schedules until the affected employee has been reinstated to all federal/state programs from which he/she was previously excluded.

b. School of Nursing

The Dean shall coordinate with the Director of The University of Texas Health Services ("UTHS") to suspend immediately the billing privileges of the affected employee and to remove the affected employee from all clinic schedules. The affected employee’s billing privileges will be suspended as of the date OLAIC confirms the affected employee is excluded, debarred or designated. UTHS will evaluate if further action must be taken. The Director of UTHS shall be responsible for ensuring that no claims for reimbursement be submitted for that employee until further notification is received from OLAIC.

The affected employee’s billing privileges will not be reinstated and the affected employee will not be returned to clinic schedules until the employee provides sufficient documentation to OLAIC that he/she has been reinstated to all federal/state programs from which he/she was previously excluded and OLAIC has confirmed the documentation. OLAIC will inform the Dean and the Director of UTHS of the results of the confirmation check. UTHS shall not submit any claims for reimbursement for the affected employee until OLAIC has notified the Dean and the Director of UTHS that the affected employee has been reinstated to all federal/state programs from which he/she was previously excluded.

c. Dental Branch

The Associate Dean for Patient Care shall inform the Dean and coordinate with the Director of Patient Services to suspend immediately the billing privileges of the affected employee and to remove the affected employee from all clinic schedules. The affected employee's billing privileges will be suspended as of the date OLAIC confirms the affected employee is excluded, debarred or designated. The Director of Patient Services will evaluate if further action must be taken.  The affected employee's billing privileges will not be reinstated, nor will the affected employee be returned to clinic schedules, until the employee provides sufficient documentation to OLAIC that he/she has been reinstated to all federal/state programs from which he/she was previously excluded and OLAIC has confirmed the documentation. OLAIC will inform the Associate Dean for Patient Care of the results of the confirmation check. The Director of Patient Services shall not submit any claims for reimbursement for the affected employee until the Associate Dean for Patient Care has notified the Director of Patient Services that the affected employee has been reinstated to all federal/state programs from which he/she was previously excluded.

d. School of Public Health

The Dean shall coordinate with the Director of The University of Texas Health Services ("UTHS") to suspend immediately the billing privileges of the affected employee and to remove the affected clinic employee from all clinic schedules. The affected employee's billing privileges will be suspended as of the date OLAIC confirms the affected employee is excluded, debarred or designated. UTHS will evaluate if further action must be taken. The Director of UTHS shall be responsible for ensuring that no claims for reimbursement be submitted for that employee until further notification is received from  OLAIC. The affected employee's billing privileges will not be reinstated and the affected employee will not be returned to clinic schedules until the employee provides sufficient documentation to OLAIC that he/she has been reinstated to all federal/state programs from which he/she was previously excluded and OLAIC has confirmed the documentation. OLAIC will inform the Dean and the Director of UTHS of the results of the confirmation check. UTHS shall not submit any claims for reimbursement for the affected employee until OLAIC has notified the Dean and the Director of UTHS that the affected employee has been reinstated to all federal/state programs from which he/she was previously excluded.

e. The University of Texas Harris County Psychiatric Center (“UTHCPC")

The UTHCPC Director of Financial Operations shall coordinate with the affected employee's clinical supervisor, line supervisor, or administrator to suspend immediately the billing privileges of the affected employee and to remove the affected employee from all clinic schedules. The affected employee's billing privileges will be suspended as of the date OLAIC confirms the affected employee is excluded, debarred or designated. The UTHCPC Director of Financial Operations will evaluate if further action must be taken, including adjustments to the HCPC cost report. The UTHCPC Director of Financial Operations shall ensure that no claims for reimbursement be submitted for that employee until further notice is received from OLAIC.

The affected employee's billing privileges will not be reinstated and the affected employee will not be returned to clinic schedules until the employee provides sufficient documentation to OLAIC that he/she has been reinstated to all federal/state programs from which he/she was previously excluded and OLAIC has confirmed the documentation. OLAIC will inform the UTHCPC Director of Financial Operations of the results of the confirmation check. Neither UTHCPC, nor its third-party billing contractor, shall submit any claims for reimbursement to any state or federal health care program, for the affected employee until OLAIC has notified the UTHCPC Director of Financial Operations that the affected employee has been reinstated to all federal/state programs from which he/she was previously excluded.

11. Employees Who Receive Funds for Research Purposes – Should an employee be confirmed by OLAIC as being excluded, debarred or designated, the appropriate dean, administrator or vice president, in coordination with the Office of Sponsored Projects, shall:
    • determine if the affected employee receives funds for research purposes,
    • determine if the grant providing agency must be notified of the affected employee’s status,
    • determine if any grant funds must be refunded or rebudgeted, and
    • ensure that grant funds are properly expended, refunded or rebudgeted as necessary.

II. Residents Employed by the UT System Medical Foundation

These provisions apply to all Medical School residents, Dental Branch residents enrolled in the Oral & Maxillofacial Surgery residency program, and School of Public Health Occupational Medicine residents. The Office of Graduate Medical Education ("OGME") is responsible for conducting exclusion checks for applicants considered for enrollment in a university residency program who will be considered UT System Medical Foundation employees upon the commencement of their residency program and for residents currently enrolled in university residency programs who are considered UT System Medical Foundation employees in accordance with HOOP Policy 2.13A Exclusion Check.

A. Applicants for Residency Programs

1. If a residency applicant is found to be a potential match, OGME will immediately inform OLAIC in writing. OLAIC will confirm the residency candidate under consideration has been excluded, debarred or designated and will determine the scope of the exclusion, debarment or designation.
2. If OLAIC confirms the match, OLAIC will consult with the Office of International Affairs to determine if the resident is subject to any visa requirements.
3. If OLAIC verifies the listing of the residency candidate, OLAIC will inform the appropriate associate dean and OGME immediately in writing. The appropriate associate dean and the residency program director will rescind the offer of placement to the incoming resident.
4. For a residency candidate to be reconsidered for placement, he/she must provide sufficient documentation to OLAIC of his/her removal from the applicable federal or state list. Upon OLAIC's confirmation of the documentation, the incoming resident candidate may be reconsidered for placement. OLAIC will inform the appropriate associate dean and the OGME of the results of the confirmation check.

B. Residents Currently Enrolled in University Residency Programs

1. If a resident is found to be a potential match, OGME will immediately notify OLAIC in writing. OLAIC will confirm the resident has been excluded, debarred or designated and will determine the scope of the exclusion, debarment or designation.
2. If the match is confirmed, OLAIC will consult with the Office of International Affairs to determine if the resident is subject to any visa requirements.
3. OLAIC will immediately advise the appropriate associate dean and OGME of the necessary actions to be taken. The Chief Operating Officer, the Executive Vice Dean for Clinical Affairs, the appropriate dean, and the Vice President for Institutional Advancement will be copied on this communication.
4. A resident confirmed on an applicable exclusion list will be given a grace period of three working days to provide sufficient documentation to demonstrate mistaken identity. During this grace period, the resident will be suspended with pay. The appropriate associate dean and the residency program director shall immediately advise the affected resident of his/her status in writing. The Chief Operating Officer, the Executive Vice Dean for Clinical Affairs, the appropriate dean and the Vice President for Institutional Advancement will be copied on this communication. During this grace period, the affected resident will be removed from clinical rotation and participation in ongoing research.
5. Upon expiration of the grace period, if the affected resident cannot provide sufficient documentation to demonstrate mistaken identity, appropriate steps will be taken as indicated below.
6. If OLAIC determines the scope of the debarment, exclusion or designation is such that it can be remedied within a reasonable amount of time, the affected resident will be placed on suspension without pay for up to 30 calendar days. The suspension period shall begin on the date notification is sent to the resident. The appropriate associate dean and the residency program director shall immediately advise the affected resident of his/her status in writing. The Chief Operating Officer, Executive Vice Dean for Clinical Affairs, the appropriate dean, the OGME and the Vice President for Institutional Advancement will be copied on this communication.
7. The affected resident may be returned to regular status upon providing sufficient documentation to OLAIC that he/she has been removed from the applicable federal or state list and upon confirmation by OLAIC of the employee’s documentation. OLAIC will inform the appropriate associate dean and the OGME of the results of the confirmation check.
8. If, at the end of the initial 30 calendar day suspension period, the affected resident has not been removed from the applicable list, but the affected resident is able to provide sufficient documentation of his/her efforts to be removed, the appropriate associate dean, in consultation with OLAIC, may approve an additional 30 calendar day suspension without pay period. If, at the end of this second suspension period, the affected resident has not been removed from the applicable list(s), the affected resident's training agreement will be terminated by the appropriate associate dean and the residency program director.
9. If OLAIC determines the scope of the debarment, exclusion or designation is such that it cannot be remedied within a reasonable amount of time, the affected resident's training agreement will be terminated by the appropriate associate dean and the residency program director.

III. Independent Contractors

The Financial Administrative Support Team ("FAST") is responsible for conducting the appropriate exclusion checks for independent contractors maintained by FAST in accordance with HOOP Policy 2.13A Exclusion Check.

A. New Independent Contractors

1. If a new independent contractor is found to be a potential match, FAST will immediately notify OLAIC in writing. OLAIC will confirm the new independent contractor has been excluded, debarred or designated and will determine the scope of the exclusion, debarment or designation.
2. If the match is confirmed, OLAIC will consult with the Office of International Affairs to determine if the independent contractor is subject to any visa requirements.
3. If OLAIC verifies the listing of the new independent contractor, OLAIC will inform FAST in writing. The Executive Vice President, Chief Operating and Financial Officer, the Vice President for Institutional Advancement, the appropriate executive vice president, dean, or vice president and the appropriate department chair or supervisor will be copied on this communication.
4. FAST will not issue a new vendor code for the independent contractor and the university will not do business with the independent contractor if the independent contractor is confirmed as being excluded, debarred or designated.
5. For an independent contractor to be considered re-eligible to do business with the university, the independent contractor must provide sufficient documentation to OLAIC of its removal from the applicable federal or state list. Upon OLAIC’s confirmation of the documentation, the independent contractor may be considered eligible to do business with the university. OLAIC will inform FAST of the results of the confirmation check.

B. Existing Independent Contractors

1. If an independent contractor is found to be a potential match, FAST will immediately notify OLAIC in writing. OLAIC will confirm the independent contractor has been excluded, debarred or designated and will determine the scope of the exclusion, debarment or designation.
2. If the match is confirmed, OLAIC will consult with the Office of International Affairs to determine if the independent contractor is subject to any visa requirements.
3. If OLAIC verifies the listing of the independent contractor, OLAIC will inform FAST in writing. The Chief Operating and Financial Officer, the Vice President for Institutional Advancement, the appropriate executive vice president, dean, or vice president and the appropriate department chair or supervisor will be copied on this communication. FAST will immediately inactivate the vendor code for the independent contractor.
4. If OLAIC determines the scope of the debarment, exclusion or designation is such that it can be remedied within a reasonable amount of time, the affected independent contractor will be given 30 days to effectuate his/her removal from the applicable federal or state list. No payments or reimbursements will be processed to the independent contractor while the vendor code is inactivated except for payments for services provided to the university prior to confirmation of the independent contractor on an applicable exclusion list. The independent contractor will be notified of his/her status in writing by the appropriate executive vice president, dean or vice president.
5. The vendor code for the affected independent contractor may be reactivated upon provision of sufficient documentation to OLAIC by the independent contractor that he/she has been removed from the applicable federal or state list and upon confirmation by OLAIC of the independent contractor's documentation. OLAIC will inform FAST of the results of the confirmation check. The appropriate executive vice president, dean or vice president and the appropriate department chair or head will be copied on this communication.
6. If, at the end of the initial 30 day period, the affected independent contractor has not been removed from the applicable list, but the affected independent contractor is able to provide sufficient documentation of his/her efforts to be removed, OLAIC and the appropriate executive vice president, dean or vice president may allow the independent contractor an additional 30 day period to effectuate his/her removal from the applicable federal or state list. If, at the end of this second 30 day period, the independent contractor has not been removed from the applicable list(s), the independent contractor will no longer be eligible to do business with the university and the vendor code for that independent contractor will remain inactivated.
7. If OLAIC determines the scope of the debarment, exclusion or designation is such that it cannot be remedied within a reasonable amount of time, the affected independent contractor will not be eligible to do business with the university. The university will render payment for services provided to the university by the independent contractor prior to the date of confirmation by the university of the independent contractor on the applicable exclusion list prior to severing the business relationship with the independent contractor. FAST will maintain a log of independent contractors who are ineligible to do business with the university.

IV. Records

Each responsible party must retain documentation demonstrating the appropriate verifications occurred in accordance with HOOP Policy 2.13A Exclusion Check and these guidelines. The documentation includes all documents pertaining to potential and confirmed matches and shall be retained for a period of 5 years.

HOOP Policy 2.13A Exclusion Check