28 C.F.R. § 15.12

Current through October 31, 2024

Section 15.12 - Definitions

As used in this subpart:

Adjudicating official means the Assistant Attorney General for the Civil Division of the Department of Justice or a designee of the Assistant Attorney General.

Entity means an entity described in 42 U.S.C. 233(g)(4) .

Individual means an individual physician or other licensed or certified health care practitioner who is or was an officer, employee, or contractor of an entity described in 42 U.S.C. 233(g)(4) ; a health professional, officer, employee, or contractor of a free clinic as described in 42 U.S.C. 233(o) ; or a health professional volunteer as described in 42 U.S.C. 233(q) .

Initiating official means a Deputy Assistant Attorney General of the Civil Division of the Department of Justice or a designee of a Deputy Assistant Attorney General.

Parties means an individual, as defined in paragraph (c) of this section, and the initiating official, as defined in paragraph (d) of this section.

Public Health Service means the Public Health Service or an operating division or component of the Public Health Service.

Secretary means the Secretary of Health and Human Services or the Secretary's designee.

Unreasonably high degree of risk of loss is a determination based on consideration of one or more of the following statutory criteria-

(1) The individual does not comply with the policies and procedures that the entity or the sponsoring free clinic has implemented pursuant to 42 U.S.C. 233(h)(1) ;

(2) The individual has a history of claims filed against him or her as provided for under 42 U.S.C. 233 that is outside the norm for licensed or certified health care practitioners within the same specialty;

(3) The individual refused to reasonably cooperate with the Attorney General in defending against any such claim;

(4) The individual provided false information relevant to the individual's performance of his or her duties to the Secretary, the Attorney General, or an applicant for or recipient of funds under title 42, chapter 6A, United States Code; or

(5) The individual was the subject of disciplinary action taken by a State medical licensing authority or a State or national professional society.

28 C.F.R. §15.12

89 FR 55517 , 8/5/2024