In addition to excluded participants, exclusion applies to:
(1)
- (A) All the participant's related parties, and the heirs and assigns of the participants and related parties.
- (B) Whether a related party should be excluded or prevented from being a substitute in place of an excluded person or entity will be based on the specific facts of the exclusion and the relationship between the related parties as determined by the Department of Human Services or the Office of Medicaid Inspector General; and
(2)
- (A) The participant's immediate family members, in order to prevent continued wrongdoing via a surrogate.
(B) Generally, immediate family members will be excluded from participation in:
- (i) Any entity to which the excluded participant was a related party;
- (ii) Any successor entity; or
- (iii) A start-up entity in the same or a similar program.