(a) The initiating agency authorizes reinstatement if it determines that—

1. (1) The period of exclusion has expired;
2. (2) There are reasonable assurances that the types of actions that formed the basis for the original exclusion did not recur and will not recur; and
3. (3) There is no additional basis under title XVIII of the Act that justifies the continuation of the exclusion.

(c) In making a determination regarding reinstatement, the initiating agency considers the following:

1. (1) Conduct of the excluded person occurring before the date of the notice of the exclusion, if that conduct was not known to the initiating agency at the time of the exclusion;
2. (2) Conduct of the excluded person after the date of the exclusion;
3. (3) Whether all fines and all debts due and owing (including overpayments) to any Federal, State, or local government that relate to Medicare, Medicaid, or, where applicable, any Federal, State, or local health care program are paid in full, or satisfactory arrangements are made to fulfill these obligations;
4. (4) Whether the excluded person complies with, or has made satisfactory arrangements to fulfill, all of the applicable conditions of participation or conditions of coverage under the Medicare statutes and regulations; and
5. (5) Whether the excluded person has, during the period of exclusion, submitted claims, or caused claims to be submitted or payment to be made by Medicare, Medicaid, and, where applicable, any other Federal health care program, for items or services furnished, ordered, or prescribed, and the conditions under which these actions occurred.