CMS Exclusion Authority Without a Conviction: 2026 Delegation

On October 14, 2026, HHS delegated Section 1128(b) permissive exclusion authority to the CMS Administrator. CMS can now exclude providers from every federal health care program on claims data alone, with no conviction and no referral to OIG. Former DOJ Fraud Section prosecutors explain the grounds, the 30-day notice of intent response, the ALJ appeal, reinstatement, and four defense points the early commentary has missed.