DEPARTMENT OF HEALTH&HUMAN SERVICES OFFICE OFINSPECTOR CENERAL Wsshlngton, D.C. 20201 June 12,2009 Union County Medical Center, Inc. 314 N. Third Avenue Clayton, NM 88415-3302 Dear Union County Medical Center, Inc.: Re: OI File Number 6-08-40365-9 By letter of May 29,2009, the office of lnspector General (oIG) notified union county Medical Center, [nc. (hereafter UCMC) that UCMC was being excluded from participation in the Medicare, Medicaid, and all Federal health care programs for a minimum period of 5 years. This action was taken under section 1128(b)(8) of the Social Security Act (Act) because of UCMC's association with Mark E. Van Wormer, M.D. UCMC's exclusion becomes effective June 18, 2009' By letter of June g,2OO9, Carolyn Ingram, Director, Medical Assistance Division, New Mexico Human Services Department, requested a waiver of UCMC's exclusion. Since this request meets the criteria set forth in 42 CFR 1001.1.801(c) and section 1128(dX3XBXD of the Act, we are granting Ms. Ingram's request for a waiver of UCMC's exclusion for items and services UCMC provides under the Medicare, Medicaid, and all Federal health care programs. Since this waiver will become effective on the date UCMC's exclusion becomes effective (i.e., June 18, 2009), there will be no intemrption in UCMC',s ability to submit claims for payment of covered items and services filmished, ordered, or prescribed at ucMC in union county, New Mexico, to Medicare, Medicaid and all Federal health care program benefi ciaries. Page 2 - Union County Medical Center, lnc. This waiver affects onlv items and services orovided at UCMC for as lone as the New Mexico Human Services DeDartment determitres that such need exists. UCMC's exclusion remains in effect for all items and services furnished, ordered or prescribed elsewhere in New Mexico and in all other States. This waiver does not otherwise change ucMC's exclusion; it remains in effect and, as explained in the exclusion notice, UCMC will have to apply for reinstatement at the end of the exclusion period. If UCMC can demonstrate that its association with Mark E. Van Wormer, M.D. no longer supports its exclusion, UCMC may apply for reinstatement prior to the expiration ofthe exclusion period. Sincerely, //ru$k{e' William J. Hughes Reviewing Official Health Care Program Exclusions Office ofCounsel to the Inspector General cc: Special Agent in Charge, Dallas Carolyn Ingram, Director