The OIG has issued a new guidance document entitled "Guidance for Implementing Permissive Exclusion Authority under Section 1128(b)(15) of the Social Security Act." The document sets forth non-binding factors the OIG will consider in assessing whether to impose permissive exclusion in accordance with section 1128(b)(15)(A)(ii), which authorizes OIG to exclude any officer or managing employee of an entity that has been excluded or has been convicted of certain offenses. In general, if the evidence supports a finding that an owner, officer, or managing employee knew or should have known of conduct that was the basis of the sanction, OIG will operate with a presumption in favor of exclusion, which may be overcome when OIG finds that significant factors weigh against exclusion. The factors, which are discussed in greater detail in the guidance, involve: circumstances of the misconduct and seriousness of the offense; the individual’s role in sanctioned entity; the individual’s actions in response to the misconduct; and other information about the entity.