[Code of Federal Regulations]
[Title 42, Volume 3]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR1003.133]

[Page 1163]
 
                         TITLE 42--PUBLIC HEALTH
 
                     CHAPTER V--OFFICE OF INSPECTOR
                          GENERAL--HEALTH CARE,
                        DEPARTMENT OF HEALTH AND
                             HUMAN SERVICES
 
PART 1003--CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS--Table of Contents
 
Sec. 1003.133  Statistical sampling.

    (a) In meeting the burden of proof set forth in Sec. 1005.15, the 
Inspector General may introduce the results of a statistical sampling 
study as evidence of the number and amount of claims and/or requests for 
payment as described in Sec. 1003.102 that were presented or caused to 
be presented by respondent. Such a statistical sampling study, if based 
upon an appropriate sampling and computed by valid statistical methods, 
shall constitute prima facie evidence of the number and amount of claims 
or requests for payment as described in Sec. 1003.102.
    (b) Once the Inspector General has made a prima facie case as 
described in paragraph (a) of this section, the burden of production 
shall shift to respondent to produce evidence reasonably calculated to 
rebut the findings of the statistical sampling study. The Inspector 
General will then be given the opportunity to rebut this evidence.

[51 FR 34777, Sept. 30, 1986, as amended at 57 FR 3349, Jan. 29, 1992]