[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1001.2007]



[Page 1166-1167]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1001_PROGRAM INTEGRITY_MEDICARE AND STATE HEALTH CARE PROGRAMS--

 

                      Subpart E_Notice and Appeals

 

Sec.  1001.2007  Appeal of exclusions.



    (a)(1) Except as provided in Sec.  1001.2003, an individual or 

entity excluded under this Part may file a request for a hearing before 

an ALJ only on the issues of whether:

    (i) The basis for the imposition of the sanction exists, and

    (ii) The length of exclusion is unreasonable.

    (2) When the OIG imposes an exclusion under subpart B of this part 

for a period of 5 years, paragraph (a)(1)(ii) of this section will not 

apply.

    (3) The request for a hearing should contain the information set 

forth in Sec.  1005.2(d) of this chapter.

    (b) The excluded individual or entity has 60 days from the receipt 

of notice of exclusion provided for in Sec.  1001.2002 to file a request 

for such a hearing.

    (c) The standard of proof at a hearing is preponderance of the 

evidence.

    (d) When the exclusion is based on the existence of a criminal 

conviction or a civil judgment imposing liability



[[Page 1167]]



by Federal, State or local court, a determination by another Government 

agency, or any other prior determination where the facts were 

adjudicated and a final decision was made, the basis for the underlying 

conviction, civil judgment or determination is not reviewable and the 

individual or entity may not collaterally attack it either on 

substantive or procedural grounds in this appeal.

    (e) The procedures in part 1005 of this chapter will apply to the 

appeal.



[57 FR 3330, Jan. 29, 1992, as amended at 67 FR 11935, Mar. 18, 2002]