[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: 42CFR1003.133]



[Page 1187]

 

                         TITLE 42--PUBLIC HEALTH

 

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

 

PART 1003_CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS--Table 

 

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]