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Title 42: Public Health
CHAPTER IV: CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER A: GENERAL PROVISIONS
PART 402: CIVIL MONEY PENALTIES, ASSESSMENTS, AND EXCLUSIONS
Subpart A: General Provisions
402.15 - Collateral estoppel.(a) When a final determination that the respondent presented or caused to be presented a claim or request for payment falling within the scope of ? 402.1 has been rendered in any proceeding in which the respondent was a party and had an opportunity to be heard, the respondent is bound by that determination in any proceeding under this part.
(b) A person who has been convicted (whether upon a verdict after trial or upon a plea of guilty or nolo contendere) of a Federal crime charging fraud or false statements is barred from denying the essential elements of the criminal offense if the proceedings under this part involve the same transactions.
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