42 C.F.R. §1001.102 - Length of exclusion

Cite as42 C.F.R. §1001.102
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13 cases
  • Fuentes v. Azar, Case No. 19-cv-1965 (APM)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • June 17, 2020
    ...crimes is five years, id. § 1320a-7(c)(3)(B), and the Inspector General may lengthen that period based on aggravating factors, see 42 C.F.R. § 1001.102(b).An individual whom the Inspector General excludes may request a hearing before an administrative law judge ("ALJ") in the Civil Remedies......
  • Lasher v. Dep't of Health & Human Servs., Civil Action No. 17-1746 (ABJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 27, 2019
    ...See 42 U.S.C. § 1320a-7(c), (f)(1).The mandatory exclusion period lasts a minimum of five years. 42 U.S.C. § 1320a-7(c)(3)(B) ; 42 C.F.R. § 1001.102(a). However, if aggravating factors are found, the IG may extend the mandatory exclusion period. See 42 C.F.R. § 1001.102(b). Aggravating fact......
  • Patel v. Shalala, 3:97CV-312-M.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • June 24, 1998
    ...the regulations permit the Secretary to increase the duration of the exclusion if specified aggravating factors are found to exist. 42 C.F.R. § 1001.102(b). If the Secretary increases the duration of the exclusion based upon the existence of one or more aggravating factors, the party challe......
  • Begum v. Hargan, 16 CV 9624
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • November 21, 2017
    ...mandatory minimum period of five years was extended by three additional years based on evidence of two aggravating factors: 1) under 42 C.F.R. § 1001.102(b)(2), the acts resulting in the conviction occurred over a period of one year or more; and 2) under 42 C.F.R. § 1001.102(b)(5), the sent......
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1 firm's commentaries
  • New Proposed Rules Significantly Expand OIG's Exclusion Power
    • United States
    • JD Supra United States
    • May 16, 2014
    ...Rule increases the financial loss aggravating factor to $15,000 and removes the aggravating factor related to overpayments (42 C.F.R. § 1001.102(b)(7)) because it is duplicative of § 1001.102(b)(1), which provides for an increase in the exclusion period for causing a financial loss to a gov......

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