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1128%28a%29%281%29andor%28a%29%283%295years

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1
United States Department of Health and Human Services
DEPARTMENTAL APPEALS BOARD
Civil Remedies Division
In the Case of:
Date:
Petitioner,
- v. -
The Inspector General.
INFORMAL BRIEF OF PETITIONER
The Inspector General (I.G.) argues that he must exclude you from participating in
Medicare, Medicaid, and other federally-funded health care programs for at least five
years, because you were convicted of crimes that are described at section 1128(a)(1)
and/or section 1128(a)(3) of the Social Security Act.
The issue in this case is whether the I.G. is required to exclude you.
I. Were you convicted of a criminal offense AND/OR of a felony that was committed
after August 21, 1996?
A. Do you agree that you were convicted of a criminal offense that was committed
after August 21, 1996?
Docket No. C-
-
)
)
)
)
)
)
)
)
)
)
No
Yes
No
Yes
XXX
XX
2
If you disagree, explain why you disagree. State which exhibits support your
argument and explain why they do.
B. Do you agree that you were convicted of a felony that was committed after
August 21, 1996?
If you disagree, explain why you disagree. State which exhibits support your
argument and explain why they do.
II. Were you convicted of an offense for which exclusion is required?
The I.G. argues that he must exclude you, because:
A. Your conviction was of a criminal offense related to the delivery of an item or
service under Medicare or a State Medicaid program. Do you disagree with the
I.G.’s argument?
If you disagree, explain why you disagree. State which exhibits support your
argument and explain why they do; and/or
Yes
No
Yes
No
3
B. Your conviction was of a felony relating to fraud, theft, embezzlement, breach
of fiduciary responsibility or other financial misconduct that was committed: in
connection with the delivery of a health care item or service; or with respect to any
act or omission in a health care program other than Medicare or a State Medicaid
program operated by, or financed in whole or in part by, any federal, State, or local
government agency.
Do you disagree with the I.G.’s argument?
If you disagree, explain why you disagree. State which exhibits support your
argument and explain why they do.
.
III. Do you believe that an in-person hearing is necessary to decide your case?
Do you have any testimony that you wish to offer at an in-person hearing?
If you have testimony that you wish to offer, provide the following:
No
Yes
No
Yes
No
Yes
4
1. The name of each witness whose testimony you want to offer.
2. A description of each witness’ proposed testimony and an explanation of why
you believe that the testimony relates to any of the arguments you want to offer in
connection with items I and II.
3. An explanation of why the proposed testimony does not duplicate something
that is already stated in an exhibit.
IV. Do you have any other arguments you wish to make? If so, please state them here.
State which exhibits support your argument(s) and explain why they do.
Petitioner or Petitioner’s Representative
Date:
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Completed 3 March 2020

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