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1128%28a%29%283%295years

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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 a felony that is described at 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 felony that was committed after August 21, 1996?
Do you agree that you were convicted of a felony that was committed after August
21, 1996?
Docket No. C-
-
)
)
)
)
)
)
)
)
)
)
No
Yes
No
Yes
XXX
XX
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 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?
No
Yes
No
Yes
No
Yes
If you have testimony that you wish to offer provide the following:
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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