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1128%28a%29%283%29morethan5years

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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
_____ years, because you were convicted of a felony that is described at section
1128(a)(3) of the Social Security Act and because there is evidence that justifies
the length of the exclusion that the I.G. determined to impose.
The issues in this case are whether:
1. The I.G. is required to exclude you; and
2. The length of the exclusion that the I.G. determined to impose is
reasonable.
I. Were you convicted of a felony that was committed after August 21, 1996?
Docket No. C-
-
)
)
)
)
)
)
)
)
)
)
No
Yes
XXX
XX
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 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. Is the length of your exclusion unreasonable? The I.G. argues that the
length of the exclusion that he determined to impose is reasonable. He argues that
there is evidence relating to certain aggravating factors that he says supports the
length of the exclusion.
No
Yes
No
Yes
A. Do you disagree with the I.G.’s identification of aggravating factors
in your case?
If you disagree, state which of the aggravating factors cited by the I.G. you
believe are not present. Explain why you disagree. State which exhibits
support your argument(s) and explain why they do.
B. If you agree that there is/are an aggravating factor or factors
present in your case but believe that the exclusion is nonetheless not
justified by the presence of that factor or factors, explain your reasons
for your argument. State which exhibits support your arguments and
explain why they do.
C. Do you believe that a mitigating factor or factors exist(s) that
support(s) reducing the length of your exclusion (before answering this
question, read the list of potentially mitigating factors that is set forth
at 42 C.F.R. § 1001.102(c))?
No
Yes
No
Yes
If you believe that a mitigating factor or factors exist(s), state what it is/
they are and explain why the presence of the factor or factors should support
reducing the length of your exclusion. State which exhibits support your
argument(s) and explain why they do.
IV. 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:
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, II, and III.
No
Yes
No
Yes
3. An explanation of why the proposed testimony does not duplicate
something that is already stated in an exhibit.
V. 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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