Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd was in material breach of this CIA and, if so, whether:
a. Good Shepherd cured such breach within 30 days of its receipt of the Notice of Material Breach; or
b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd had begun to take action to cure the material breach; (ii) Good Shepherd pursued such action with due diligence; and (iii) Good Shepherd provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd, only after a DAB decision in favor of OIG. Good Shepherd’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd, Good Shepherd shall be reinstated effective on the date of the original exclusion.
Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Provider was in material breach of this CIA. If the ALJ sustains the OIG’s determination of material breach, the exclusion shall take effect 20 days after the ALJ issues the decision. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Provider shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Provider, Provider shall be reinstated effective on the date of the original exclusion.
Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be:
Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be:
a. whether J&J and/or the J&J Pharmaceutical Affiliate(s) were in material breach of this CIA;
b. whether such breach was continuing on the date of the Exclusion Letter; and
c. whether the alleged material breach could not have been cured within the 30-day period, but that: (i) J&J and/or the J&J Pharmaceutical Affiliate(s) had begun to take action to cure the material breach within that period; (ii) J&J and/or the J&J Pharmaceutical Affiliate(s) has pursued and is pursuing such action with due diligence; and (iii) J&J and/or the J&J Pharmaceutical Affiliate(s) provided to OIG within that period a reasonable timetable for curing the material breach and J&J and/or the J&J Pharmaceutical Affiliate(s) has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for J&J and/or the J&J Pharmaceutical Affiliate(s), only after a DAB decision in favor of OIG. J&J’s and/or a J&J Pharmaceutical Affiliate(s)’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude the J&J Pharmaceutical Affiliate(s) upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that J&J and/or the J&J Pharmaceutical Affiliate(s) may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. J&J and/or the J&J Pharmaceutical Affiliate(s) shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of J&J and/or the J&J Pharmaceutical Affiliate(s), the J&J Pharmaceutical Affiliate(s) shall be reinstated effective on the date of the original exclusion.
Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be:
a. whether RMC was in material breach of this CIA;
b. whether such breach was continuing on the date of the Exclusion Letter; and
c. whether the alleged material breach could not have been cured within the 30-day period, but that: (i) RMC had begun to take action to cure the material breach within that period;
Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be: (a) whether HCA was in material breach of this CIA; (b) whether such breach was continuing on the date of the Exclusion Letter; and (c) whether the alleged material breach could not have been cured within the 30-day period, but that (i) HCA had begun to take action to cure the material breach within that period, (ii) HCA has pursued and is pursuing such action with due diligence, and (iii) HCA provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision that is favorable to the OIG. HCA’s election of its contractual right to appeal to the DAB shall not abrogate the OIG’s authority to exclude HCA and/or any of its subsidiaries upon the issuance of the ALJ’s decision. If the ALJ sustains the determination of the OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that HCA may request review of the ALJ decision by the DAB.
Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether SERA was in material breach of this CIA and, if so, whether:
a. SERA cured such breach within 30 days of its receipt of the Notice of Material Breach; or
b. the alleged material breach could not have been cured within the 30 day period, but that, during the 30 day period following SERA’s receipt of the Notice of Material Breach:
(i) SERA had begun to take action to cure the material breach; (ii) SERA pursued such action with due diligence; and (iii) SERA provided to OIG a reasonable timetable for curing the material breach.
Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Xxxxxxxxxx-Xxxxxxx Xxxxxx was in material breach of this CIA and, if so, whether:
x. Xxxxxxxxxx-Xxxxxxx Xxxxxx cured such breach within 30 days of its receipt of the Notice of Material Breach; or
b. the alleged material breach could not have been cured within the 30 day period, but that, during the 30 day period following Xxxxxxxxxx-Xxxxxxx Xxxxxx’x receipt of the Notice of Material Breach: (i) Xxxxxxxxxx-Xxxxxxx Xxxxxx had begun to take action to cure the material breach; (ii) Xxxxxxxxxx-Xxxxxxx Xxxxxx pursued such action with due diligence; and (iii) Xxxxxxxxxx-Xxxxxxx Xxxxxx provided to OIG a reasonable timetable for curing the material breach. Xxxxxxxxxx–Zwanger Xxxxxx – Corporate Integrity Agreement For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Xxxxxxxxxx-Xxxxxxx Xxxxxx, only after a DAB decision in favor of OIG. Xxxxxxxxxx-Xxxxxxx Xxxxxx’x election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Xxxxxxxxxx-Xxxxxxx Xxxxxx upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Xxxxxxxxxx-Xxxxxxx Xxxxxx may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Xxxxxxxxxx-Xxxxxxx Xxxxxx shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Xxxxxxxxxx- Xxxxxxx Xxxxxx, Xxxxxxxxxx-Xxxxxxx Xxxxxx shall be reinstated effective on the date of the original exclusion.
Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this IA shall be whether Xx. Xxxxxx was in material breach of this IA. If the ALJ sustains the OIG’s determination of material breach, the exclusion shall take effect 20 days after the ALJ issues the decision. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Xx. Xxxxxx shall waive [his/her] right to any notice of such exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Xx. Xxxxxx, Xx. Xxxxxx shall be reinstated effective on the date of the exclusion.
Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be: (a) whether Vencor was in material breach of this CIA; (b) whether such breach was continuing on the date of the Exclusion Letter; and (c) whether the alleged material breach could not be cured within the thirty-five (35) day period, but that: (i) Vencor has begun to take action to cure the material breach; (ii) Vencor is pursuing such action with due diligence; and (iii) Vencor has provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision that is favorable to the OIG. Vencor's election of its contractual right to appeal to the DAB shall not abrogate the OIG's authority to exclude Vencor upon the issuance of the ALJ's decision. If the ALJ sustains the determination of the OIG and determines that exclusion is authorized, such exclusion shall take effect twenty (20) days after the ALJ issues such a decision, notwithstanding that Vencor may request review of the ALJ decision by the DAB.
