Common use of Exclusion Review Clause in Contracts

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 be: a. whether Good Shepherd GSK was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand GlaxoSmithKline LLC Corporate Integrity Agreement b. c. whether 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 GSK had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd GSK has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd GSK provided to OIG within that period a reasonable timetable for curing the material breachbreach and GSK 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 Good ShepherdGSK, only after a DAB decision in favor of OIG. Good ShepherdGSK’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd GSK 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 GSK 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 GSK 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 ShepherdGSK, Good Shepherd GSK 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 be: a. whether Good Shepherd Extendicare was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Extendicare had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Extendicare pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Extendicare provided to OIG within that period a reasonable timetable for curing the material breachbreach and Extendicare 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 Good ShepherdExtendicare, only after a DAB decision in favor of OIG. Good ShepherdExtendicare’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Extendicare 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 Extendicare 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 Extendicare 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 ShepherdExtendicare, Good Shepherd Extendicare 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 Good Shepherd Progenity was in material breach of this CIA and, if so, whether: a. Good Shepherd Progenity 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdProgenity’s receipt of the Notice of Material Breach: (i) Good Shepherd Progenity had begun to take action to cure the material breach; (ii) Good Shepherd Progenity pursued such action with due diligence; and (iii) Good Shepherd Progenity 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 ShepherdProgenity, only after a DAB decision in favor of OIG. Good ShepherdProgenity’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Progenity 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 Progenity 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 Progenity 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 ShepherdProgenity, Good Shepherd Progenity 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 be: a. whether Good Shepherd Halifax was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Halifax had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Halifax has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Halifax provided to OIG within that period a reasonable timetable for curing the material breachbreach and Halifax 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 Good ShepherdHalifax, only after a DAB decision in favor of OIG. Good ShepherdHalifax’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Halifax 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 Halifax 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 Halifax 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 ShepherdHalifax, Good Shepherd Halifax 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 Good Shepherd Arc was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd Arc cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdXxx’s receipt of the Notice of Material Breach: (i) Good Shepherd Arc had begun to take action to cure the material breach; (ii) Good Shepherd Arc pursued such action with due diligence; and (iii) Good Shepherd Arc provided to OIG a reasonable timetable for curing the material breach. 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 ShepherdArc, only after a DAB decision in favor of OIG. Good ShepherdArc’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Arc 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 Arc 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 Arc 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 ShepherdArc, Good Shepherd Arc 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 be: a. whether Good Shepherd Gambro was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Gambro had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Gambro has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Gambro provided to OIG within that period a reasonable timetable for curing the material breachbreach and Gambro 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 Good ShepherdGambro, only after a DAB decision in favor of OIG. Good ShepherdGambro’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Gambro 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 Gambro 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 Gambro 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 ShepherdGambro, Good Shepherd Gambro 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 Good Shepherd Indivior was in material breach of this CIA and, if so, whether: a. Good Shepherd Indivior 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdIndivior’s receipt of the Notice of Material Breach: : (i) Good Shepherd Indivior had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Indivior pursued such action with due diligence; and (iii) Good Shepherd Indivior 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 favorable to OIG, or, if the ALJ rules for Good ShepherdIndivior, only after a DAB decision in favor of OIG. Good ShepherdIndivior’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Indivior 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 Indivior 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 Indivior 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 ShepherdIndivior, Good Shepherd Indivior 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 be: a. whether Good Shepherd Parkland was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Parkland had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Parkland has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Parkland provided to OIG within that period a reasonable timetable for curing the material breachbreach and Parkland 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 Good ShepherdParkland, only after a DAB decision in favor of OIG. Good ShepherdParkland’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Parkland 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 Parkland 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 Parkland 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 ShepherdParkland, Good Shepherd Parkland 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 Good Shepherd Post Acute Medical was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd Post Acute Medical 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdPost Acute Medical’s receipt of the Notice of Material Breach: (i) Good Shepherd Post Acute Medical had begun to take action to cure the material breach; (ii) Good Shepherd Post Acute Medical pursued such action with due diligence; and (iii) Good Shepherd Post Acute Medical 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 ShepherdPost Acute Medical, only after a DAB decision in favor of OIG. Good ShepherdPost Acute Medical’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Post Acute Medical 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 Post Acute Medical 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 Post Acute Medical 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 ShepherdPost Acute Medical, Good Shepherd Post Acute Medical shall be reinstated effective on the date of the original exclusion.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 IA shall be whether Good Shepherd Practitioner was in material breach of this CIA IA and, if so, whether: a. Good Shepherd Practitioner 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdPractitioner’s receipt of the Notice of Material Breach: (i) Good Shepherd Practitioner had begun to take action to cure the material breach; (ii) Good Shepherd Practitioner pursued such action with due diligence; and (iii) Good Shepherd Practitioner 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 ShepherdPractitioner, only after a DAB decision in favor of OIG. Good ShepherdPractitioner’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Practitioner 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 Practitioner 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 Practitioner shall waive its his 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 ShepherdPractitioner, Good Shepherd Practitioner 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 Good Shepherd was the Friendship Entities were in material breach of this CIA and, if so, whether: a. Good Shepherd the Friendship Entities cured such breach within 30 days of its their receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s the Friendship Entities’ receipt of the Notice of Material Breach: (i) Good Shepherd the Friendship Entities had begun to take action to cure the material breach; (ii) Good Shepherd the Friendship Entities pursued such action with due diligence; and (iii) Good Shepherd the Friendship Entities 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 Shepherdthe Friendship Entities, only after a DAB decision in favor of OIG. Good Shepherd’s The Friendship Entities’ election of its their contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd the Friendship Entities 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 the Friendship Entities 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 The Friendship Entities shall waive its their 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 Shepherdthe Friendship Entities, Good Shepherd the Friendship Entities 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 Good Shepherd UHS was in material breach of this CIA and, if so, whether: a. Good Shepherd UHS 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 ShepherdUHS’s receipt of the Notice of Material Breach: (i) Good Shepherd UHS had begun to take action to cure the material breach; (ii) Good Shepherd UHS pursued such action with due diligence; and (iii) Good Shepherd UHS 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 ShepherdUHS, only after a DAB decision in favor of OIG. Good ShepherdUHS’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd UHS 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 UHS 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 UHS 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 ShepherdUHS, Good Shepherd UHS 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 Good Shepherd Indivior was in material breach of this CIA and, if so, whether: a. Good Shepherd (a) Indivior cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. (b) the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdIndivior’s receipt of the Notice of Material Breach: : (i) Good Shepherd Indivior had begun to take action to cure the material breach; breach within that period; (ii) Good Shepherd Indivior pursued such action with due diligence; and and (iii) Good Shepherd Indivior 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 favorable to OIG, or, if the ALJ rules for Good ShepherdIndivior, only after a DAB decision in favor of OIG. Good ShepherdIndivior’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Indivior 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 Indivior 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 Indivior 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 ShepherdXxxxxxxx, Good Shepherd Indivior 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 be: a. whether Good Shepherd Xxxxxxxx was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Xxxxxxxx had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Xxxxxxxx has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Xxxxxxxx provided to OIG within that period a reasonable timetable for curing the material breachbreach and Xxxxxxxx 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 Good ShepherdXxxxxxxx, only after a DAB decision in favor of OIG. Good Shepherd’s Xxxxxxxx’x election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Xxxxxxxx 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 Xxxxxxxx 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 Xxxxxxxx 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 ShepherdXxxxxxxx, Good Shepherd Xxxxxxxx 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 be: a. whether Good Shepherd KDMC was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 KDMC had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd KDMC has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd KDMC provided to OIG within that period a reasonable timetable for curing the material breachbreach and KDMC 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 Good ShepherdKDMC, only after a DAB decision in favor of OIG. Good ShepherdKDMC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd KDMC 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 KDMC 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 KDMC 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 ShepherdKDMC, Good Shepherd KDMC 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 Good Shepherd Rehab was in material breach of this CIA and, if so, whether: a. Good Shepherd Rehab 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 ShepherdXxxxx’s receipt of the Notice of Material Breach: : (i) Good Shepherd Rehab had begun to take action to cure the material breach; (ii) Good Shepherd Rehab has pursued such action with due diligence; and (iii) Good Shepherd Rehab provided to OIG a reasonable timetable for curing the material breachbreach and Rehab 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 Good ShepherdRehab, only after a DAB decision in favor of OIG. Good ShepherdRehab’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Rehab 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 Rehab 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 Rehab 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 ShepherdRehab, Good Shepherd Rehab 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 be: a. whether Good Shepherd AstraZeneca was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 AstraZeneca had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd AstraZeneca has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd AstraZeneca provided to OIG within that period a reasonable timetable for curing the material breachbreach and AstraZeneca 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 Good ShepherdAstraZeneca, only after a DAB decision in favor of OIG. Good ShepherdAstraZeneca’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd AstraZeneca 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 AstraZeneca may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision Corporate Integrity Agreement AstraZeneca adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd AstraZeneca 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 ShepherdAstraZeneca, Good Shepherd AstraZeneca 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 Good Shepherd CCH was in material breach of this CIA and, if so, whether: a. Good Shepherd CCH 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 ShepherdCCH’s receipt of the Notice of Material Breach: (i) Good Shepherd CCH had begun to take action to cure the material breach; (ii) Good Shepherd CCH pursued such action with due diligence; and (iii) Good Shepherd CCH 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 ShepherdCCH, only after a DAB decision in favor of OIG. Good ShepherdCCH’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd CCH 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 CCH 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 CCH shall waive its right rights 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 ShepherdCCH, Good Shepherd CCH 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 Good Shepherd Dignity Health was in material breach of this CIA and, if so, whether: a. Good Shepherd Dignity Health 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 ShepherdDignity Health’s receipt of the Notice of Material Breach: (i) Good Shepherd Dignity Health had begun to take action to cure the material breach; (ii) Good Shepherd Dignity Health pursued such action with due diligence; and (iii) Good Shepherd Dignity Health 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 ShepherdDignity Health, only after a DAB decision in favor of OIG. Good ShepherdDignity Health’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Dignity Health 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 Dignity Health 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 Dignity Health 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 ShepherdDignity Health, Good Shepherd Dignity Health 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 be: a. whether Good Shepherd Ensign Group was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Ensign Group had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Ensign Group has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Ensign Group provided to OIG within that period a reasonable timetable for curing the material breachbreach and Ensign Group 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 Good ShepherdEnsign Group, only after a DAB decision in favor of OIG. Good ShepherdEnsign Group’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Ensign Group 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 Ensign Group 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 Ensign Group 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 ShepherdEnsign Group, Good Shepherd Ensign Group 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 Good Shepherd Orbit was in material breach of this CIA and, if so, whether: a. Good Shepherd Orbit 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 or the 30-day period, but that, during the 30-day period following Good ShepherdOrbit’s receipt of the Notice of Material Breach: (i) Good Shepherd Orbit had begun to take action to cure the material breach; (ii) Good Shepherd Orbit has pursued such action with due diligence; and (iii) Good Shepherd Orbit provided to OIG a reasonable timetable for curing the material breachbreach and Orbit 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 Good ShepherdOrbit, only after a DAB decision in favor of OIG. Good ShepherdOrbit’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Orbit 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 Orbit 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 Orbit 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 ShepherdOrbit, Good Shepherd Orbit 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 be: a. whether Good Shepherd LHC was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 LHC had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd LHC has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd LHC provided to OIG within that period a reasonable timetable for curing the material breachbreach and LHC 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 Good ShepherdLHC, only after a DAB decision in favor of OIG. Good ShepherdLHC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd LHC 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 LHC 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 LHC 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 ShepherdLHC, Good Shepherd LHC 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 be: a. whether Good Shepherd Orthofix was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Orthofix had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Orthofix has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Orthofix provided to OIG within that period a reasonable timetable for curing the material breachbreach and Orthofix 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 Good ShepherdOrthofix, only after a DAB decision in favor of OIG. Good ShepherdOrthofix’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Orthofix 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 Orthofix 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 Orthofix 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 ShepherdOrthofix, Good Shepherd Orthofix 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 be: a. whether Good Shepherd CHSI was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 CHSI had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd CHSI has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd CHSI provided to OIG within that period a reasonable timetable for curing the material breachbreach and CHSI 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 Good ShepherdCHSI, only after a DAB decision in favor of OIG. Good ShepherdCHSI’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd CHSI 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 CHSI 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 Community Health Systems, Inc. Corporate Integrity Agreement exclusion shall take effect 20 days after the DAB decision. Good Shepherd CHSI 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 ShepherdCHSI, Good Shepherd CHSI 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 Good Shepherd Healogics was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd Healogics cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Healogics’ receipt of the Notice of Material Breach: (i) Good Shepherd Healogics had begun to take action to cure the material breach; (ii) Good Shepherd Healogics pursued such action with due diligence; and (iii) Good Shepherd Healogics provided to OIG a reasonable timetable for curing the material breach. 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 ShepherdHealogics, only after a DAB decision in favor of OIG. Good Shepherd’s Healogics’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Healogics 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 Healogics 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 Healogics 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 ShepherdHealogics, Good Shepherd Healogics 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 Good Shepherd Genova was in material breach of this CIA and, if so, whether: a. Good Shepherd x. 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdGenova’s receipt of the Notice of Material Breach: : (i) Good Shepherd Genova had begun to take action to cure the material breach; (ii) Good Shepherd Genova pursued such action with due diligence; and (iii) Good Shepherd Genova 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 ShepherdGenova, only after a DAB decision in favor of OIG. Good ShepherdGenova’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Genova 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 Genova 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 Genova 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 ShepherdGenova, Good Shepherd Genova 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 IA shall be whether Good Shepherd Dr. Uradu and UTC was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd Dr. Uradu and UTC 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdDr. Uradu and UTC’s receipt of the Notice of Material Breach: (i) Good Shepherd Dr. Uradu and UTC had begun to take action to cure the material breach; (ii) Good Shepherd Dr. Uradu and UTC pursued such action with due diligence; and (iii) Good Shepherd Dr. Uradu and UTC 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 ShepherdDr. Uradu and UTC, only after a DAB decision in favor of OIG. Good ShepherdDr. Uradu and UTC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Dr. Uradu and UTC 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 Dr. Uradu and UTC 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 Dr. Uradu and UTC shall waive its [his/her] 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 ShepherdDr. Uradu and UTC, Good Shepherd Dr. Uradu and UTC 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 Good Shepherd Aegerion was in material breach of this CIA and, if so, whether: a. Good Shepherd Aegerion 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdAegerion’s receipt of the Notice of Material Breach: (i) Good Shepherd Aegerion had begun to take action to cure the material breach; (ii) Good Shepherd Aegerion pursued such action with due diligence; and (iii) Good Shepherd Aegerion 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 ShepherdAegerion, only after a DAB decision in favor of OIG. Good ShepherdAegerion’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Aegerion 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 Aegerion 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 Aegerion 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 ShepherdAegerion, Good Shepherd Aegerion 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 Good Shepherd 21st Century was in material breach of this CIA and, if so, whether: a. Good Shepherd 21st Century 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 30-30 day period, but that, during the 30-30 day period following Good Shepherd21st Century’s receipt of the Notice of Material Breach: (i) Good Shepherd 21st Century had begun to take action to cure the material breach; (ii) Good Shepherd 21st Century pursued such action with due diligence; and (iii) Good Shepherd 21st Century 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 Shepherd21st Century, only after a DAB decision in favor of OIG. Good Shepherd21st Century’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd 21st Century 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 21st Century 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 21st Century 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 Shepherd21st Century, Good Shepherd 21st Century 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 be: a. whether Good Shepherd Vanguard was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Vanguard had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Vanguard has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Vanguard provided to OIG within that period a reasonable timetable for curing the material breachbreach and Vanguard 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 Good ShepherdVanguard, only after a DAB decision in favor of OIG. Good ShepherdVanguard’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Vanguard 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 Vanguard 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 Vanguard 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 ShepherdVanguard, Good Shepherd Vanguard 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 IA shall be whether Good Shepherd Xxxx Clinic was in material breach of this CIA IA and, if so, whether: a. Good Shepherd x. Xxxx Clinic 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdXxxx Clinic’s receipt of the Notice of Material Breach: (i) Good Shepherd Xxxx Clinic had begun to take action to cure the material breach; (ii) Good Shepherd Xxxx Clinic pursued such action with due diligence; and (iii) Good Shepherd Xxxx Clinic 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 ShepherdXxxx Clinic, only after a DAB decision in favor of OIG. Good ShepherdXxxx Clinic’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Xxxx Clinic 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 Xxxx Clinic 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 Xxxx Clinic 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 ShepherdXxxx Clinic, Good Shepherd Xxxx Clinic 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 be: a. whether Good Shepherd Kai Heart was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Kai Heart had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Kai Heart has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Kai Heart provided to OIG within that period a reasonable timetable for curing the material breachbreach and Kai Heart 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 Good ShepherdXxx Xxxxx, only after a DAB decision in favor of OIG. Good ShepherdKai Heart’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Kai Heart 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 Xxx Xxxxx 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 Kai Heart 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 ShepherdXxx Xxxxx, Good Shepherd Xxx Xxxxx 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 Good Shepherd VITAS was in material breach of this CIA and, if so, whether: a. Good Shepherd VITAS 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 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s VITAS' receipt of the Notice of Material Breach: (i) Good Shepherd VITAS had begun to take action to cure the material breach; (ii) Good Shepherd VITAS pursued such action with due diligence; and (iii) Good Shepherd VITAS 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 ShepherdVITAS, only after a DAB decision in favor of OIG. Good Shepherd’s VITAS' election of its contractual right to appeal to the DAB shall not abrogate OIG’s 's authority to exclude Good Shepherd VITAS upon the issuance of an ALJ’s '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 VITAS 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 VITAS 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 ShepherdVITAS, Good Shepherd VITAS 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 Good Shepherd SpecialCare was in material breach of this CIA and, if so, whether: a. Good Shepherd SpecialCare 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 ShepherdSpecialCare’s receipt of the Notice of Material Breach: (i) Good Shepherd SpecialCare had begun to take action to cure the material breach; (ii) Good Shepherd SpecialCare pursued such action with due diligence; and (iii) Good Shepherd SpecialCare 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 ShepherdSpecialCare, only after a DAB decision in favor of OIG. Good ShepherdSpecialCare’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd SpecialCare 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 SpecialCare 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 SpecialCare 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 ShepherdSpecialCare, Good Shepherd SpecialCare 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 Good Shepherd Xxxxxx was in material breach of this CIA and, if so, whether: a. Good Shepherd x. 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 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Xxxxxx’x receipt of the Notice of Material Breach: : (i) Good Shepherd Xxxxxx had begun to take action to cure the material breach; (ii) Good Shepherd Xxxxxx pursued such action with due diligence; and (iii) Good Shepherd Xxxxxx 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 ShepherdXxxxxx, only after a DAB decision in favor of OIG. Good Shepherd’s Xxxxxx’x election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Xxxxxx upon the issuance of an ALJ’s decision in favor of OIGXXX. 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 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. Good Shepherd 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 Good ShepherdXxxxxx, Good Shepherd 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 CIA shall be whether Good Shepherd RMS was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd RMS 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdRMS’s receipt of the Notice of Material Breach: (i) Good Shepherd RMS had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd RMS pursued such action with due diligence; and (iii) Good Shepherd RMS 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 favorable to OIG, or, if the ALJ rules for Good ShepherdRMS, only after a DAB decision in favor of OIG. Good ShepherdRMS’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd RMS 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 RMS 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 RMS 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 ShepherdRMS, Good Shepherd RMS 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 be: a. whether Good Shepherd Walgreens was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Walgreens had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Walgreens has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Walgreens provided to OIG within that period a reasonable timetable for curing the material breachbreach and Walgreens 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 Good ShepherdWalgreens, only after a DAB decision in favor of OIG. Good ShepherdWalgreens’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Walgreens 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 Walgreens 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 Walgreens 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 ShepherdWalgreens, Good Shepherd Walgreens 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 be: a. whether Good Shepherd Allegiance was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Allegiance had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Allegiance has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Allegiance provided to OIG within that period a reasonable timetable for curing the material breachbreach and Allegiance 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 Good ShepherdAllegiance, only after a DAB decision in favor of OIG. Good ShepherdAllegiance’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Allegiance 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 Allegiance 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 Allegiance 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 ShepherdAllegiance, Good Shepherd Allegiance 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 be: a. whether Good Shepherd Daiichi was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Daiichi had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Daiichi has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Daiichi provided to OIG within that period a reasonable timetable for curing the material breachbreach and Daiichi 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 Good ShepherdDaiichi, only after a DAB decision in favor of OIG. Good ShepherdDaiichi’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Daiichi 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 Daiichi 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 Daiichi 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 ShepherdDaiichi, Good Shepherd Daiichi 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 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 whether Good Shepherd Southern States was in material breach of this CIA and, if so, whether: a. Good Shepherd Southern States 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 Southern States’ receipt of the Notice of Material Breach: (i) Good Shepherd Southern States had begun to take action to cure the material breach; (ii) Good Shepherd Southern States pursued such action with due diligence; and (iii) Good Shepherd Southern States 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 ShepherdSouthern States, only after a DAB decision in favor of OIG. Good Shepherd’s Southern States’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Southern States 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 Southern States 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 Southern States 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 ShepherdSouthern States, Good Shepherd Southern States 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 IA shall be whether Good Shepherd Xxxxxxx was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd x. Xxxxxxx cured such breach within 30 days of its his receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Xxxxxxx’x receipt of the Notice of Material Breach: (i) Good Shepherd Xxxxxxx had begun to take action to cure the material breach; (ii) Good Shepherd Xxxxxxx pursued such action with due diligence; and (iii) Good Shepherd Xxxxxxx 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 ShepherdXxxxxxx, only after a DAB decision in favor of OIG. Good Shepherd’s Xxxxxxx’x election of its his contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Xxxxxxx 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 Xxxxxxx 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 Xxxxxxx shall waive its his 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 ShepherdXxxxxxx, Good Shepherd Xxxxxxx 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 Good Shepherd Taro was in material breach of this CIA and, if so, whether: a. Good Shepherd Taro cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdXxxx’s receipt of the Notice of Material Breach: (i) Good Shepherd Taro had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Taro pursued such action with due diligence; and (iii) Good Shepherd Taro provided to OIG within that period a reasonable timetable for curing the material breach. 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 ShepherdTaro, only after a DAB decision in favor of OIG. Good ShepherdTaro’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Taro 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 Xxxx 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 Taro 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 ShepherdXxxx, Good Shepherd Xxxx 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 IA shall be whether Good Shepherd GLML was in material breach of this CIA IA and, if so, whether: a. Good Shepherd GLML 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdGLML’s receipt of the Notice of Material Breach: : (i) Good Shepherd GLML had begun to take action to cure the material breach; (ii) Good Shepherd GLML pursued such action with due diligence; and (iii) Good Shepherd GLML 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 ShepherdGLML, only after a DAB decision in favor of OIG. Good ShepherdGLML’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd GLML 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 GLML 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 GLML 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 ShepherdGLML, Good Shepherd GLML 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 Good Shepherd OCOM was in material breach of this CIA and, if so, whether: a. Good Shepherd OCOM 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdOCOM’s receipt of the Notice of Material Breach: : (i) Good Shepherd OCOM had begun to take action to cure the material breach; (ii) Good Shepherd OCOM pursued such action with due diligence; and (iii) Good Shepherd OCOM 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 ShepherdOCOM, only after a DAB decision in favor of OIG. Good ShepherdOCOM’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd OCOM 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 OCOM 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 OCOM 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 ShepherdOCOM, Good Shepherd OCOM 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 IA shall be whether Good Shepherd TAF was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd TAF 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdTAF’s receipt of the Notice of Material Breach: (i) Good Shepherd TAF had begun to take action to cure the material breach; (ii) Good Shepherd TAF pursued such action with due diligence; and (iii) Good Shepherd TAF 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 ShepherdTAF, only after a DAB decision in favor of OIG. Good ShepherdTAF’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd TAF 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 TAF 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 TAF 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 ShepherdTAF, Good Shepherd TAF 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 Good Shepherd Mercy or MHM was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd Mercy or MHM 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdMercy’s or MHM’s receipt of the Notice of Material Breach: (i) Good Shepherd Mercy or MHM had begun to take action to cure the material breach; (ii) Good Shepherd Mercy or MHM pursued such action with due diligence; and (iii) Good Shepherd Mercy or MHM 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 ShepherdMercy or MHM, only after a DAB decision in favor of OIG. Good ShepherdMercy’s or MHM’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Mercy or MHM 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 Mercy or MHM 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 Mercy and MHM shall waive its right their respective rights 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 ShepherdMercy, Good Shepherd Xxxxx shall be reinstated effective on the date of the original Mercy exclusion. If the DAB finds in favor of MHM, MHM shall be reinstated effective on the date of the original MHM 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 Good Shepherd Sava was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd x. Xxxx cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good ShepherdSava’s receipt of the Notice of Material Breach: (i) Good Shepherd Sava had begun to take action to cure the material breach; (ii) Good Shepherd Sava pursued such action with due diligence; and (iii) Good Shepherd Sava provided to OIG a reasonable timetable for curing the material breach. 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 ShepherdSava, only after a DAB decision in favor of OIG. Good ShepherdSava’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Sava 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 Sava 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 Sava 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 ShepherdSava, Good Shepherd Sava 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 IA shall be whether Good Shepherd Xxxxxx was in material breach of this CIA IA and, if so, whether: a. Good Shepherd x. 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 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Xxxxxx’x receipt of the Notice of Material Breach: : (i) Good Shepherd Xxxxxx had begun to take action to cure the material breach; (ii) Good Shepherd Xxxxxx pursued such action with due diligence; and (iii) Good Shepherd Xxxxxx 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 ShepherdXxxxxx, only after a DAB decision in favor of OIG. Good Shepherd’s Xxxxxx’x election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Norman 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 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. Good Shepherd Xxxxxx X. Xxxxxx, D.O., Xxxxx Xxxxxx, Dermatology Healthcare, LLC, and Xxxxxx X. Xxxxxx, D.O., P.A. shall waive its their 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 ShepherdXxxxxx, Good Shepherd 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 CIA IA shall be whether Good Shepherd Xxxxxx was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd Xxxxxx cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdHanora’s receipt of the Notice of Material Breach: Breach:‌ (i) Good Shepherd Xxxxxx had begun to take action to cure the material breach; (ii) Good Shepherd Xxxxxx pursued such action with due diligence; and (iii) Good Shepherd Xxxxxx 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 ShepherdXxxxxx, only after a DAB decision in favor of OIG. Good ShepherdHanora’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Hanora 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 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. Good Shepherd 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 Good ShepherdXxxxxx, Good Shepherd Xxxxxx shall be reinstated effective on the date of the original exclusion.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 be: a. whether Good Shepherd Maximus was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Maximus had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Maximus has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Maximus provided to OIG within that period a reasonable timetable for curing the material breachbreach and Maximus 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 Good ShepherdMaximus, only after a DAB decision in favor of OIG. Good Shepherd’s Maximus’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Maximus 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 Maximus 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 Maximus 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 ShepherdMaximus, Good Shepherd Maximus 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 Good Shepherd Family Dermatology was in material breach of this CIA and, if so, whether: a. Good Shepherd Family Dermatology 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 ShepherdFamily Dermatology’s receipt of the Notice of Material Breach: (i) Good Shepherd Family Dermatology had begun to take action to cure the material breach; (ii) Good Shepherd Family Dermatology pursued such action with due diligence; and (iii) Good Shepherd Family Dermatology 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 ShepherdFamily Dermatology, only after a DAB decision in favor of OIG. Good ShepherdFamily Dermatology’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Family Dermatology upon the issuance of an ALJ’s decision in favor of OIGXXX. 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 Family Dermatology 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 Family Dermatology 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 ShepherdFamily Dermatology, Good Shepherd Family Dermatology 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 Good Shepherd Sutter was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd x. Xxxxxx cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Xxxxxx’x receipt of the Notice of Material Breach: Breach:‌ (i) Good Shepherd Sutter had begun to take action to cure the material breach; breach;‌ (ii) Good Shepherd Sutter pursued such action with due diligence; and (iii) Good Shepherd Sutter provided to OIG a reasonable timetable for curing the material breach. 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 ShepherdSutter, only after a DAB decision in favor of OIG. Good Shepherd’s Xxxxxx’x election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Sutter 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 Sutter 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 Sutter 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 ShepherdSutter, Good Shepherd Sutter 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 IA shall be whether Good Shepherd was OC and Xxxxxx were in material breach of this CIA IA and, if so, whether: a. Good Shepherd OC and 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 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s OC and Xxxxxx’x receipt of the Notice of Material Breach: (i) Good Shepherd OC and Xxxxxx had begun to take action to cure the material breach; (ii) Good Shepherd OC and Xxxxxx pursued such action with due diligence; and (iii) Good Shepherd OC and Xxxxxx 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 ShepherdOC and Xxxxxx, only after a DAB decision in favor of OIG. Good Shepherd’s OC and Xxxxxx’x election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd OC and 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 Good Shepherd OC and 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. Good Shepherd OC and Xxxxxx shall waive its its/his 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 ShepherdOC and Xxxxxx, Good Shepherd XX and 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 CIA IA shall be whether Good Shepherd Xxxxxx was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd x. 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 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Xxxxxx’x receipt of the Notice of Material Breach: : (i) Good Shepherd Xxxxxx had begun to take action to cure the material breach; (ii) Good Shepherd Xxxxxx pursued such action with due diligence; and (iii) Good Shepherd Xxxxxx 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 ShepherdXxxxxx, only after a DAB decision in favor of OIG. Good Shepherd’s Xxxxxx’x election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd 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 Good Shepherd 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. Good Shepherd Xxxxxx shall waive its their 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 ShepherdXxxxxx, Good Shepherd Xxxxxx shall be reinstated effective on the date of the original exclusion.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 Good Shepherd ABC was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd ABC 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdABC’s receipt of the Notice of Material Breach: (i) Good Shepherd ABC had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd ABC pursued such action with due diligence; and (iii) Good Shepherd ABC 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 favorable to OIG, or, if the ALJ rules for Good ShepherdABC, only after a DAB decision in favor of OIG. Good ShepherdABC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ABC 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 ABC 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 ABC 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 ShepherdABC, Good Shepherd ABC 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 Good Shepherd Health Quest was in material breach of this CIA and, if so, whether: a. Good Shepherd Health Quest 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdHealth Quest’s receipt of the Notice of Material Breach: (i) Good Shepherd Health Quest had begun to take action to cure the material breach; (ii) Good Shepherd Health Quest pursued such action with due diligence; and (iii) Good Shepherd Health Quest 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 ShepherdHealth Quest, only after a DAB decision in favor of OIG. Good ShepherdHealth Quest’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Health Quest 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 Health Quest 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 Health Quest 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 ShepherdHealth Quest, Good Shepherd Health Quest 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 Good Shepherd Hebrew Homes was in material breach of this CIA and, if so, whether: a. Good Shepherd Hebrew Homes 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 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Hebrew Homes’ receipt of the Notice of Material Breach: (i) Good Shepherd Hebrew Homes had begun to take action to cure the material breach; (ii) Good Shepherd Hebrew Homes pursued such action with due diligence; and (iii) Good Shepherd Hebrew Homes 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 ShepherdHebrew Homes, only after a DAB decision in favor of OIG. Good Shepherd’s Hebrew Homes’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Hebrew Homes 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 Hebrew Homes 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 Hebrew Homes 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 ShepherdHebrew Homes, Good Shepherd Hebrew Homes 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 Good Shepherd CVS Health was in material breach of this CIA and, if so, whether: a. Good Shepherd CVS Health 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdCVS Health’s receipt of the Notice of Material Breach: (i) Good Shepherd CVS Health had begun to take action to cure the material breach; (ii) Good Shepherd CVS Health pursued such action with due diligence; and (iii) Good Shepherd CVS Health 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 ShepherdCVS Health, only after a DAB decision in favor of OIG. Good ShepherdCVS Health’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd CVS Health 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 CVS Health 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 CVS Health 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 ShepherdCVS Health, Good Shepherd CVS Health 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 a‌ proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd MPG was in material breach of this CIA IA and, if so, whether:whether:‌‌ a. Good Shepherd MPG cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdMPG’s receipt of the Notice of Material Breach: (i) Good Shepherd MPG had begun to take action to cure the material breach; (ii) Good Shepherd MPG pursued such action with due diligence; and (iii) Good Shepherd MPG provided to OIG a reasonable timetable for curing the material breach. 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 ShepherdMPG, only after a DAB decision in favor of OIG. Good ShepherdMPG’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd MPG 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 MPG 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 MPG 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 ShepherdMPG, Good Shepherd MPG 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 IA shall be whether Good Shepherd Bhayani was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd x. Xxxxxxx 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdBhayani’s receipt of the Notice of Material Breach: : (i) Good Shepherd Bhayani had begun to take action to cure the material breach; (ii) Good Shepherd Bhayani pursued such action with due diligence; and (iii) Good Shepherd Bhayani 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 ShepherdBhayani, only after a DAB decision in favor of OIG. Good ShepherdBhayani’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Bhayani 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 Bhayani 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 Bhayani shall waive its the 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 ShepherdBhayani, Good Shepherd Bhayani 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 be: a. whether Good Shepherd EGS was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 EGS had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd EGS has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd EGS provided to OIG within that period a reasonable timetable for curing the material breachbreach and EGS 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 Good ShepherdEGS, only after a DAB decision in favor of OIG. Good ShepherdEGS’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd EGS 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 EGS 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 EGS 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 ShepherdEGS, Good Shepherd EGS 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 IA shall be whether Good Shepherd Center for Pain Management was in material breach of this CIA IA and, if so, whether: a. Good Shepherd Center for Pain Management 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdCenter for Pain Management’s receipt of the Notice of Material Breach: (i) Good Shepherd Center for Pain Management had begun to take action to cure the material breach; (ii) Good Shepherd Center for Pain Management pursued such action with due diligence; and (iii) Good Shepherd Center for Pain Management 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 ShepherdCenter for Pain Management, only after a DAB decision in favor of OIG. Good ShepherdCenter for Pain Management’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Center for Pain Management 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 Center for Pain Management 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 Center for Pain Management 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 ShepherdCenter for Pain Management, Good Shepherd Center for Pain Management 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 Good Shepherd Xxxxxxx was in material breach of this CIA and, if so, whether: a. Good Shepherd x. Xxxxxxx 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 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Xxxxxxx’x receipt of the Notice of Material Breach: : (i) Good Shepherd Xxxxxxx had begun to take action to cure the material breach; (ii) Good Shepherd Xxxxxxx pursued such action with due diligence; and (iii) Good Shepherd Xxxxxxx 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 ShepherdXxxxxxx, only after a DAB decision in favor of OIG. Good Shepherd’s Xxxxxxx’x election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Xxxxxxx 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 Xxxxxxx 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 Xxxxxxx 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 ShepherdXxxxxxx, Good Shepherd Xxxxxxx 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 IA shall be whether Good Shepherd the Practice was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd The Practice 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 30-30 day period, but that, during the 30-30 day period following Good Shepherdthe Practice’s receipt of the Notice of Material Breach: (i) Good Shepherd had the Practice has begun to take action to cure the material breach; (ii) Good Shepherd the Practice pursued such action with due diligence; and (iii) Good Shepherd the Practice 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 Shepherdthe Practice , only after a DAB decision in favor of OIG. Good ShepherdThe Practice’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd the Practice 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 the Practice 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 the Practice shall waive its [his/her] 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 Shepherdthe Practice, Good Shepherd the Practice 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 Good Shepherd Vanguard was in material breach of this CIA and, if so, whether: a. Good Shepherd Vanguard 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 Vanguard's receipt of the Notice of Material Breach: (i) Good Shepherd Vanguard had begun to take action to cure the material breach; (ii) Good Shepherd Vanguard pursued such action with due diligence; and (iii) Good Shepherd Vanguard 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 ShepherdVanguard, only after a DAB decision in favor of OIG. Good Shepherd’s Vanguard's election of its contractual right to appeal to the DAB shall not abrogate OIG’s 's authority to exclude Good Shepherd Vanguard upon the issuance of an ALJ’s '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 Vanguard 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 Vanguard 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 ShepherdVanguard, Good Shepherd Vanguard 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 Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd Xxxxxxxxxx was in material breach of this CIA IA and, if so, whether: a. Good Shepherd x. Xxxxxxxxxx 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 Xxxxxxxxxx’x receipt of the Notice of Material Breach: (i) Good Shepherd Xxxxxxxxxx had begun to take action to cure the material breach; (ii) Good Shepherd Xxxxxxxxxx pursued such action with due diligence; and (iii) Good Shepherd Xxxxxxxxxx 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, Xxxxxxxxxx only after a DAB decision in favor of OIG. Good Shepherd’s Xxxxxxxxxx’x election of its his contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Xxxxxxxxxx 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 Xxxxxxxxxx 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 Xxxxxxxxxx shall waive its his 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 ShepherdXxxxxxxxxx, Good Shepherd Xxxxxxxxxx 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 RCA shall be whether Good Shepherd BPMC was in material breach of this CIA RCA and, if so, whether: a. Good Shepherd BPMC 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdBPMC’s receipt of the Notice of Material Breach: : (i) Good Shepherd BPMC had begun to take action to cure the material breach; (ii) Good Shepherd BPMC pursued such action with due diligence; and (iii) Good Shepherd BPMC 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 ShepherdBPMC, only after a DAB decision in favor of OIG. Good ShepherdBPMC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd BPMC 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 BPMC 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 BPMC 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 ShepherdBPMC, Good Shepherd BPMC 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 IA shall be whether Good Shepherd Xx. Xxxxx was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd Xx. Xxxxx 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 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Xx. Xxxxx’x receipt of the Notice of Material Breach: (i) Good Shepherd Xx. Xxxxx had begun to take action to cure the material breach; (ii) Good Shepherd Xx. Xxxxx pursued such action with due diligence; and (iii) Good Shepherd Xx. Xxxxx 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 ShepherdXx. Xxxxx, only after a DAB decision in favor of OIG. Good Shepherd’s Xx. Xxxxx’x election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Xx. Xxxxx 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 Xx. Xxxxx 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 Xx. Xxxxx shall waive its his 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 ShepherdXx. Xxxxx, Good Shepherd Xx. Xxxxx 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 Good Shepherd Merit was in material breach of this CIA and, if so, whether: a. Good Shepherd Merit 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdMerit’s receipt of the Notice of Material Breach: (i) Good Shepherd Merit had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Merit pursued such action with due diligence; and (iii) Good Shepherd Merit 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 favorable to OIG, or, if the ALJ rules for Good ShepherdMerit, only after a DAB decision in favor of OIG. Good ShepherdMerit’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Merit 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 Merit 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 Merit 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 ShepherdMerit, Good Shepherd Merit 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 IA shall be whether Good Shepherd Alaska Neurology was in material breach of this CIA IA and, if so, whether: a. Good Shepherd Alaska Neurology 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdAlaska Neurology’s receipt of the Notice of Material Breach: (i) Good Shepherd Alaska Neurology had begun to take action to cure the material breach; (ii) Good Shepherd Alaska Neurology pursued such action with due diligence; and (iii) Good Shepherd Alaska Neurology 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 ShepherdAlaska Neurology, only after a DAB decision in favor of OIG. Good ShepherdAlaska Neurology’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Alaska Neurology 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 Alaska Neurology 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 Alaska Neurology 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 ShepherdAlaska Neurology, Good Shepherd Alaska Neurology 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 be: a. whether Good Shepherd Pediatrix was in material breach of this CIA andCIA; Pediatrix Medical Group, if so, whether:Inc. Corporate Integrity Agreement a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Pediatrix had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Pediatrix has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Pediatrix provided to the OIG within that period a reasonable timetable for curing the material breachbreach and has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to the OIG, or, if the ALJ rules for Good ShepherdPediatrix, only after a DAB decision in favor of the OIG. Good ShepherdPediatrix’s election of its contractual right to appeal to the DAB shall not abrogate the OIG’s authority to exclude Good Shepherd Pediatrix upon the issuance of an ALJ’s decision in favor of the OIG. 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 Good Shepherd Pediatrix may request review of the ALJ decision by the DAB. If the DAB finds in favor of the OIG after an ALJ decision adverse to the OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Pediatrix 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 ShepherdPediatrix, Good Shepherd Pediatrix 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 IA shall be whether Good Shepherd HOK was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd HOK 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdHOK’s receipt of the Notice of Material Breach: (i) Good Shepherd HOK had begun to take action to cure the material breach; (ii) Good Shepherd HOK pursued such action with due diligence; and (iii) Good Shepherd HOK 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 ShepherdHOK, only after a DAB decision in favor of OIG. Good ShepherdHOK’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd HOK 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 HOK 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 HOK 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 ShepherdXXX, Good Shepherd XXX 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 be: a. whether Good Shepherd CVS Caremark was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 CVS Caremark had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd CVS Caremark has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd CVS Caremark provided to OIG within that period a reasonable timetable for curing the material breachbreach and CVS Caremark 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 Good ShepherdCVS Caremark, only after a DAB decision in favor of OIG. Good ShepherdCVS Caremark’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd CVS Caremark 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 CVS Caremark 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 CVS Caremark 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 ShepherdCVS Caremark, Good Shepherd CVS Caremark 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 Good Shepherd ICH was in material breach of this CIA and, if so, whether: a. Good Shepherd ICH 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 ShepherdICH’s receipt of the Notice of Material Breach: (i) Good Shepherd ICH had begun to take action to cure the material breach; (ii) Good Shepherd ICH pursued such action with due diligence; and (iii) Good Shepherd ICH 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 ShepherdICH, only after a DAB decision in favor of OIG. Good ShepherdICH’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ICH 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 ICH 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 ICH 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 ShepherdICH, Good Shepherd ICH 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 be: a. whether Good Shepherd eTEL-Rx was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 eTEL-Rx had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd eTEL-Rx has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd eTEL-Rx provided to OIG within that period a reasonable timetable for curing the material breachbreach and eTEL- Rx 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 Good ShepherdeTEL-Rx, only after a DAB decision in favor of OIG. Good ShepherdeTEL-Rx’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd eTEL-Rx 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 eTEL-Rx may request review of the ALJ decision by the DAB. If the DAB eTEL-Rx Corporate Integrity Agreement XXX 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 eTEL-Rx 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 ShepherdeTEL-Rx, Good Shepherd eTEL-Rx 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 IA shall be whether Good Shepherd Springfield was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd Springfield 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdSpringfield’s receipt of the Notice of Material Breach: (i) Good Shepherd Springfield had begun to take action to cure the material breach; (ii) Good Shepherd Springfield pursued such action with due diligence; and (iii) Good Shepherd Springfield 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 ShepherdSpringfield, only after a DAB decision in favor of OIG. Good ShepherdSpringfield’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Springfield 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 Springfield 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 Springfield shall waive its [his/her] 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 ShepherdSpringfield, Good Shepherd Springfield 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 Good Shepherd EAP was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd EAP 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdEAP’s receipt of the Notice of Material Breach: (i) Good Shepherd EAP had begun to take action to cure the material breach; (ii) Good Shepherd EAP pursued such action with due diligence; and (iii) Good Shepherd EAP 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 ShepherdEAP, only after a DAB decision in favor of OIG. Good ShepherdEAP’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd EAP 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 EAP 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 EAP 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 ShepherdEAP, Good Shepherd EAP shall be reinstated effective on the date of the original exclusion.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 Good Shepherd Encore was in material breach of this CIA and, if so, whether: a. Good Shepherd Encore 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdEncore’s receipt of the Notice of Material Breach: : (i) Good Shepherd Encore had begun to take action to cure the material breach; (ii) Good Shepherd Encore pursued such action with due diligence; and (iii) Good Shepherd Encore 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 ShepherdEncore, only after a DAB decision in favor of OIG. Good ShepherdEncore’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Encore 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 Encore 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 Encore 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 ShepherdEncore, Good Shepherd Encore 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 Good Shepherd Spring Gate was in material breach of this CIA and, if so, whether: a. Good Shepherd Spring Gate 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 ShepherdSpring Gate’s receipt of the Notice of Material Breach: (i) Good Shepherd Spring Gate had begun to take action to cure the material breach; (ii) Good Shepherd Spring Gate pursued such action with due diligence; and (iii) Good Shepherd Spring Gate 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 ShepherdSpring Gate, only after a DAB decision in favor of OIG. Good ShepherdSpring Gate’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Spring Gate 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 Spring Gate 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 Spring Gate 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 ShepherdSpring Gate, Good Shepherd Spring Gate 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 IA shall be whether Good Shepherd Foot Healers was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd Foot Healers cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Foot Healers’ receipt of the Notice of Material Breach: (i) Good Shepherd Foot Healers had begun to take action to cure the material breach; (ii) Good Shepherd Foot Healers pursued such action with due diligence; and (iii) Good Shepherd Foot Healers provided to OIG a reasonable timetable for curing the material breach. 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 ShepherdFoot Healers, only after a DAB decision in favor of OIG. Good Shepherd’s Foot Healers’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Foot Healers 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 Foot Healers 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 Foot Healers 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 ShepherdFoot Healers, Good Shepherd Foot Healers 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 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 be: a. whether Good Shepherd Amedisys was in material breach of this CIA andCIA; Amedisys, if soInc. and Amedisys Specialized Medical Services, whether:Inc. Corporate Integrity Agreement 29 a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Amedisys had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Amedisys has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Amedisys provided to OIG within that period a reasonable timetable for curing the material breachbreach and Amedisys 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 Good ShepherdAmedisys, only after a DAB decision in favor of OIG. Good Shepherd’s Amedisys’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Amedisys 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 Amedisys 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 Amedisys 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 ShepherdAmedisys, Good Shepherd Amedisys 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 IA shall be whether Good Shepherd CBHA was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd CBHA 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdCBHA’s receipt of the Notice of Material Breach: : (i) Good Shepherd CBHA had begun to take action to cure the material breach; (ii) Good Shepherd CBHA pursued such action with due diligence; and (iii) Good Shepherd CBHA 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 ShepherdCBHA, only after a DAB decision in favor of OIG. Good ShepherdCBHA’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd CBHA 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 CBHA 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 CBHA 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 ShepherdCBHA, Good Shepherd CBHA shall be reinstated effective on the date of the original exclusion.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 be: a. whether Good Shepherd XXXX was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 BIPI had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd BIPI has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd BIPI provided to OIG within that period a reasonable timetable for curing the material breachbreach and BIPI 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 Good ShepherdBIPI, only after a DAB decision in favor of OIG. Good ShepherdXXXX’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd BIPI 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 BIPI 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 BIPI 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 ShepherdBIPI, Good Shepherd BIPI 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 be: a. whether Good Shepherd Xxxxxx was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Xxxxxx had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Xxxxxx has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Xxxxxx provided to OIG within that period a reasonable timetable for curing the material breachbreach and Xxxxxx has followed the timetable. Xxxxxx Medical Technology, Inc. — 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 Good ShepherdXxxxxx, only after a DAB decision in favor of OIG. Good Shepherd’s Xxxxxx’x election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd 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 Good Shepherd 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. Good Shepherd 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 Good ShepherdXxxxxx, Good Shepherd 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 CIA IA shall be whether Good Shepherd Xxxxx Pharmacy was in material breach of this CIA IA and, if so, whether: a. Good Shepherd x. Xxxxx Pharmacy 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdXxxxx Pharmacy’s receipt of the Notice of Material Breach: (i) Good Shepherd Xxxxx Pharmacy had begun to take action to cure the material breach; (ii) Good Shepherd Xxxxx Xxxxxxxx pursued such action with due diligence; and (iii) Good Shepherd Xxxxx Pharmacy 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 ShepherdXxxxx Xxxxxxxx, only after a DAB decision in favor of OIG. Good ShepherdXxxxx Xxxxxxxx’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Xxxxx Pharmacy 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 Xxxxx Pharmacy 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 Xxxxx Xxxxxxxx shall waive its [his/her] 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 ShepherdCasey Pharmacy, Good Shepherd Xxxxx Pharmacy 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 Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be be: a. whether Good Shepherd Xxxxx-JCA was in material breach of this CIA and, if so, whether:IA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Xxxxx-JCA had begun to take action to cure the material breachbreach within that period; (iixx) Good Shepherd Xxxxx-JCA has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Xxxxx-JCA provided to OIG within that period a reasonable timetable for curing the material breachbreach and Xxxxx-JCA 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 Good ShepherdXxxxx-JCA, only after a DAB decision in favor of OIG. Good ShepherdXxxxx-JCA’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Xxxxx-JCA 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 Xxxxx-JCA 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 Xxxxx-JCA 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 ShepherdXxxxx-JCA, Good Shepherd Xxxxx-JCA 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 Good Shepherd ACell was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd ACell cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdXXxxx’s receipt of the Notice of Material Breach: Breach:‌‌ (i) Good Shepherd ACell had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd ACell pursued such action with due diligence; and (iii) Good Shepherd ACell 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 favorable to OIG, or, if the ALJ rules for Good ShepherdACell, only after a DAB decision in favor of OIG. Good ShepherdACell’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ACell 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 ACell 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 ACell 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 ShepherdXXxxx, Good Shepherd ACell 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 Good Shepherd ResMed was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd ResMed 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdResMed’s receipt of the Notice of Material Breach: : (i) Good Shepherd ResMed had begun to take action to cure the material breach; (ii) Good Shepherd ResMed pursued such action with due diligence; and (iii) Good Shepherd ResMed 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 ShepherdResMed, only after a DAB decision in favor of OIG. Good ShepherdResMed’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ResMed 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 ResMed 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 ResMed 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 ShepherdResMed, Good Shepherd ResMed 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 Good Shepherd Primex was in material breach of this CIA and, if so, whether: a. Good Shepherd Primex 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdXxxxxx’s receipt of the Notice of Material Breach: : (i) Good Shepherd Primex had begun to take action to cure the material breach; (ii) Good Shepherd Primex pursued such action with due diligence; and (iii) Good Shepherd Primex 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 ShepherdPrimex, only after a DAB decision in favor of OIG. Good ShepherdPrimex’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Primex 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 Primex 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 Primex 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 ShepherdPrimex, Good Shepherd Primex 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 Good Shepherd Walgreens was in material breach of this CIA and, if so, whether: a. Good Shepherd Walgreens 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 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Walgreens’ receipt of the Notice of Material Breach: (i) Good Shepherd Walgreens had begun to take action to cure the material breach; (ii) Good Shepherd Walgreens pursued such action with due diligence; and (iii) Good Shepherd Walgreens 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 ShepherdWalgreens, only after a DAB decision in favor of OIG. Good Shepherd’s Walgreens’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Walgreens 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 Walgreens 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 Walgreens 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 ShepherdWalgreens, Good Shepherd Walgreens 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 Good Shepherd was the GIS Parties were in material breach of this CIA and, if so, whether: a. Good Shepherd the GIS Parties cured such breach within 30 days of its their receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s the GIS Parties’ receipt of the Notice of Material Breach: (i) Good Shepherd the GIS Parties had begun to take action to cure the material breach; (ii) Good Shepherd the GIS Parties pursued such action with due diligence; and (iii) Good Shepherd the GIS Parties provided to OIG a reasonable timetable for curing the material breach. 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 Shepherdthe GIS Parties, only after a DAB decision in favor of OIG. Good Shepherd’s The GIS Parties’ election of its their contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd the GIS Parties 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 the GIS Parties 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 The GIS Parties shall waive its their 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 Shepherdthe GIS Parties, Good Shepherd the GIS Parties 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 be: a. whether Good Shepherd Exactech was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Exactech had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Exactech has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Exactech provided to OIG within that period a reasonable timetable for curing the material breachbreach and Exactech 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 Good ShepherdExactech, only after a DAB decision in favor of OIG. Good ShepherdExactech’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Exactech 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 Exactech 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 Exactech 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 ShepherdExactech, Good Shepherd Exactech 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 be: a. whether Good Shepherd Forest was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether 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 Forest had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Forest has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Forest provided to OIG within that period a reasonable timetable for curing the material breachbreach and Forest 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 Good ShepherdForest, only after a DAB decision in favor of OIG. Good ShepherdForest’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Forest 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 Forest 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 Forest 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 ShepherdForest, Good Shepherd Forest 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 Good Shepherd PFH was in material breach of this CIA and, if so, whether: a. Good Shepherd PFH 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdPFH’s receipt of the Notice of Material Breach: (i) Good Shepherd PFH had begun to take action to cure the material breach; (ii) Good Shepherd PFH pursued such action with due diligence; and (iii) Good Shepherd PFH 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 ShepherdPFH, only after a DAB decision in favor of OIG. Good ShepherdPFH’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd PFH 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 PFH 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 PFH 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 ShepherdPFH, Good Shepherd PFH 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 Good Shepherd Merit was in material breach of this CIA and, if so, whether:: ​ a. Good Shepherd Merit cured such breach within 30 days of its receipt of the Notice of Material Breach; oror ​ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdMerit’s receipt of the Notice of Material Breach: (i) Good Shepherd Merit had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Merit pursued such action with due diligence; and (iii) Good Shepherd Merit 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 favorable to OIG, or, if the ALJ rules for Good ShepherdMerit, only after a DAB decision in favor of OIG. Good ShepherdMerit’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Merit 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 Merit 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 Merit 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 ShepherdMerit, Good Shepherd Merit 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 Good Shepherd Home Bound was in material breach of this CIA and, if so, whether: a. Good Shepherd Home Bound 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdHome Bound’s receipt of the Notice of Material Breach: (i) Good Shepherd Home Bound had begun to take action to cure the material breach; (ii) Good Shepherd Home Bound pursued such action with due diligence; and (iii) Good Shepherd Home Bound 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 ShepherdHome Bound, only after a DAB decision in favor of OIG. Good ShepherdHome Bound’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Home Bound 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 Home Bound 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 Home Bound 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 ShepherdHome Bound, Good Shepherd Home Bound 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 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 whether Good Shepherd Trans- Star was in material breach of this CIA and, if so, whether: a. Good Shepherd Trans-Star 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 ShepherdTrans-Star’s receipt of the Notice of Material Breach: (i) Good Shepherd Trans-Star had begun to take action to cure the material breach; (ii) Good Shepherd Trans-Star pursued such action with due diligence; and (iii) Good Shepherd Trans-Star 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 ShepherdTrans-Star, only after a DAB decision in favor of OIG. Good ShepherdTrans-Star’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Trans-Star 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 Trans-Star 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 Trans-Star 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 ShepherdTrans-Star, Good Shepherd Trans-Star 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 a‌ proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd CRMC was in material breach of this CIA and, if so, whether:whether:‌‌ a. Good Shepherd CRMC 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdCRMC’s receipt of the Notice of Material Breach: : (i) Good Shepherd CRMC had begun to take action to cure the material breach; (ii) Good Shepherd CRMC pursued such action with due diligence; and (iii) Good Shepherd CRMC 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 ShepherdCRMC, only after a DAB decision in favor of OIG. Good ShepherdCRMC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd CRMC 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 CRMC 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 CRMC 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 ShepherdCRMC, Good Shepherd CRMC 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 Good Shepherd Diversicare was in material breach of this CIA and, if so, whether: a. Good Shepherd Diversicare 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 30-30 day period, but that, during the 30-30 day period following Good ShepherdDiversicare’s receipt of the Notice of Material Breach: (i) Good Shepherd Diversicare had begun to take action to cure the material breach; (ii) Good Shepherd Diversicare pursued such action with due diligence; and (iii) Good Shepherd Diversicare 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 ShepherdDiversicare, only after a DAB decision in favor of OIG. Good ShepherdDiversicare’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Diversicare 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 Diversicare 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 Diversicare 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 ShepherdDiversicare, Good Shepherd Diversicare shall be reinstated effective on the date of the original exclusion.