Common use of Exclusion Review Clause in Contracts

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be: (a) whether HCA was in material breach of this CIA; (b) whether such breach was continuing on the date of the Exclusion Letter; and (c) whether the alleged material breach could not have been cured within the 30-day period, but that (i) HCA had begun to take action to cure the material breach within that period, (ii) HCA has pursued and is pursuing such action with due diligence, and (iii) HCA provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision that is favorable to the OIG. HCA’s election of its contractual right to appeal to the DAB shall not abrogate the OIG’s authority to exclude HCA and/or any of its subsidiaries upon the issuance of the ALJ’s decision. If the ALJ sustains the determination of the OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that HCA may request review of the ALJ decision by the DAB.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be: (a) whether HCA was Bevexxx xxx in material breach of this CIA; (b) whether such breach was continuing on the date of the Exclusion Letter; and (c) whether the alleged material breach could not have been cured within the 30-day period, but that (i) HCA had Bevexxx xxx begun to take action to cure the material breach within that period, (ii) HCA has Bevexxx xxx pursued and is pursuing such action with due diligence, and (iii) HCA provided Bevexxx xxxvided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision that is favorable to the OIG. HCA’s Beverly's election of its contractual right to appeal to the DAB shall not abrogate the OIG’s 's authority to exclude HCA and/or any of its subsidiaries upon Bevexxx xxxn the issuance of the ALJ’s 's decision. If the ALJ sustains the determination of the OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that HCA may Bevexxx xxx request review of the ALJ decision by the DAB.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be: (a) whether HCA Sun was in material breach of this CIA; (b) whether such breach was continuing on the date of the Exclusion Letter; and (c) whether the alleged material breach could not have been be cured within the 30-35 day period, but that (i) HCA had Sun has begun to take action to cure the material breach within that periodbreach, (ii) HCA has pursued and Sun is pursuing such action with due diligence, and (iii) HCA Sun has provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision that is favorable to the OIG. HCA’s Sun's election of its contractual right to appeal to the DAB shall not abrogate the OIG’s 's authority to exclude HCA and/or any of its subsidiaries Sun upon the issuance of the ALJ’s 's decision. If the ALJ sustains the determination of the OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that HCA Sun may request review of the ALJ decision by the DAB.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be: (a) whether HCA Vencor was in material breach of this CIA; (b) whether such breach was continuing on the date of the Exclusion Letter; and (c) whether the alleged material breach could not have been be cured within the 30thirty-five (35) day period, but that that: (i) HCA had Vencor has begun to take action to cure the material breach within that period, breach; (ii) HCA has pursued and Vencor is pursuing such action with due diligence, ; and (iii) HCA Vencor has provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision that is favorable to the OIG. HCA’s Vencor's election of its contractual right to appeal to the DAB shall not abrogate the OIG’s 's authority to exclude HCA and/or any of its subsidiaries Vencor upon the issuance of the ALJ’s 's decision. If the ALJ sustains the determination of the OIG and determines that exclusion is authorized, such exclusion shall take effect 20 twenty (20) days after the ALJ issues such a decision, notwithstanding that HCA Vencor may request review of the ALJ decision by the DAB.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be: be (a) whether HCA MIM was in material breach of this CIA; (b) whether such breach was continuing on the date of the Exclusion Letter; and (c) whether the alleged material breach could not have been cured within the 30-35 day period, but that (i) HCA MIM had begun to take action to cure the material breach within that the 35 day period, (ii) HCA MIM has pursued and is pursuing such action with due diligence, and (iii) HCA MIM provided to OIG within that the 15 day period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision that is favorable to the OIG. HCA’s MIM's election of its contractual right to appeal to the DAB shall not abrogate the OIG’s 's authority to exclude HCA and/or any of its subsidiaries MIM upon the issuance of the ALJ’s 's decision. If the ALJ sustains the determination of the OIG and determines that exclusion is authorized, such exclusion shall take effect 20 twenty (20) days after the ALJ issues such a decision, notwithstanding that HCA MIM may request review of the ALJ decision by the DAB.