Common use of Stipulated Penalties Review Clause in Contracts

Stipulated Penalties 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 Stipulated Penalties under this CIA shall be: (a) whether the U.S. Healthcare Parties and/or the Xxxxx Entities were in full and timely compliance with the obligations of this CIA for which OIG demands payment; and (b) the period of noncompliance. The U.S. Healthcare Parties and/or the Xxxxx Entities shall have the burden of proving their full and timely compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to Stipulated Penalties. If the ALJ agrees with OIG with regard to a finding of a breach of this CIA and orders the U.S. Healthcare Parties and/or the Xxxxx Entities to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless the U.S. Healthcare Parties and/or the Xxxxx Entities request review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, the Stipulated Penalties shall become due and payable 20 days after the DAB issues its decision.

Stipulated Penalties 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 Stipulated Penalties under this CIA shall be: (a) whether the U.S. Healthcare Parties J&J and/or the Xxxxx Entities J&J Pharmaceutical Affiliate(s) were in full and timely compliance with the obligations of this CIA for which OIG demands payment; and (b) the period of noncompliance. The U.S. Healthcare Parties J&J and/or the Xxxxx Entities J&J Pharmaceutical Affiliate(s) shall have the burden of proving their full and timely compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to Stipulated Penalties. If the ALJ agrees with OIG with regard to a finding of a breach of this CIA and orders the U.S. Healthcare Parties and/or the Xxxxx Entities J&J to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless the U.S. Healthcare Parties J&J and/or the Xxxxx Entities request J&J Pharmaceutical Affiliate(s) requests review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, the Stipulated Penalties shall become due and payable 20 days after the DAB issues its decision.

Stipulated Penalties 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 Stipulated Penalties under this CIA shall be: (a) whether the U.S. Healthcare Parties and/or the Xxxxx Entities were Xxxxxxxxxx-Xxxxxxx Xxxxxx was in full and timely compliance with the obligations of this CIA for which OIG demands payment; and (b) the period of noncompliance. The U.S. Healthcare Parties and/or the Xxxxx Entities Xxxxxxxxxx-Xxxxxxx Xxxxxx shall have the burden of proving their its full and timely compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to Stipulated Penalties. If the ALJ agrees with OIG with regard to a finding of a breach of this CIA and orders the U.S. Healthcare Parties and/or the Xxxxx Entities Xxxxxxxxxx-Xxxxxxx Xxxxxx to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless the U.S. Healthcare Parties and/or the Xxxxx Entities request Xxxxxxxxxx- Xxxxxxx Xxxxxx requests review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, the Stipulated Penalties shall become due and payable 20 days after the DAB issues its decision.