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 IA shall be: (a) whether Xx. Xxxxxxxx was in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx 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 IA CIA shall be: (a) whether Xx. Xxxxxxxx Dignity Health was in full and timely compliance with the obligations of this IA CIA for which OIG demands paymentpayment of a Stipulated Penalty; and (b) the period of noncompliance. Xx. Xxxxxxxx Dignity Health shall have the burden of proving 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 IA CIA and orders Xx. Xxxxxxxx Dignity Health to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Dignity Health 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.‌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 Corporate Integrity Agreement AstraZeneca in a proceeding for Stipulated Penalties under this IA CIA shall be: (a) whether Xx. Xxxxxxxx AstraZeneca was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx AstraZeneca shall have the burden of proving 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 IA CIA and orders Xx. Xxxxxxxx AstraZeneca to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx AstraZeneca 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.‌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 IA CIA shall be: (a) whether Xx. Xxxxxxxx Neurosurgical Associates was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Neurosurgical Associates shall have the burden of proving 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 ALJ‌ agrees with OIG with regard to a finding of a breach of this IA CIA and orders Xx. Xxxxxxxx Neurosurgical Associates to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Neurosurgical Associates 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.‌decision.

Stipulated Penalties 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 Stipulated Penalties under this IA shall be: (a) whether Xx. Xxxxxxxx was in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx 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.‌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 IA CIA shall be: (a) whether Xx. Xxxxxxxx was Harmony-Xxxxxx were in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Harmony-Xxxxxx shall have the burden of proving 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 IA CIA and orders Xx. Xxxxxxxx Harmony-Xxxxxx to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx requests Harmony-Xxxxxx 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.‌decision.

Stipulated Penalties 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 Stipulated Penalties under this IA shall be: (a) whether Xx. Xxxxxxxx Xxxxx- JCA was in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Xxxxx-JCA shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx Xxxxx-JCA to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Xxxxx-JCA 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.‌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 IA CIA shall be: (a) whether Xx. Xxxxxxxx VITAS was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx VITAS shall have the burden of proving 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 IA CIA and orders Xx. Xxxxxxxx VITAS to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx VITAS 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.‌decision. Vitas Corporate Integrity Agreement

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 Corporate Integrity Agreement Taro Pharmaceuticals USA, Inc. issues in a proceeding for Stipulated Penalties under this IA CIA shall be: (a) whether Xx. Xxxxxxxx Taro was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Taro shall have the burden of proving 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 IA CIA and orders Xx. Xxxxxxxx Xxxx to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Xxxx 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.‌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 IA CIA shall be: (a) whether Xx. Xxxxxxxx Forest was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Forest shall have the burden of proving 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 IA CIA and orders Xx. Xxxxxxxx Forest to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Forest requests review of the ALJ All 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.‌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 IA shall be: (a) whether Xx. Xxxxxxxx Healthquest, Inc. was in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Healthquest, Inc. shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx Healthquest, Inc. to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Healthquest, Inc. 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 IA CIA shall be: (a) whether Xx. Xxxxxxxx ABC was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx ABC shall have the burden of proving 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 IA CIA and orders Xx. Xxxxxxxx ABC to pay Stipulated Penalties, such Stipulated Penalties shall shall‌ AmerisourceBergen Corporation Corporate Integrity Agreement become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx ABC 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.‌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 IA shall be: (a) whether Xx. Xxxxxxxx was Dakwa and HEAG were in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Dakwa and HEAG shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx Dakwa and HEAG to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx requests Dakwa and HEAG 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 IA shall be: (a) whether Xx. Xxxxxxxx Xxxxx was in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Xxxxx shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx Xxxxx to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Xxxxx 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 IA CIA shall be: (a) whether Xx. Xxxxxxxx UHealth was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx UHealth shall have the burden of proving 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 University of Miami Corporate Integrity Agreement finding of a breach of this IA CIA and orders Xx. Xxxxxxxx UHealth to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx UHealth 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.‌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 IA shall be: (a) whether Xx. Xxxxxxxx Dr.‌ Xxxxxxx was in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Xxxxxxx shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx Xxxxxxx to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Xxxxxxx 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.‌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 IA CIA shall be: (a) whether Xx. Xxxxxxxx WellCare was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx WellCare shall have the burden of proving 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 IA CIA and orders Xx. Xxxxxxxx WellCare to pay Stipulated Penalties, such Stipulated Penalties Corporate Integrity Agreement WellCare Health Plans, Inc. shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx WellCare 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 ALJ issues its decision.‌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 IA shall be: (a) whether Xx. Xxxxxxxx Xxxxxx was in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Xxxxxx shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx Xxxxxx to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx 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.‌

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 IA shall be: (a) whether Xx. Xxxxxxxx Dr. Uradu and UTC was in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Dr. Uradu and UTC shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx Dr. Uradu and UTC to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Dr. Uradu and UTC requests review of the ALJ decision by the DAB. 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.‌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 IA CIA shall be: (a) whether Xx. Xxxxxxxx was Harmony-Xxxxxx were in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Xxxxxxx-Xxxxxx shall have the burden of proving 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 IA CIA and orders Xx. Xxxxxxxx Xxxxxxx-Xxxxxx to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx requests Xxxxxxx-Xxxxxx 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.‌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 IA shall be: (a) whether Xx. Xxxxxxxx Xxxxxx was in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Xxxxxx shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx Xxxxxx to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision decision‌ unless Xx. Xxxxxxxx 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.‌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 IA CIA shall be: (a) whether Xx. Xxxxxxxx AtriCure, Inc. was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx AtriCure, Inc. shall have the burden of proving its full and timely compliance and the steps taken to cure the CORPORATE INTEGRITY AGREEMENT ATRICURE, INC. 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 IA CIA and orders Xx. Xxxxxxxx AtriCure, Inc. to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx AtriCure, Inc. 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.‌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 only‌ Corporate Integrity Agreement Astellas Pharma US, Inc. issues in a proceeding for Stipulated Penalties under this IA CIA shall be: (a) whether Xx. Xxxxxxxx Astellas was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Astellas shall have the burden of proving 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 IA CIA and orders Xx. Xxxxxxxx Astellas to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Astellas 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.‌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 IA shall be: (a) whether Xx. Xxxxxxxx was Dakwa and HEAG were in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Dakwa and HEAG shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx Xxxxx and HEAG to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx requests Xxxxx and HEAG 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 IA shall be: (a) whether Xx. Xxxxxxxx Xxxxx Pharmacy was in full and timely compliance with the obligations of this IA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Xxxxx Pharmacy shall have the burden of proving 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 IA and orders Xx. Xxxxxxxx Xxxxx Pharmacy to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Xxxxx Pharmacy 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.‌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 IA CIA shall be: (a) whether Xx. Xxxxxxxx Odyssey Hospice was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Odyssey Hospice shall have the burden of proving its Odyssey Hospice’s 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 IA CIA and orders Xx. Xxxxxxxx Odyssey Hospice to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Odyssey Hospice 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.‌decision. Odyssey Corporate Integrity Agreement

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 IA CIA shall be: (a) whether Xx. Xxxxxxxx LCCA was in full and timely compliance with the obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx LCCA shall have the burden of proving 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 breach‌ LCCA - Corporate Integrity Agreement of this IA CIA and orders Xx. Xxxxxxxx LCCA to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx LCCA 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.‌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 IA CIA shall be: (a) whether Xx. Xxxxxxxx Mercy or MHM was in full and timely compliance with the their respective obligations of this IA CIA for which OIG demands payment; and (b) the period of noncompliance. Xx. Xxxxxxxx Mercy or MHM shall have the burden of proving its full and timely compliance with their respective obligations 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 IA CIA and orders Xx. Xxxxxxxx Xxxxx or MHM to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Xx. Xxxxxxxx Mercy or MHM 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.‌