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