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Notes

§402.15. Collateral estoppel.

42 C.F.R. § 402.15

(a)
When a final determination that the respondent presented or caused to be presented a claim or request for payment falling within the scope of § 402.1 has been rendered in any proceeding in which the respondent was a party and had an opportunity to be heard, the respondent is bound by that determination in any proceeding under this part.
(b)
A person who has been convicted (whether upon a verdict after trial or upon a plea of guilty or nolo contendere) of a Federal crime charging fraud or false statements is barred from denying the essential elements of the criminal offense if the proceedings under this part involve the same transactions.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 1302 and 1395hh.

Source

Source: 63 FR 68690, Dec. 14, 1998, unless otherwise noted.