---
kind: "section"
citation: "42 C.F.R. § 402.15"
title: "42"
number: "402.15"
heading: "Collateral estoppel."
url: "https://uscodex.org/cfr/42/402.15"
---

# §402.15. Collateral estoppel.

- (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](/cfr/42/402.1.md) 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

### Authority

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

### Source

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