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Federal regulations · Through 2026-08-25 · Newer source version available

42 CFR 402.15: Collateral estoppel.

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Where this section sits in the code
  1. Title 42—Public Health
  2. CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES
  3. SUBCHAPTER A—GENERAL PROVISIONS
  4. PART 402—CIVIL MONEY PENALTIES, ASSESSMENTS, AND EXCLUSIONS
  5. Subpart A—General Provisions

(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.

Collected 2026-08-27T02:26:11Z. Source file · JSON

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