Common use of Review Rights Clause in Contracts

Review Rights. Upon OIG’s delivery to J&J of its Demand Letter or of its Exclusion Letter, and as an agreed-upon contractual remedy for the resolution of disputes arising under this CIA, J&J and/or the J&J Pharmaceutical Affiliate(s) shall be afforded certain review rights comparable to the ones that are provided in 42 U.S.C. § 1320a-7(f) and 42 C.F.R. Part 1005 as if they applied to the Stipulated Penalties or exclusion sought pursuant to this CIA. Specifically, OIG’s determination to demand payment of Stipulated Penalties or to seek exclusion shall be subject to review by an HHS ALJ and, in the event of an appeal, the HHS Departmental Appeals Board (DAB), in a manner consistent with the provisions in 42 C.F.R. § 1005.2-1005.21. Notwithstanding the language in 42 C.F.R. § 1005.2(c), the request for a hearing involving Stipulated Penalties shall be made within 10 days after receipt of the Demand Letter and the request for a hearing involving exclusion shall be made within 25 days after receipt of the Exclusion Letter.

Appears in 2 contracts

Samples: Corporate Integrity Agreement, Corporate Integrity Agreement

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Review Rights. Upon OIG’s delivery to J&J Extendicare of its Noncompliance Notice, Demand Letter Letter, or of its Exclusion Letter, and as an agreed-agreed- upon contractual remedy for the resolution of disputes arising under this CIA, J&J and/or the J&J Pharmaceutical Affiliate(s) Extendicare shall be afforded certain review rights comparable to the ones that are provided in 42 U.S.C. § 1320a-7(f) and 42 C.F.R. Part 1005 as if they applied to the specific performance, Stipulated Penalties Penalties, or exclusion sought pursuant to this CIA. Specifically, OIG’s determination to demand specific performance, payment of Stipulated Penalties Penalties, or to seek exclusion shall be subject to review by an HHS ALJ and, in the event of an appeal, the HHS Departmental Appeals Board (DAB), in a manner consistent with the provisions in 42 C.F.R. § 1005.2-1005.21. Notwithstanding the language in 42 C.F.R. § 1005.2(c), the request for a hearing involving specific performance or Stipulated Penalties shall be made within 10 days after receipt of the Demand Letter and the request for a hearing involving exclusion shall be made within 25 days after receipt of the Exclusion Letter.

Appears in 2 contracts

Samples: Corporate Integrity Agreement, Corporate Integrity Agreement

Review Rights. Upon OIG’s delivery to J&J CHSI of its Demand Letter or of its Exclusion Letter, and as an agreed-upon contractual remedy for the resolution of disputes arising under this CIA, J&J and/or the J&J Pharmaceutical Affiliate(s) CHSI shall be afforded certain review rights comparable to the ones that are provided in 42 U.S.C. § 1320a-7(f) and 42 C.F.R. Part 1005 as if they Community Health Systems, Inc. Corporate Integrity Agreement, Amended applied to the Stipulated Penalties or exclusion sought pursuant to this CIA. Specifically, OIG’s determination to demand payment of Stipulated Penalties or to seek exclusion shall be subject to review by an HHS ALJ and, in the event of an appeal, the HHS Departmental Appeals Board (DAB), in a manner consistent with the provisions in 42 C.F.R. § 1005.2-1005.21. Notwithstanding the language in 42 C.F.R. § 1005.2(c), the request for a hearing involving Stipulated Penalties shall be made within 10 days after receipt of the Demand Letter and the request for a hearing involving exclusion shall be made within 25 days after receipt of the Exclusion Letter.

Appears in 1 contract

Samples: Corporate Integrity Agreement (Community Health Systems Inc)

Review Rights. Upon OIG’s delivery to J&J UHS of its Noncompliance Notice, Demand Letter Letter, or of its Exclusion Letter, and as an agreed-upon contractual remedy for the resolution of disputes arising under this CIA, J&J and/or the J&J Pharmaceutical Affiliate(s) UHS shall be afforded certain review rights comparable to the ones that are provided in 42 U.S.C. § 1320a-7(f) and 42 C.F.R. Part 1005 as if they applied to the specific performance, Stipulated Penalties Penalties, or exclusion sought pursuant to this CIA. Specifically, OIG’s determination to demand specific performance, payment of Stipulated Penalties Penalties, or to seek exclusion shall be subject to review by an HHS ALJ and, in the event of an appeal, the HHS Departmental Appeals Board (DAB), in a manner consistent with the provisions in 42 C.F.R. § 1005.2-1005.21. Notwithstanding the language in 42 C.F.R. § 1005.2(c), the request for a hearing involving specific performance or Stipulated Penalties shall be made within 10 days after receipt of the Demand Letter and the request for a hearing involving exclusion shall be made within 25 days after receipt of the Exclusion Letter. The procedures relating to the filing of a request for a hearing can be found at xxxx://xxx.xxx.xxx/dab/division/civil/procedures/divisionprocedures.html.

Appears in 1 contract

Samples: Corporate Integrity Agreement

Review Rights. Upon OIG’s delivery to J&J Shire of its Demand Letter or of its Exclusion Letter, and as an agreed-upon contractual remedy for the resolution of Shire North American Group, Inc. Corporate Integrity Agreement disputes arising under this CIA, J&J and/or the J&J Pharmaceutical Affiliate(s) Shire shall be afforded certain review rights comparable to the ones that are provided in 42 U.S.C. § 1320a-7(f) and 42 C.F.R. Part 1005 as if they applied to the Stipulated Penalties or exclusion sought pursuant to this CIA. Specifically, OIG’s determination to demand payment of Stipulated Penalties or to seek exclusion shall be subject to review by an HHS ALJ and, in the event of an appeal, the HHS Departmental Appeals Board (DAB), in a manner consistent with the provisions in 42 C.F.R. § 1005.2-1005.21. Notwithstanding the language in 42 C.F.R. § 1005.2(c), the request for a hearing involving Stipulated Penalties shall be made within 10 days after receipt of the Demand Letter and the request for a hearing involving exclusion shall be made within 25 days after receipt of the Exclusion Letter.

Appears in 1 contract

Samples: Corporate Integrity Agreement

Review Rights. Upon OIG’s delivery to J&J UHS of its Noncompliance Notice, Demand Letter Letter, or of its Exclusion Letter, and as an agreed-upon contractual remedy for the resolution of disputes arising under this CIA, J&J and/or the J&J Pharmaceutical Affiliate(s) UHS shall be afforded certain review rights comparable to the ones that are provided in 42 U.S.C. § 1320a-7(f) and 42 C.F.R. Part 1005 as if they applied to the specific performance, Stipulated Penalties Penalties, or exclusion sought pursuant to this CIA. Specifically, OIG’s determination to demand specific performance, payment of Stipulated Penalties Penalties, or to seek exclusion shall be subject to review by an HHS ALJ and, in the event of an appeal, the HHS Departmental Appeals Board (DAB), in a manner consistent with the provisions in 42 C.F.R. § 1005.2-1005.21. Notwithstanding the language in 42 C.F.R. § 1005.2(c), the request for a hearing involving specific performance or Stipulated Penalties shall be made within 10 days after receipt of the Demand Letter and the request for a hearing involving exclusion shall be Universal Health Services, Inc. Corporate Integrity Agreement made within 25 days after receipt of the Exclusion Letter. The procedures relating to the filing of a request for a hearing can be found at hxxx://xxx.xxx.xxx/xxx/division/civil/procedures/divisionprocedures.html.

Appears in 1 contract

Samples: Corporate Integrity Agreement (Universal Health Services Inc)

Review Rights. Upon OIG’s delivery to J&J Biomet or Biomet Orthopedics of its Demand Letter or of its Exclusion Letter, and as an agreed-upon contractual remedy for the resolution of disputes arising under this CIA, J&J and/or the J&J Pharmaceutical Affiliate(s) Biomet or Biomet Orthopedics shall be afforded certain review rights comparable to the ones that are provided in 42 U.S.C. § 1320a-7(f) and 42 C.F.R. Part 1005 as if they applied to the Stipulated Penalties or exclusion sought pursuant to this CIA. Specifically, OIG’s determination to demand payment of Stipulated Penalties or to seek exclusion shall be subject to review by an HHS ALJ and, in the event of an appeal, the HHS Departmental Appeals Board (DAB), in a manner consistent with the provisions in 42 C.F.R. § 1005.2-1005.21. Notwithstanding the language in 42 C.F.R. § 1005.2(c), the request for a hearing involving Stipulated Penalties shall be made within 10 days after receipt of the Demand Letter and the request for a hearing involving exclusion shall be made within 25 days after receipt of the Exclusion Letter.

Appears in 1 contract

Samples: Corporate Integrity Agreement (Biolectron, Inc.)

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Review Rights. Upon OIG’s delivery to J&J Shire of its Demand Letter or of its Exclusion Letter, and as an agreed-upon contractual remedy for the resolution of Shire North American Group, Inc. Corporate Integrity Agreement disputes arising under this CIA, J&J and/or the J&J Pharmaceutical Affiliate(s) Xxxxx shall be afforded certain review rights comparable to the ones that are provided in 42 U.S.C. § 1320a-7(f) and 42 C.F.R. Part 1005 as if they applied to the Stipulated Penalties or exclusion sought pursuant to this CIA. Specifically, OIG’s determination to demand payment of Stipulated Penalties or to seek exclusion shall be subject to review by an HHS ALJ and, in the event of an appeal, the HHS Departmental Appeals Board (DAB), in a manner consistent with the provisions in 42 C.F.R. § 1005.2-1005.21. Notwithstanding the language in 42 C.F.R. § 1005.2(c), the request for a hearing involving Stipulated Penalties shall be made within 10 days after receipt of the Demand Letter and the request for a hearing involving exclusion shall be made within 25 days after receipt of the Exclusion Letter.

Appears in 1 contract

Samples: Corporate Integrity Agreement

Review Rights. Upon OIG’s delivery to J&J Hill-Rom of its Demand Letter or of its Exclusion Letter, and as an agreed-upon contractual remedy for the resolution of disputes arising under this CIA, J&J and/or the J&J Pharmaceutical Affiliate(s) Hill-Rom shall be afforded certain review Hill-Rom Corporate Integrity Agreement rights comparable to the ones that are provided in 42 U.S.C. § 1320a-7(f) and 42 C.F.R. Part 1005 as if they applied to the Stipulated Penalties or exclusion sought pursuant to this CIA. Specifically, OIG’s determination to demand payment of Stipulated Penalties or to seek exclusion shall be subject to review by an HHS ALJ and, in the event of an appeal, the HHS Departmental Appeals Board (DAB), in a manner consistent with the provisions in 42 C.F.R. § 1005.2-1005.21. Notwithstanding the language in 42 C.F.R. § 1005.2(c), the request for a hearing involving Stipulated Penalties shall be made within 10 days after receipt of the Demand Letter and the request for a hearing involving exclusion shall be made within 25 days after receipt of the Exclusion Letter.

Appears in 1 contract

Samples: Corporate Integrity Agreement

Review Rights. Upon OIG’s delivery to J&J GGNSC of its Noncompliance Notice, Demand Letter Letter, or of its Exclusion Letter, and as an agreed-upon contractual remedy for the resolution of disputes arising under this CIA, J&J and/or the J&J Pharmaceutical Affiliate(s) GGNSC shall be afforded certain review rights comparable to the ones that are provided in 42 U.S.C. § 1320a-7(f) and 42 C.F.R. Part 1005 as if they applied to the specific performance, Stipulated Penalties Penalties, or exclusion sought pursuant to this CIA. Specifically, OIG’s determination to demand specific performance, payment of Stipulated Penalties Penalties, or to seek exclusion shall be subject to review by an HHS ALJ and, in the event of an appeal, the HHS Departmental Appeals Board (DAB), in a manner consistent with the provisions in 42 C.F.R. § 1005.2-1005.21. Notwithstanding the language in 42 C.F.R. § 1005.2(c), the request for a hearing involving specific performance or Stipulated Penalties shall be made within 10 days after receipt of the Demand Letter and the request for a hearing involving exclusion shall be made within 25 days after receipt of the Exclusion Letter.

Appears in 1 contract

Samples: Corporate Integrity Agreement

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