Specific Performance 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 specific performance of Amendment provisions shall be: (a) whether, at the time specified in the Noncompliance Notice, B▇▇▇▇▇▇ was in full and timely compliance with the obligations of this Amendment for which the OIG seeks specific performance; and (b) whether B▇▇▇▇▇▇ failed to cure. B▇▇▇▇▇▇ shall have the burden of proving its full and timely compliance and the steps taken to cure the noncompliance, if any. If the ALJ finds for the OIG, B▇▇▇▇▇▇ shall take the actions OIG deems necessary to cure within twenty (20) days after the ALJ issues such a decision notwithstanding that B▇▇▇▇▇▇ may request review of the ALJ decision by the DAB.
Appears in 1 contract
Sources: Corporate Integrity Agreement (Beverly Enterprises Inc)
Specific Performance 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 specific performance of Amendment provisions shall be: :
(a) whether, at the time specified in the Noncompliance Notice, B▇▇▇▇▇▇ was in full and timely compliance with the obligations of this Amendment for which the OIG seeks specific performance; and (b) whether B▇▇▇▇▇▇ failed to cure. B▇▇▇▇▇▇ shall have the burden of proving its full and timely compliance and the steps taken to cure the noncompliance, if any. If the ALJ finds for the OIG, B▇▇▇▇▇▇ shall take the actions OIG deems necessary to cure within twenty (20) days after the ALJ issues such a decision notwithstanding that B▇▇▇▇▇▇ may request review of the ALJ decision by the DAB.
Appears in 1 contract
Sources: Corporate Integrity Agreement (Beverly Enterprises Inc)