David A. BARRETT, Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Donna Shalala, Secretary, Appellee

David A. Barrett is an administrator of a private facility that receives federal Medicare and Medicaid funds for the care of mentally and physically disabled adults. After Barrett pleaded guilty in state court to failing to report suspected sexual abuse, the Department of Health and Human Services notified him of his five-year exclusion from employment in programs receiving federal Medicare and Medicaid funds. See 42 U.S.C. § 1320a-7(a)(2), (c)(3)(B) (1988) (mandatory five-year exclusion for persons convicted of offenses relating to patient neglect or abuse). Barrett appealed the exclusion…