In Re Psychotherapy and Counseling Center, Inc.

DECISION ON MOTION FOR DECLARATION THAT PROPOSED EXCLUSION IS EXCEPTED FROM AUTOMATIC STAY OR, ALTERNATIVELY, FOR RELIEF FROM STAY

S. MARTIN TEEL, Jr., Bankruptcy Judge.

Under the court’s consideration is a motion in the alternative filed by the United States Department of Health and Human Services (“HHS”) seeking a declaration that the automatic stay does not bar it from excluding the debtor, Psychotherapy and Counseling Center, Inc., from participating in Medicare and the state health care programs based on the debtor’s default under a settlement agreement with HHS. Alternatively, HHS…