Donald O. BERNSTEIN, Petitioner, v. Louis W. SULLIVAN, Secretary, Department of Health and Human Services, Respondent

McWILLIAMS, Circuit Judge.

This is a petition for review of a final decision of the Secretary of Health and Human Services holding Dr. Donald O. Bernstein, a chiropractor, liable under the Civil Monetary Penalties Law (CMPL) for submitting false claims for Medicare reimbursement. 42 U.S.C. § 1320a-7a. Jurisdiction is based on 42 U.S.C. § 1320a-7a(e).

The Secretary’s decision imposed a civil monetary penalty on Dr. Bernstein in the sum of $49,200.00 and an additional assessment of $2,742.40. The principal issue in this proceeding is whether a six-year statute of limitations set forth in 42…