Stern v. Shalala

JON O. NEWMAN, Chief Judge:

This petition for review challenges, on various grounds, civil assessments and penalties imposed upon a doctor by the Department of Health and Human Services (“HHS”) for submitting fraudulent Medicare claims. Dr. Timothy L. Stern petitions for review of the March 16,1993, decision of the HHS Departmental Appeals Board finding him liable under the Civil Monetary Penalties Law (“CMPL”), 42 U.S.C. § 1320a-7a (1988 & Supp. Ill 1991). The Board imposed “assessments” of $70,648 and “penalties” of *149$345,000. We conclude that the penalties were imposed in violation of a plea…