SUBJECT:

Louis A. Pisani,

Petitioner,

The Inspector General.

DECISION

Because Petitioner did not timely file his request for a hearing, I dismiss this case pursuant to 42 C.F.R. § 1005.2(e)(1).

In a letter dated January 31, 2001, the Inspector General (I.G.) advised Petitioner, Louis A. Pisani, that, because he had been convicted of a criminal offense related to the delivery of an item or service under the Medicaid program, the I.G. was excluding him from participation in Medicare, Medicaid, and all other federal health care programs for a minimum period of ten years. I.G. Ex. 1. Section 1128(a)(1) of the Social Security Act (Act) authorizes such exclusion. A statement setting forth Petitioner's appeal rights accompanied the letter. It said:

You may request a hearing before an administrative law judge in accordance with 42 C.F.R. § 1001.2007. Such a request must be made in writing within 60 days of your receiving the OIG's letter of exclusion. . . .

I.G. Ex. 1, at 3.

More than five years later, in a letter dated March 23, 2006, Petitioner asked that his name be removed from the exclusion list. The letter was treated as a request for hearing, and the matter was assigned to me. I held a prehearing conference by telephone on May 25, 2006, at which Petitioner admitted that he received the notice of exclusion within about five days of its mailing. However, he argued that, due to his emotional state at the time, he was not in a position to pursue an appeal. Inasmuch as he has now been excluded for five years, has made restitution, and has been rehabilitated, he maintained that the length of his exclusion should be shortened. Order and Schedule for Filing Briefs and Documentary Evidence (May 26, 2006).

The I.G. asked leave to file his motion to dismiss, and the parties agreed to a briefing schedule. The I.G has filed his motion and brief, accompanied by six exhibits (I.G. Exs. 1-6). Petitioner has not filed any response. In the absence of any objection, I admit I.G. Exs. 1-6.

1. Petitioner's hearing request must be dismissed pursuant to 42 C.F.R. §1005.2(e)(1) because it was not timely filed. ⁽¹⁾

The regulations governing these proceedings provide that an individual excluded under section 1128 of the Act is entitled to a hearing if he files a written request for hearing within 60 days of receiving the exclusion notice. 42 C.F.R. §§ 1001.2007(b), 1005.2(c). The ALJ must dismiss a hearing request that is not timely filed. No exception is permitted, even upon a showing of good cause. 42 C.F.R. § 1005.2(e)(1). Here, Petitioner admits that he did not request a hearing for five years after he received the I.G.'s exclusion notice. I therefore have no choice but to dismiss his hearing request.
Petitioner's request for hearing is therefore dismissed pursuant to 42 C.F.R. § 1005.2(e)(1).

Carolyn Cozad Hughes

Administrative Law Judge