Scott v. Bowen

845 F.2d 856 21 Soc.Sec.Rep.Ser. 509, Medicare&Medicaid Gu 37,086 Jimmy Paul SCOTT, Petitioner, v. Otis R. BOWEN, M.D., Secretary, United States Department of Health and Human Services, Respondent. No. 87-7281. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 15, 1988. Decided April 27, 1988. Clifford I. Gould, San Francisco, Cal., for petitioner. John C. Hoyle, Dept. of Justice, Washington, D.C., for respondent. Petition to Review a Decision of the Department of Health and Human Services. Before SNEED, HUG and KOZINSKI, Circuit Judges. PER CURIAM: 1 We review the Department of Health and Human Services (HHS) award of civil penalties and assessments against petitioner pursuant to the Civil Monetary Penalties Law (CMPL), 42 U.S.C. Sec. 1302a-7a (1981). Facts 2 Petitioner is a licensed psychologist practicing in California. Between August 21, 1981, and June 28, 1982, petitioner submitted 46 claims for Medi-Cal reimbursement asserting that he provided psychotherapy services to various patients on 73 occasions. Upon investigation, the Inspector General (IG) of HHS determined that petitioner in fact never provided these services and proposed civil monetary…