Travers v. Shalala

20 F.3d 993 44 Soc.Sec.Rep.Ser. 158, Medicare&Medicaid Guide P 42,183 Michael TRAVERS, M.D., Plaintiff-Appellant, v. Donna E. SHALALA, Ph.D., * Secretary of the United States Department of Health and Human Services, Defendant-Appellee. No. 92-36658. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 7, 1994. Decided March 31, 1994. 1 Kenneth Joel Haber, Rockville, MD., for plaintiff-appellant. 2 Lucille Gonzales Meis, Asst. Regional Counsel, Dept. of Health and Human Services, Denver, CO, Frank A. Wilson, Asst. U.S. Atty., Spokane, WA, for defendant-appellee. 3 Appeal from the United States District Court for the Eastern District of Washington. 4 Before: CANBY, and T.G. NELSON, Circuit Judges, and SHUBB, ** District Judge. SHUBB, District Judge: 5 Michael Travers, M.D., appeals a summary judgment in which the district court affirmed the Secretary of Health and Human Services' decision to exclude Travers from participating in the Medicare and State health care programs for a statutory period of five years pursuant to 42 U.S.C. Sec. 1320a-7. On appeal, Travers argues that (1) he was not convicted of a program-related offense within the meaning of 42 U.S.C.…