Travers

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. § 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. § 1320a-7(i); (2) he was entitled to an evidentiary hearing' to attack the underlying circumstances in the state court proceedings; (3) the Secretary was required to promulgate regulations articulating the distinction between “deferred adjudication” and “deferred prosecution;” and (4) the district court abused its discretion in granting the Secretary’s motion for a protective order barring discovery. All four arguments advanced by Travers lack merit. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Travers, a physician, was accused of filing a false Medicaid claim which resulted in overpayment for services rendered in violation of Utah Code Ann. § 26 — 20—7(2)(b). He agreed to plead “no contest” to the charge and to pay restitution, investigation costs, and a civil penalty. The…