Corkill

ORDER

The Memorandum Disposition filed December 9,1996 is redesignated as a published Opinion.

OPINION

The Secretary of the Department of Health and Human Services sanctioned *1350 Plaintifi/Appellant Anthony G. Corkill, M.D. (“Corkill”), for violations of 42 U.S.C. § 1320c-5 with the penalty of three years exclusion from the Medicare reimbursement program. Corkill appealed to the United States District Court for the Eastern District of California. The District Court, David F. Levi, J., affirmed the Departmental Appeals Board of the United States Department of Health and Human Services. Corkill appeals the final decision of the District Court. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Anthony Corkill is a neurosurgeon in private practice in Redding, California. Because Corkill participates in the federal Medicare reimbursement program, his practice is subject to peer review by California Medical Review, Inc. (“CMRI”). CMRI is a peer review organization (“PRO”) under contract with the Department of Health and Human Services to review Medicare services in California.

In order to qualify for reimbursement under the Medicare program, a physician must comply…