Teitelbaum

Teitelbaum v. Health Care Financing Administration

Good Law
32 F. App'x 865
United States Court of Appeals for the Ninth CircuitMarch 18, 2002No. 01-70236; HCFA No. C-98-277/CR679California390 words

Opinion

Lead Opinion

MEMORANDUM **

On Petition for Review of an Order of the Health Care Financing Administration

Sol Teitelbaum appeals pro se from a final administrative decision under the Clinical Laboratory Improvement Amendments of 1988 (CLIA). 42 U.S.C. § 263a. The decision prohibits Teitelbaum from owning or operating a laboratory for two years. We affirm. Because the parties are familiar with the factual and procedural background, we need not detail it here.

CLIA requires that, prior to operating, all laboratories receive a certificate from the Secretary of the Department of Health and Human Services. 42 U.S.C. § 263a(b). Revocation of such a certificate disqualifies both the owner and operator of the laboratory from owning or operating any laboratory for two years. Id. at § 263a(i)(3). Teitelbaum contends that the government did not have authority to revoke the certificate issued to his employer, Sentinel Medical Laboratories, because it had ceased operating prior to the revocation. He offers no support for this proposition. Teitelbaum was the director of a laboratory whose certificate was revoked. Therefore, he was properly sanctioned under CLIA. § 263a(i)(3); 42 C.F.R. § 493.2 .…

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