42 CFR § 402.15 - Collateral estoppel.

---
identifier: "/us/cfr/t42/s402.15"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 402.15 - Collateral estoppel."
title_number: 42
title_name: "Public Health"
section_number: "402.15"
section_name: "Collateral estoppel."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "A"
subchapter_name: "GENERAL PROVISIONS"
part_number: "402"
part_name: "CIVIL MONEY PENALTIES, ASSESSMENTS, AND EXCLUSIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302 and 1395hh."
regulatory_source: "63 FR 68690, Dec. 14, 1998, unless otherwise noted."
cfr_part: "402"
---


# 402.15 Collateral estoppel.

(a) When a final determination that the respondent presented or caused to be presented a claim or request for payment falling within the scope of § 402.1 has been rendered in any proceeding in which the respondent was a party and had an opportunity to be heard, the respondent is bound by that determination in any proceeding under this part.

(b) A person who has been convicted (whether upon a verdict after trial or upon a plea of guilty or nolo contendere) of a Federal crime charging fraud or false statements is barred from denying the essential elements of the criminal offense if the proceedings under this part involve the same transactions.