Payment Matters

March 29, 2011

Recent GME/IME Case: Proceed with Caution in Use of Stipulations

By: Thomas W. Coons

Stipulations streamline evidentiary proceedings by eliminating the need to introduce documents and testimony in supporting facts and propositions that are uncontested. As a result, administrative tribunals often encourage litigants to stipulate to both facts and to the application of those facts to legal principles. For example, the Provider Reimbursement Review Board (PRRB or Board) rules encourage parties to file written stipulations in advance of a hearing to assist the parties and Board members to prepare for the hearing. The government’s position taken in recent cases, however, suggests that providers should be cautious in relying on stipulations before the PRRB and possibly other tribunals.

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