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RAM v. HECKLER

No. 85-2323.

792 F.2d 444 (1986)

Cecil C. RAM, M.D., Appellee, v. Margaret M. HECKLER, Individually and in her official capacity as Secretary of the United States Department of Health and Human Resources, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 6, 1986.

Attorney(s) appearing for the Case

Dana J. Petti, Asst. Regional Atty., Dept. of Health and Human Services, Atlanta, Ga. (Samuel T. Currin, U.S. Atty., Raleigh, N.C., Charles R. Brewer, U.S. Atty., Clifford C. Marshall, Asst. U.S. Atty., Asheville, N.C., Bruce R. Granger, Regional Atty., Kansas City, Mo., on brief), for appellant.

Charles E. Johnson (Julia V. Jones, Moore, Van Allen, Allen & Thigpen, Charlotte, N.C., on brief), for appellee.

Before MURNAGHAN and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

The Secretary of the Department of Health and Human Services appeals from an order enjoining her from suspending Dr. Cecil Ram as a medicare provider prior to final disposition of his administrative appeal. We hold that a physician who has been convicted of medicare fraud is not entitled to a presuspension administrative hearing. The physician is, however, entitled to a prompt postsuspension hearing in order to satisfy the requirements...

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