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Ex-Drug Company CEO Harkonen Sues HHS, Challenges Exclusion From Federal Programs

Jan. 10, 2013, 5:00 AM

A former pharmaceutical company executive sued the government Jan. 7 over his five-year exclusion from participation in federal health programs, arguing that the exclusion was arbitrary and capricious and unsupported by substantial evidence (Harkonen v. Sebelius).

The Department of Health and Human Services Office of Inspector General excluded W. Scott Harkonen from participation in federal health care programs as of Sept. 20, 2011. The Section 1128(a)(3) exclusion is mandatory and has a minimum length of five years. HHS Secretary Kathleen Sebelius affirmed the IG’s order, and Harkonen’s suit challenges that affirmance.

Harkonen, the former chief executive officer of...

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