42. Add subpart E to read as follows:
(a) Where a final decision pertaining to the provider or facility's liability for acts that violate this part has been rendered in any proceeding in which the provider or facility was a party and had an opportunity to be heard, the provider or facility shall be bound by such decision in any proceeding under this part.
(b) In a proceeding under this part, a provider or facility is estopped from denying the essential elements of a criminal offense if the proceeding:
(1) Is against a provider or facility which 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; and
(2) Involves the same transactions as in the criminal action.