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I am not making an affirmative finding that accepted standards of nursing would have permitted Petitioner 's staff to administer these medications without physician approval . HCFA accepted the consultants ' finding and informed Petitioner of the finding on June 24 , 1993 . Even if it had constituted such a change , it would not have deprived Petitioner of any protected liberty or property interest or worked any unfairness , for the reasons we have already stated in our opening brief , at pp . Petitioner argued that the ALJ had wrongly termed Petitioner 's three convictions for placing brand names on dispensed generic drugs as " false prescription labeling . I conclude that while Respondent may have continued Petitioner 's health insurance benefits , the record does not show that Petitioner was either eligible for such benefits or that he was aware that the benefits were being continued . informed Petitioner that the action was taken under section 1128 ( a ) ( 1 ) of the Act , based on conviction of an offense related to the delivery of an item or service under Medicaid .