42 CFR 423.1086 - Effect of Departmental Appeals Board Decision.

Regulations last checked for updates: Nov 25, 2024

Title 42 - Public Health last revised: Nov 19, 2024

View all text of Subpart T [§ 423.1000 - § 423.1094]

§ 423.1086 - Effect of Departmental Appeals Board Decision.

(a) General rule. The Board's decision is binding unless—

(1) The affected party has a right to judicial review and timely files a civil action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals; or

(2) The Board reopens and revises its decision in accordance with 423.1092.

(b) Right to judicial review. Section 423.1006 specifies the circumstances under which an affected party has a right to seek judicial review.

(c) Special rules: Civil money penalty. Finality of Board's decision. When CMS imposes a civil money penalty, notice of the Board's decision (or denial of review) is the final administrative action that initiates the 60-calendar day period for seeking judicial review.

authority: 42 U.S.C. 1302,1306,1395w,and

source: 70 FR 4525, Jan. 28, 2005, unless otherwise noted.

cite as: 42 CFR 423.1086