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Regulations last checked for updates: Nov 22, 2024
Title 42 - Public Health last revised: Nov 19, 2024
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Title 42
Chapter IV
Part 423
Subpart U - Subpart U—Reopening, ALJ Hearings and ALJ and Attorney Adjudicator Decisions, Council Review, and Judicial Review
§ 423.1968 - Scope.
§§ 423.1970-423.1976 - §[Reserved]
§ 423.1978 - Reopening determinations and decisions.
§ 423.1980 - Reopening of coverage determinations, redeterminations, reconsiderations, decisions, and reviews.
§ 423.1982 - Notice of a revised determination or decision.
§ 423.1984 - Effect of a revised determination or decision.
§ 423.1986 - Good cause for reopening.
§ 423.1990 - Expedited access to judicial review.
§ 423.2000 - Hearing before an ALJ and decision by an ALJ or attorney adjudicator: General rule.
§ 423.2002 - Right to an ALJ hearing.
§ 423.2004 - Right to a review of IRE notice of dismissal.
§ 423.2006 - Amount in controversy required for an ALJ hearing and judicial review.
§ 423.2008 - Parties to the proceedings on a request for an ALJ hearing.
§ 423.2010 - When CMS, the IRE, or Part D plan sponsors may participate in the proceedings on a request for an ALJ hearing.
§ 423.2014 - Request for an ALJ hearing or a review of an IRE dismissal.
§ 423.2016 - Timeframes for deciding an appeal of an IRE reconsideration.
§ 423.2018 - Submitting evidence.
§ 423.2020 - Time and place for a hearing before an ALJ.
§ 423.2022 - Notice of a hearing before an ALJ.
§ 423.2024 - Objections to the issues.
§ 423.2026 - Disqualification of the ALJ or attorney adjudicator.
§ 423.2030 - ALJ hearing procedures.
§ 423.2032 - Issues before an ALJ or attorney adjudicator.
§ 423.2034 - Requesting information from the IRE.
§ 423.2036 - Description of an ALJ hearing process.
§ 423.2038 - Deciding a case without a hearing before an ALJ.
§ 423.2040 - Prehearing and posthearing conferences.
§ 423.2042 - The administrative record.
§ 423.2044 - Consolidated proceedings.
§ 423.2046 - Notice of an ALJ or attorney adjudicator decision.
§ 423.2048 - The effect of an ALJ's or attorney adjudicator's decision.
§ 423.2050 - Removal of a hearing request from OMHA to the Council.
§ 423.2052 - Dismissal of a request for a hearing before an ALJ or request for review of an IRE dismissal.
§ 423.2054 - Effect of dismissal of a request for a hearing or request for review of an IRE's dismissal.
§ 423.2056 - Remands of requests for hearing and requests for review.
§ 423.2058 - Effect of a remand.
§ 423.2062 - Applicability of policies not binding on the ALJ and Council.
§ 423.2063 - Applicability of laws, regulations, CMS Rulings, and precedential decisions.
§ 423.2100 - Medicare Appeals Council review: general.
§ 423.2102 - Request for Council review when ALJ or attorney adjudicator issues decision or dismissal.
§ 423.2106 - Where a request for review may be filed.
§ 423.2108 - Council Actions when request for review is filed.
§ 423.2110 - Council reviews on its own motion.
§ 423.2112 - Content of request for review.
§ 423.2114 - Dismissal of request for review.
§ 423.2116 - Effect of dismissal of request for Council review or request for hearing.
§ 423.2118 - Obtaining evidence from the Council.
§ 423.2120 - Filing briefs with the Council.
§ 423.2122 - What evidence may be submitted to the Council.
§ 423.2124 - Oral argument.
§ 423.2126 - Case remanded by the Council.
§ 423.2128 - Action of the Council.
§ 423.2130 - Effect of the Council's decision.
§ 423.2134 - Extension of time to file action in Federal District Court.
§ 423.2136 - Judicial review.
§ 423.2138 - Case remanded by a Federal District Court.
§ 423.2140 - Council Review of ALJ or attorney adjudicator decision in a case remanded by a Federal District Court.
authority:
42 U.S.C. 1302
,
1306
,
1395w
,
and
source:
70 FR 4525, Jan. 28, 2005, unless otherwise noted.
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