42 C.F.R. § 405.2184 Notice of appeal rights: Alternative sanctions.
Title 42 - Public Health
If CMS proposes to apply a sanction specified in §405.2181(b), the following rules apply: (a) CMS gives the facility notice of the proposed sanction and 15 days in which to request a hearing. (b) If the facility requests a hearing, CMS provides an informal hearing by a CMS official who was not involved in making the appealed decision. (c) During the informal hearing, the facility— (1) May be represented by counsel; (2) Has access to the information on which the allegation was based; and (3) May present, orally or in writing, evidence and documentation to refute the finding of failure to participate in network activities and pursue network goals. (d) If the written decision of the informal hearing supports application of the alternative sanction, CMS provides the facility and the public, at least 30 days before the effective date of the sanction, with a written notice that specifies the effective date and the reasons for the sanction. [53 FR 36277, Sept. 19, 1988]
Title 42: Public Health
PART 405—FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED
Subpart U—Conditions for Coverage of Suppliers of End-Stage Renal Disease (ESRD) Services
§ 405.2184 Notice of appeal rights: Alternative sanctions.
