42 C.F.R. § 498.56 Hearing on new issues.
Title 42 - Public Health
(a) Basic rules. (1) Within the time limits specified in paragraph (b) of this section, the ALJ may, at the request of either party, or on his or her own motion, provide a hearing on new issues that impinge on the rights of the affected party. (2) The ALJ may consider new issues even if CMS or the OIG has not made initial or reconsidered determinations on them, and even if they arose after the request for hearing was filed or after a prehearing conference. (3) The ALJ may give notice of hearing on new issues at any time after the hearing request is filed and before the hearing record is closed. (b) Time limits. The ALJ will not consider any issue that arose on or after any of the following dates: (1) The effective date of the termination of a provider agreement. (2) The date on which it is determined that a supplier no longer meets the conditions for coverage of its services. (3) The effective date of the notice to a hospital of its failure to remain in compliance with the qualifications for claiming reimbursement for all emergency services furnished to Medicare beneficiaries during the calendar year. (4) The effective date of the suspension, or of the exclusion from coverage of services furnished by a suspended or excluded practitioner, provider, or supplier. (5) With respect to Medicaid SNFs or ICFs surveyed under section 1910(c) of the Act— (i) The completion date of the survey or resurvey that is the basis for a proposed cancellation of approval; or (ii) If approval was cancelled before the hearings, because of immediate and serious threat to patient health and safety, the effective date of cancellation. (c) Notice and conduct of hearing on new issues. (1) Unless the affected party waives its right to appear and present evidence, notice of the time and place of hearing on any new issue will be given to the parties in accordance with §498.52. (2) After giving notice, the ALJ will, except as provided in paragraph (d) of this section, proceed to hearing on new issues in the same manner as on an issue raised in the request for hearing. (d) Remand to CMS or the OIG. At the request of either party, or on his or her own motion, in lieu of a hearing under paragraph (c) of this section, the ALJ may remand the case to CMS or the OIG for consideration of the new issue and, if appropriate, a determination. If necessary, the ALJ may direct CMS or the OIG to return the case to the ALJ for further proceedings. [52 FR 22446, June 12, 1987, as amended at 53 FR 31335, Aug. 18, 1988]
Title 42: Public Health
PART 498—APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE PARTICIPATION OF ICFs/MR AND CERTAIN NFs IN THE MEDICAID PROGRAM
Subpart D—Hearings
§ 498.56 Hearing on new issues.
