42 C.F.R. 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


TITLE 42--Public Health

CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER G--STANDARDS AND CERTIFICATION

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

rule

Subpart A--GENERAL PROVISIONS

�498.1
Statutory basis.
�498.2
Definitions.
�498.3
Scope and applicability.
�498.4
NFs subject to appeals process in part 498.
�498.5
Appeal rights.
�498.10
Appointment of representatives.
�498.11
Authority of representatives.
�498.13
Fees for services of representatives.
�498.15
Charge for transcripts.
�498.17
Filing of briefs with the ALJ or Departmental Appeals Board, and opportunity for rebuttal.
rule

Subpart B--INITIAL, RECONSIDERED, AND REVISED DETERMINATIONS

�498.20
Notice and effect of initial determinations.
�498.22
Reconsideration.
�498.23
Withdrawal of request for reconsideration.
�498.24
Reconsidered determination.
�498.25
Notice and effect of reconsidered determination.
rule

Subpart C--REOPENING OF INITIAL OR RECONSIDERED DETERMINATIONS

�498.30
Limitation on reopening.
�498.32
Notice and effect of reopening and revision.
rule

Subpart D--HEARINGS

�498.40
Request for hearing.
�498.42
Parties to the hearing.
�498.44
Designation of hearing official.
�498.45
Disqualification of Administrative Law Judge.
�498.47
Prehearing conference.
�498.48
Notice of prehearing conference.
�498.49
Conduct of prehearing conference.
�498.50
Record, order, and effect of prehearing conference.
�498.52
Time and place of hearing.
�498.53
Change in time and place of hearing.
�498.54
Joint hearings.
�498.56
Hearing on new issues.
�498.58
Subpoenas.
�498.60
Conduct of hearing.
�498.61
Evidence.
�498.62
Witnesses.
�498.63
Oral and written summation.
�498.64
Record of hearing.
�498.66
Waiver of right to appear and present evidence.
�498.68
Dismissal of request for hearing.
�498.69
Dismissal for abandonment.
�498.70
Dismissal for cause.
�498.71
Notice and effect of dismissal and right to request review.
�498.72
Vacating a dismissal of request for hearing.
�498.74
Administrative Law Judge's decision.
�498.76
Removal of hearing to Departmental Appeals Board.
�498.78
Remand by the Administrative Law Judge.
rule

Subpart E--DEPARTMENTAL APPEALS BOARD REVIEW

�498.80
Right to request Departmental Appeals Board review of Administrative Law Judge's decision or dismissal.
�498.82
Request for Departmental Appeals Board review.
�498.83
Departmental Appeals Board action on request for review.
�498.85
Procedures before the Departmental Appeals Board on review.
�498.86
Evidence admissible on review.
�498.88
Decision or remand by the Departmental Appeals Board.
�498.90
Effect of Departmental Appeals Board decision.
�498.95
Extension of time for seeking judicial review.
rule

Subpart F--REOPENING OF DECISIONS MADE BY ADMINISTRATIVE LAW JUDGES OR THE DEPARTMENTAL APPEALS BOARD

�498.100
Basis, timing, and authority for reopening an ALJ or Board decision.
�498.102
Revision of reopened decision.
�498.103
Notice and effect of revised decision.
rule



chanrobles.com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com