[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR498.50]



[Page 1098]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

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--Table 

of Contents

 

                           Subpart D_Hearings

 

Sec. 498.50  Record, order, and effect of prehearing conference.



    (a) Record of prehearing conference. (1) A record is made of all 

agreements and stipulations entered into at the prehearing conference.

    (2) The record may be transcribed at the request of either party or 

the ALJ.

    (b) Order and opportunity to object. (1) The ALJ issues an order 

setting forth the results of the prehearing conference, including the 

agreements made by the parties as to facts not in controversy, the 

matters to be considered at the hearing, and the issues to be resolved.

    (2) Copies of the order are sent to all parties and the parties have 

10 days to file objections to the order.

    (3) After the 10 days have elapsed, the ALJ settles the order.

    (c) Effect of prehearing conference. The agreements and stipulations 

entered into at the prehearing conference are binding on all parties, 

unless a party presents facts that, in the opinion of the ALJ, would 

make an agreement unreasonable or inequitable.