[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: 42CFR498.74]



[Page 1101]

 

                         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. 498.74  Administrative Law Judge's decision.



    (a) Timing, basis and content. As soon as practical after the close 

of the hearing, the ALJ issues a written decision in the case. The 

decision is based on the evidence of record and contains separate 

numbered findings of fact and conclusions of law.

    (b) Notice and effect. A copy of the decision is mailed to the 

parties and is binding on them unless--

    (1) A party requests review by the Departmental Appeals Board within 

the time period specified in Sec. 498.82, and the Board reviews the 

case;

    (2) The Departmental Appeals Board denies the request for review and 

the party seeks judicial review by filing an action in a United States 

District Court or, in the case of a civil money penalty, in a United 

States Court of Appeals;

    (3) The decision is revised by an ALJ or the Departmental Appeals 

Board; or

    (4) The decision is a recommended decision directed to the Board.



[52 FR 22446, June 12, 1987, as amended at 61 FR 32351, June 24, 1996]