[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR478.46]



[Page 481]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 478_RECONSIDERATIONS AND APPEALS--Table of Contents

 

     Subpart B_Utilization and Quality Control Quality Improvement 

             Organization (QIO) Reconsiderations and Appeals

 

Sec.  478.46  Departmental Appeals Board and judicial review.



    (a) The circumstances under which the DAB will review an ALJ hearing 

decision or dismissal are the same as those set forth at 20 CFR 404.970, 

(``Cases the Appeals Council will review'').

    (b) If $2,000 or more is in controversy, a party may obtain judicial 

review of an Departmental Appeals Board decision, or an ALJ hearing 

decision if a request for review by the Departmental Appeals Board was 

denied, by filing a civil action under the Federal Rules of Civil 

Procedure within 60 days after the date the party received notice of the 

Departmental Appeals Board decision or denial.



[50 FR 15372, Apr. 17, 1985, as amended at 61 FR 32349, June 24, 1996; 

62 FR 25855, May 12, 1997. Redesignated at 64 FR 66279, Nov. 24, 1999]